Queensland: Victims of Crime Assistance and Other Legislation Amendment Act 2017

The Queensland legislature enacted the Victims of Crime Assistance and Other Legislation Amendment Act 2017 (8 of 2017) (the Act) as part of an effort to increase support to victims of crime. While the Act primarily affects the Victims of Crime Assistance Act 2009 (Qld), significant changes have also been made to Queensland’s Criminal Code Act 1899, Evidence Act 1977, and Penalties and Sentencing Act 1992.

The legislation was introduced in 2016 in response to the recommendations of the Final Report of the Review of the Victims of Crime Assistance Act 2009.

Amendments to the Victims of Crime Assistance Act 2009

The Act expands s 20 of the Victims of Crime Assistance Act (VOCA Act), which outlines procedures for dealing with complaints, to cover non-government entities as well as government bodies. Under s 20A, complaints can also be made via a victim services coordinator. The Act also amends s 25 and inserts s 25B to define acts of domestic violence.

Section 58 of the VOCA Act is amended by the Act to allow applications for funeral expense assistance to be approved even after the time limit (of three years after the death of the primary victim) has elapsed in particular circumstances. Changes to ss 48 – 50 also alter the amounts of financial assistance given to victims, and the types of expenses covered.

Section 110 of the VOCA Act allows the State to recover assistance given to victims of violence if the victim has been convicted of a certain offence. The Act inserts a new s 110A into the VOCA Act to specify a time limit for action under s 110. The State may only recover assistance from convicted victims if action is taken within six years of either the date of conviction or the date of application for assistance.

Another notable amendment is the omission of VOCA Act s 136, which allows victims applying for financial assistance to obtain certain information about other victims of the same act of violence who have been granted assistance.

Lastly, the Act introduces a new Schedule 1AA entitled ‘Charter of victims’ rights’, which outlines the rights of victims’ in general, in relation to the criminal justice system and with regard to complaints. The Charter also provides that victims have the right to be informed of the offender’s period of imprisonment, transfer to another facility, and escape from detention.

Amendments to Other Legislation

The Act inserts two new sections, ss 590APA and 740, into Queensland’s Criminal Code Act 1899 to protect counselling communications. Under the new s 590APA(1), the prosecution is not required to provide an accused with a copy a document if the prosecution ‘reasonably considers’ the document to be ‘protected counselling communication.’

‘Protected counselling communication’ is detailed in the amendments to the Evidence Act 1977 (Qld). Most notably, the Act introduced a new Division 2A into the Evidence Act, which makes communications between counsellors and sexual assault victims privileged. As expressly stated in the new s 14D of the Evidence Act, a person cannot be compelled to disclose such communications unless privileged is waived.

In addition, the Act amends s 21A of the Evidence Act to include victims of sexual offences as ‘special witnesses’. This means that a court can make certain accommodations for victims of sexual offences, including pre-recording testimony before the hearing date, allowing victims to give evidence from a separate room, allowing victims to have a support person in the courtroom and/or closing the court to the public and media during a victim's testimony.

The Act introduces Part 10B into the Penalties and Sentencing Act 1992 (Qld). Section 179K(1) permits victims to give prosecutors details of the harm caused to them by the offence ‘for the purpose of the prosecutor informing the sentencing court.’ However, the prosecutor may proceed to sentencing without hearing from the victim(s) if it is reasonable to do so in the circumstances, when the interests of justice and practical matters have been taken into account.

The Act inserts Part 8 Division 7 into the Youth Justice Act 1992 (Qld), which allows victims to receive information about a child who has been detained for committing a violent or sexual offence. This information relates to the child’s term of detention, transfer to another detention facility, release date, death, and whether the child is unlawfully at large.

Notably, the Act was assented on the same day as the Bail (Domestic Violence) and Another Act Amendment Act 2017 (Qld), which removes the presumption of bail for alleged domestic violence offenders. This would indicate that domestic violence and other violent offences are current concerns for the Queensland legislature.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products. Nothing on this website should be construed as legal advice and does not substitute for the advice of competent legal counsel.

Victims of Crime Assistance and Other Legislation Amendment Act (8 of 2017) (QLD), Bill, Explanatory Notes and Explanatory Speech - available from TimeBase LawOne

Bail (Domestic Violence) and Another Act Amendment Act 2017 (9 of 2017) (QLD) - available from TimeBase LawOne

Queensland Government, Review of the Victims of Crime Assistance Act 2009 (27 March 2017) <https://www.qld.gov.au/law/crime-and-police/victims-and-witnesses-of-crime/review-of-the-victims-of-crime-assistance-act-2009/>