Skip links and keyboard navigation

Victims register - placement and removal of applicants

Purpose

To provide a process for the placement and removal of eligible persons on the Queensland Corrective Services (QCS) Victims Register.

1. Definitions

‘victims register’ - also known as eligible persons register pursuant to s320 of the Corrective Services Act 2006 (CSA 2006). The register is kept in accordance with section 320(1) of the CSA 2006 and includes eligible persons.

'eligible person' - means those specified by s320(2) of the CSA 2006.  The QCS Victims Register will manage the register of eligible persons referred to in s320(2) of the CSA 2006

‘registered party’ - a person who applied and has been approved to register on the QCS Victims Register.

‘victim’ - the actual victim of the offences the prisoner committed or the person concerned for their safety

‘nominee’ - a person or agency nominated by a registered party to receive information on their behalf.

‘delegated officer’ - the senior advisor of the QCS Victims Register.

‘senior delegated officer’ – the Director or Executive Director responsible for the management of the QCS Victims Register.

2. General

In accordance with s320 of the CSA 2006, the chief executive is required to maintain a register called the QCS Victims Register, which records the contact details of persons eligible to receive certain information from QCS about a prisoner of interest to the person.

2.1 Persons who are eligible for inclusion on the QCS Victims Register

Persons eligible to register with the QCS Victims Register are specified in s320(2) of the CSA 2006

3. Applications for registration on the QCS Victims Register

All applicants who wish to register with the QCS Victims Register must complete Form 49 - Application to Register with the Queensland Corrective Services Victims Register.

A separate application form is to be completed for each prisoner of interest.

The application form must be signed or marked by the applicant and where applicable, their nominee.

In accordance with s320(3) of the CSA 2006, documentation verifying the identity of the applicant must accompany the application form(s).

Examples of this documentation may include a certified copy of a-

  1. drivers licence;
  2. current passport;
  3. 18+ Card; or
  4. another form of identification that satisfies the QCS Victims Register of the applicant's identity.

If applying for multiple prisoners only one copy of each supporting document(s) is required.

Where there is difficulty obtaining such identification e.g. in remote communities, a statutory declaration confirming the person's identity from an appropriate person, for example a police officer or member of a community justice group will be considered.

Copies of all documentation used for identification purposes must be certified by a Solicitor, Justice of the Peace, Police Officer or Commissioner for Declarations (s13 Oaths Act 1867).

The delegated officer responsible for the operation of the QCS Victims Register may, in exceptional circumstances, accept documents that have not been certified.

3.1 Verification of an application to register

Upon receipt of a completed application form, the QCS Victims Register must establish the legislative basis and eligibility status of the applicant from any of the following sources;

  1. Office of the Director of Public Prosecutions;
  2. Department of Justice and Attorney-General;
  3. Supreme, District or Magistrates Courts;
  4. Queensland Police Service;
  5. Court Transcripts;
  6. Warrants and Verdict and Judgment Records; and
  7. any other source considered appropriate, including DV Support Groups or other appropriate agencies.

3.2 Registration of a nominee

  1. An elible person may nominate another person or agency to receive information on their behalf. Examples of a nominee may include but not be limited to:the victim's legal representative;
  2. a community agency or organisation;
  3. a Government agency or department; or
  4. a family member or friend.

It is the responsibility of the Registered Party to notify the QCS Victims Register if there is a change in nominee and or contact details.

3.3 Registration of a child

In accordance with ss322 and 323 of the CSA 2006, an application from a person under 18 years of age should only be approved where a parent, guardian or a nominee who is over 18 years cannot be registered on their behalf.

On receipt of an application from a person under 18 years of age, the QCS Victims Register will contact the young person to establish if there is someone over the age of 18 years of age who can register and receive information on their behalf.

If the person under 18 years of age is unable to identify someone suitable, further assessment of the application may occur.

If a suitable registered party is identified, they are to be advised they will only receive information until such time as the eligible person reaches 18 years of age.

At 18 years of age the eligible person must request in writing to receive the information on their own behalf or confirm a nominee.

Refer section 3.2 of the QCS Victims Register – Placement and Removal Procedure

3.4 Registration of persons who are not victims of the prisoner's current offences

Applications from persons applying to register under s320(2)(a)(iv) and s320(2)(b) CSA 2006 must be accompanied by documentary evidence that supports the applicant's request for inclusion on the register.

  1. Documentary evidence that may be used to support the application may include but not be limited to:a Domestic Violence order currently in force which lists the applicant as an aggrieved party;
  2. a Domestic Violence order that has lapsed which lists the applicant as an aggrieved party;
  3. correspondence from the Queensland Police Service or another government agency communicating concerns for the applicants safety;
  4. correspondence from QCS Intelligence Group (QCSIG) officers communicating concerns for the applicants safety;
  5. a statutory declaration from the applicant or another person with sufficient knowledge of the alleged threats or violence, witnessed by a person listed under Oaths Act 1867 s13;
  6. court documents that identify the applicant as a witness for the prosecution in a trial that resulted in the conviction of the prisoner; or
  7. any other evidence that validates the applicant's request including documentation from a DV Support group or other appropriate agency

It is the responsibility of the applicant to source and provide the documentary evidence to support their application.

4. Assessment

All applications will be subject to an environmental scan of the Integrated Offender Management System (IOMS). The scan will include but not be limited to:

  1. prisoner visits history;
  2. home assessments;
  3. prisoner Next of Kin details;
  4. intelligence information from QCSIG and Corrective Services Investigation Unit (CSIU), (where necessary); and
  5. applicant’s history with QCS.

5. Approval

With the exception of applicants who are prisoners, registrations that fall within s320 (2)(a) of theCSA 2006and have all appropriate documentation and signatures, name or mark may be assessed by the delegated officer.

A senior delegated officer responsible for the management of the QCS Victims Register will consider and determine all applications for registration from prisoners and those applications to register that fall under s320(2)(b)(iv) of the CSA 2006.

Applications to register will be determined within five business days following receipt of all required documentation.

In accordance with s324A of the CSA 2006 the Chief Executive must release certain information about any prisoner under its supervision to a person registered with the QCS Victims Register or their nominee.

In accordance with s325 of the CSA 2006 the Chief Executive may release certain information about any prisoner under its supervision, to the extent that the Chief Executive considers appropriate, to a person registered with the QCS Victims Register or their nominee.

Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 and Victims of Crime Assistance Act 2009 Schedule 1AA.

Refer section 3.1 Initial correspondence of the QCS Victims Register Release of Information Procedure.

The applicant must be notified in writing of the outcome of the application.

Refer section 3.1 Initial correspondence of the QCS Victims Register Release of Information Procedure.

The details of all approved applicants must be recorded on IOMS and the Victims Register flag activated on IOMS.

A hard copy file is to be created using an authorised Government file for each approved application and it must be registered on the approved Government file management system. Victims Register – File Audit Process form to be completed and attached to each hardcopy file. An electronic copy of the application will be attached to the registered party’s profile in IOMS.

A case note will be entered in IOMS detailing the nature and specific details of supporting documents including the registered numbers of the document and the details of the verifying or other officer.  Copies of the supporting documents will not be retained on either hard copy file or IOMS.

Only a senior delegated officer can refuse an application to register with the QCS Victims Register.

Recordkeeping is administered in accordance with DJAG Recordkeeping Policy.

6. Refusing an application to register with the QCS Victims Register

A review of IOMS records will be conducted prior to approval to establish if:

  1. registering the applicant results in a conflict of interest; or
  2. places a person or correctional centre at risk.

Examples of where it may be considered appropriate to refuse an application for registration may include but not be limited to:-

  1. insufficient evidence provided to establish victim status or relationship to victim;
  2. the applicant is a current prisoner in custody;
  3. where releasing the information may endanger the security of any corrective services facility, or the safety or welfare of other person;
  4. where the applicant is demonstrated to be in contact with the prisoner of concern e.g. visiting them in custody, residing with them or willing to be their sponsor when they are released from custody; or
  5. where it may not be in the best interests of a child victim particularly if the child is in care. In these circumstances, consultation must take place with the child protection chief executive. s323(4) CSA 2006.

Where there is an intention to refuse a registration, the applicant will be advised in writing of the senior delegated officer’s intention to refuse and where applicable provide reasons.

The applicant is to be afforded 21 calendar days from the date of receipt to respond to the intention to refuse the application.  Any further submissions received from the applicant are to be considered by a senior delegated officer.

The applicant will be notified in writing of the senior delegated officer’s decision to refuse the application.

An application refusal does not include those instances where s320(1)(2) of the CSA 2006 are not satisfied.  In such instances a delegated officer will contact the applicant to advise of the criteria to register.

An application that has been refused or not progressed will be recorded on an approved Government electronic file management system.

7. Removal of a person's details from the QCS Victims Register

To ensure compliance with the process when removing a person’s details from the Victims Register IOMS section, an officer from the QCS Victims Register will complete a QCS Victims Register – Completion Registration Checklist form and, if appropriate, deactivate the VR flag.

A second officer from the QCS Victims Register will review the registration completion and both officers will sign and date the Checklist form.

The reason for removing a person’s details from the QCS Victims Register will be documented as a case note in the eligible persons IOMS profile.

7.1 Removal following completion of a prisoner's sentence

The registration will be completed, the VR flag deactivated on IOMS and the hard copy file archived when the prisoner of concern:

  1. reaches their custodial end date and is discharged from QCS supervision;
  2. has completed the operational period of a suspended sentence;
  3. is discharged from a supervision or continuing detention order under the Dangerous Prisoners (Sexual Offenders) Act 2003;
  4. dies whilst subject to QCS supervision;
  5. is transferred to another jurisdiction;
  6. has their conviction set aside in its entirety on appeal; or
  7. remanded in custody or discharged to bail.

The eligible person must be advised in writing of the completion and that no further correspondence will be sent from the QCS Victims Register regarding the prisoner of interest.

If there are multiple prisoners of interest against the registered party the registration is to remain active.

If following notification of an unplanned incident in relation to a prisoner’s release it is established that an eligible person’s registration has been incorrectly completed, the eligible person is to be advised and the registration reactivated.

Refer section 4 of the QCS Victims Register – Release of Information

Refer section 5 of the QCS Victims Register – Placement and Removal of Applicants

s324A and s325 of the CSA 2006

7.2 Removal of a person's details from the QCS Victims Register at their request

An eligible person or a person acting on their behalf may apply to have their registration completed. All requests for completion must be in writing. The eligible person should be informed in writing that their registration has been completed and that no further correspondence will be sent from the QCS Victims Register regarding the prisoner of interest.

The hard copy file will be archived and the IOMS file marked as complete.  If there are no other registrations related to the prisoner, the VR flag will be deactivated on IOMS.

7.3 Removal of a person's details from the QCS Victims Register for safety and security reasons

A person's registration may be completed where it is established that their continued registration may endanger the security of a corrective services facility, the safe custody or welfare of a prisoner or the safe custody or welfare of someone else.

Circumstances where this may occur include but are not limited to:

  1. persons registered with the QCS Victims Register being convicted of an offence and sentenced to a term of imprisonment; or
  2. an eligible person has publicly disclosed prisoner information provided to them by the QCS Victims Register (this does not include incidences where information has been released to a third party as a result of circumstances that relate to an eligible person seeking support and assistance);
  3. where an eligible person has voluntary contact with the prisoner they are registered against: or
  4. the actual victim removes consent from the eligible person or nominee.

The senior delegated officer will determine if the eligible person will remain on the QCS Victims Register in accordance with s324(2)(a) and (b) CSA2006.

The removal of a person from the QCS Victims Register will not occur in instances where there is approved mediation and/or where there is a direction from the Court.

The eligible person will be formally notified in writing that their registration may be completed and is to be afforded 21 calendar days from date of receipt to respond to the intention to remove them from the QCS Victims Register.

Any further submissions received from the applicant in response to the letter of intention to remove are to be considered by the senior delegated officer.

At the completion of the 21 day timeframe or following receipt of further submissions, the matter will be determined by the senior delegated officer.

The eligible person is to be formally notified that their registration will be completed and no that further correspondence will be forwarded from the QCS Victims Register regarding the prisoner of interest.

In instances where the party is an eligible person's nominee or agent, the eligible person, where practicable should be given the opportunity to either change their nominee or revert to receiving the information themselves.

The delegated officer will prepare a briefing note for the senior delegated officer recommending the intention to remove a person from the QCS Victims Register.

A further briefing note recommending final determination will also to be prepared for the senior delegated officer.

Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006

Refer section 7 of the QCS Victims Register – Placement and Removal Procedure

S324 of the CSA 2006

7.4 Removal of a person's details from the QCS Victims Register where they cannot be contacted

Where an eligible person cannot be contacted by the QCS Victims Register either by mail, email or telephone despite reasonable efforts, the delegated officer will suspend the eligible person's registration for a period of six months.

All attempts to contact an eligible person will be recorded in IOMS.

If the eligible person contacts the QCS Victims Register within the suspended period and provides updated details, the registration can be reactivated.

Where mail was sent to a nominee and subsequently returned and no other contact can be made, the eligible person, where practicable should be notified. The eligible person will be offered the opportunity to provide another nominee or nominate to receive the information.

If no contact is made within six months, the delegated officer will complete the eligible person's registration. The VR flag deactivated on IOMS and the hard copy file archived.

Reasons for the completion are to be case noted in the eligible persons IOMS profile.

If the eligible person is registered against multiple prisoners, each file is to be completed on IOMS and the hard copy file archived.

If the eligible person re-establishes contact with the unit following the deactivation of the registration, they will be required to submit a further application for each prisoner to re-register with the QCS Victims Register.

8. Archiving of records

The deactivation of an eligible person’s registration on IOMS is to be completed and recorded on Victims Register- Completion Registration Checklist.

The eligible person's hard copy file is to be archived in accordance with the relevant procedure.

Recordkeeping is administered in accordance with DJAG Recordkeeping Policy.

Kerrith McDermott
Acting Commissioner

Last reviewed
17 October 2017
Last updated
17 October 2017

Rate this page

  1. How useful was the information on this page?
 
Close window

Send this page to a friend