Victim rights and complaints

Victim rights

If a person is a victim of a violent crime they have certain rights concerning their treatment by Queensland Government agencies that can provide services to them as a victim.

The Fundamental Principles of Justice explain the treatment victims have the right to receive from a government agency. They are based on the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

A victim’s right to complain

If a victim feels they have been treated wrongly or unfairly by a Queensland Government officer, they have the right to complain to the government agency responsible for the conduct of the officer. To ensure it is easy for victims to make a complaint, a complaints mechanism is now in place under the Victims of Crime Assistance Act 2009.

This means all government agencies, to which the Justice Principles apply, must have guidelines and processes in place for dealing efficiently and effectively with complaints from victims. Victim Assist Queensland also has a process in place to ensure government agencies resolve complaints by victims.

The Fundamental Principles of Justice

The Victims of Crime Assistance Act 2009 (Chapter 2) sets out the Fundamental Principles of Justice which victims of crime can expect relevant government entities to comply with.

As a guide, the following is a summarised version of the Fundamental Principles of Justice:

• Fair and dignified treatment
  The victim must be treated fairly and shown dignity, respect, compassion and courtesy. The government entity must take in to account and be responsive to the particular needs of the victim relating to the victim’s age, sex, race, cultural identity, impairment, sexuality or religion.
• Privacy of victim
  A victim’s personal information, including their address and phone number, must not be disclosed to any unauthorised persons.
• Information about services
  The victim must be given timely information on relevant services available to them, including welfare, health, counselling, legal help and financial assistance.
• Information about investigation of offender
  If the victim asks, they should be given information about the investigation of the offender where possible. Information given to a victim may include the progress of the investigation or the name of the person charged.
• Information about prosecution of the offender
  If asked by the victim the prosecuting agency is to give the victim details about the crime committed against them including when the victim may attend a court proceeding, notice of a decision to change a charge, or notice of the outcome of a court proceeding.
• Victim to be advised on their role as a witness
  A victim who is to be a witness for the prosecution in the trial for the crime committed against them, is to be informed by the prosecuting agency about the trial process and their role as a witness.
• Minimal exposure to and contact with the offender
  As much as possible, relevant agencies present at court are to ensure the victim has minimal contact with or exposure to the offender during court proceedings or in the court building.
• Victim Impact Statements
  During sentencing of the offender the victim has the right to give details of the impact and harm caused to the victim by the offence to the prosecutor as an impact statement. Find out more information about completing a victim impact statement.
• Information about the convicted offender
  If an offender is convicted and imprisoned and the victim asks for information about the convicted offender they should be given notice of it. This includes information on the sentence, an escape from custody or day of release.

Making a complaint if you believe justice principles are breached

If a victim of crime feels a government agency, person or persons within the agency have engaged in conduct that is not consistent with the Fundamental Principles of Justice, they have the right to make a complaint. The following is a guide for victims who want to make a complaint:

• The victim should first complain to the government agency responsible for the person’s conduct. It is recommended the victim writes to or telephones the relevant agency with their complaint as soon as possible after the event or sequence of events.
• Alternatively the victim can make the complaint to Victim Assist Queensland and it will be referred to the relevant government entity on their behalf. The complaint can be lodged by email or by calling 1300 546587, or by using the complaints form.
• The government agency will then attempt to resolve the complaint as quickly as possible. They will inform the victim how the complaint was resolved or the outcome of any investigation in to the complaint.
• If a victim is not content with the response to their complaint from the government agency, or they do not respond within 30 days, the victim should contact Victim Assist Queensland.

If a complaint is referred to Victim Assist Queensland, the victim will be informed in writing by Victim Assist Queensland of the outcome of their investigation in to the complaint.

All complaints are dealt with in a confidential manner.

Government agency contacts for victim complaints

A list of government agency contacts responsible for ensuring their agencies are aware of their responsibilities and comply with the Fundamental Principles of Justice has been developed. This contact list can be used by victims if they need to make a complaint about a breach of a justice principle. Please telephone Victims LinkUp on 1300 546 587 or email victimslinkup@justice.qld.gov.au if you require contact details of a Queensland government agency for this purpose.