Victims' Commissioner and Sexual Violence Review Board Bill 2024
Plain English Summary
Overview
This bill establishes a Victims' Commissioner as an independent statutory officer to promote and protect the rights of victims of crime in Queensland. It also creates a Sexual Violence Review Board to identify and address systemic issues in how sexual offences are reported, investigated and prosecuted. The bill was recommended by the Women's Safety and Justice Taskforce and the Independent Commission of Inquiry into Queensland Police Service responses to domestic and family violence.
Who it affects
Victims of crime, particularly survivors of sexual violence and domestic and family violence, gain an independent advocate and a formal complaints process. Government agencies, police and victim support services must comply with new accountability and reporting requirements.
Key changes
- Creates an independent Victims' Commissioner appointed for up to five years, with power to investigate systemic issues, handle complaints, conduct research and make recommendations to government
- Transfers the Charter of Victims' Rights into a standalone Act, giving victims clearer rights to information and respectful treatment throughout the criminal justice process
- Establishes a nine-member Sexual Violence Review Board to review systemic problems in the reporting, investigation and prosecution of sexual offences
- Gives the Commissioner and Board strong powers to access confidential information from government agencies, with penalties of up to 200 penalty units for unauthorised disclosure
- Requires government entities to report on charter complaints in their annual reports and respond to recommendations from both the Commissioner and the Board
Bill Journey
▸Committee6 Mar 2024View Hansard
Referred to Community Safety and Legal Affairs Committee
The Community Safety and Legal Affairs Committee examined the Victims' Commissioner and Sexual Violence Review Board Bill 2024, which establishes a Victims' Commissioner and a Sexual Violence Review Board. The committee recommended the bill be passed, while also recommending that the government consider whether the complaints mechanism adequately supports children who lack an advocate or willing adult to make a complaint on their behalf. The Queensland Government supported both recommendations.
Key findings (4)
- The bill partially implements recommendations from the Women's Safety and Justice Taskforce by establishing a Victims' Commissioner and Sexual Violence Review Board.
- Stakeholders raised concerns about whether children without an advocate or willing adult could effectively access the complaints mechanism.
- DVConnect and Multicultural Australia called for a legislative review process to ensure the Victims' Commissioner and Board are performing their functions effectively and supporting vulnerable groups.
- The Department of Justice and Attorney-General advised that the Independent Implementation Supervisor, appointed in March 2023, was already overseeing implementation of the Taskforce recommendations, making a further legislative review unnecessary.
Recommendations (2)
- The committee recommends the Victims' Commissioner and Sexual Violence Review Board Bill 2024 be passed.
- The committee recommends that consideration be given to whether the complaints mechanism in the Bill is sufficient in relation to the ability of children to make a complaint where they lack an advocate or willing adult to make a complaint on their behalf.
Committee report tabled
Assent date: 9 May 2024