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 the Sexual Violence Review Board to examine systemic problems in how sexual offences are reported, investigated and prosecuted. The bill transfers the Charter of Victims' Rights from the Victims of Crime Assistance Act 2009 and gives the Commissioner power to handle complaints when victims' rights are breached.
Who it affects
Victims of crime, particularly victims of sexual violence and domestic and family violence, gain an independent advocate and formal complaint pathway. Government agencies, police and victim support organisations face new accountability requirements under the Charter.
Key changes
- Creates the Victims' Commissioner, an independent statutory officer appointed for up to five years, to advocate for victims' rights, review systemic issues, conduct research, and advise the government
- Establishes the Sexual Violence Review Board, a nine-member independent body chaired by the Commissioner, to review how sexual offences are reported, investigated and prosecuted
- Gives victims a formal complaint process when government or non-government entities breach the Charter of Victims' Rights, with the Commissioner able to investigate and make recommendations
- Transfers the Charter of Victims' Rights into this new Act, preserving existing rights including being treated with courtesy and respect, being kept informed about case progress, and being protected from contact with the accused in court
- Requires government entities to report annually on complaints received about breaches of the Charter, and the Commissioner and Board must each table annual reports in Parliament
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
Referenced Entities
Legislation
Organisations
Sectors Affected
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