Victims of Crime Assistance and Other Legislation Amendment Bill 2023

Introduced: 10/10/2023By: Hon M Ryan MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill increases the financial assistance available to victims of violent crime in Queensland, with the maximum payment for primary victims rising from $75,000 to $120,000. It recognises the seriousness of domestic and family violence by boosting the special assistance payment for those victim-survivors from $1,000 to $9,000. These are the first increases to most victim assistance caps since 2009.

Who it affects

Victims of violent crime and their families will receive greater financial support. Domestic and family violence survivors see the largest proportional increase, with their special assistance payment rising ninefold.

Key changes

  • Maximum financial assistance for primary victims of violent crime increased from $75,000 to $120,000
  • Domestic and family violence recategorised from Category D to Category B, increasing special assistance from $1,000 to $9,000
  • Special assistance payments increased across all categories: Category A to $15,000, B to $9,000, C to $6,000, D to $3,000
  • Secondary and related victim caps raised from $50,000 to $75,000; funeral expenses from $8,000 to $15,000
  • Queensland Sentencing Advisory Council expanded from 12 to 14 members, with at least one having lived experience as a crime victim

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced10 Oct 2023View Hansard
First Reading10 Oct 2023View Hansard
Committee10 Oct 2023View Hansard

Referred to Legal Affairs and Safety Committee

Committee Findings
Recommended passage

The Community Support and Services Committee examined the Victims of Crime Assistance and Other Legislation Amendment Bill 2023 and recommended it be passed. The committee found the bill's increases to financial assistance payments for victims of crime were warranted, noting that payment amounts had not been raised since 2009 despite inflation. The committee also encouraged the government to explore alternative delivery models for financial assistance and counselling for vulnerable victims, and sought clarification on whether the KPMG review of the Financial Assistance Scheme would consider indexing payment limits to inflation.

Key findings (5)
  • Financial assistance payment limits for victims of crime had not been increased since the Victims of Crime Assistance Act commenced in 2009, except for funeral expenses.
  • The bill re-categorises domestic violence from category D to category B, increasing special assistance payments from $1,000 to $9,000 to better recognise the serious impact of domestic and family violence.
  • Stakeholders including Knowmore and the Queensland Indigenous Family Violence Legal Service called for payment amounts to be indexed annually to reflect inflation and cost of living.
  • The Department of Justice and Attorney-General engaged KPMG to conduct a comprehensive review of the Financial Assistance Scheme, including whether alternative models could better serve victims.
  • The committee raised concerns about ensuring vulnerable victims, including young people, are appropriately supported in accessing financial assistance and counselling.
Recommendations (3)
  • The committee recommends the Victims of Crime Assistance and Other Legislation Amendment Bill 2023 be passed.
  • The committee encourages the Department of Justice and Attorney-General to explore alternative models of delivery of financial assistance and the provision of counselling so that vulnerable victims of crime, including young people, may be appropriately supported in the receipt of financial assistance.
  • The committee recommends the Attorney-General and Minister for Justice clarify whether the KPMG review will consider the legislative framework for the Financial Assistance Scheme, including establishing by regulation an annual adjustment of financial assistance limits to reflect inflation and current cost of living expenses.
AI-generated summary — may contain errors
Committee Report24 Nov 2023

Committee report tabled

Second Reading29 Nov 2023View Hansard
25 members spoke22 support2 oppose1 mixed
5.30 pmMr NICHOLLSSupports

Introduced and championed the private member's bill to restore the CCC's reporting powers on corruption investigations, arguing the government's failure to act is a protection racket and leaves Queenslanders in the dark.

A failure to act will condemn the Miles Labor government as the party of secrecy and cover-ups in this state. It is in the interests of all Queenslanders that this bill passes and takes effect without delay.2024-08-20View Hansard
12.05 pmMr WEIRSupports

Supported the bill's increases to financial assistance for victims and outlined the recategorisation of domestic violence acts from category D to category B. Criticised the government's record on crime while confirming LNP support.

The LNP will be supporting this bill as victims of crime need to be supported and are crying out for help, but what we really need is a government that will tackle this crime crisis head on.2023-11-30View Hansard
5.42 pmHon. YM D'ATHOpposes

Opposed the private member's bill as reckless and lacking proper safeguards, arguing it fails to implement the Holmes review recommendations and would give the CCC unlimited reporting powers without appropriate checks and balances.

It is simple, but it is reckless and being so simple makes it flawed and open to challenge.2024-08-20View Hansard
12.10 pmMrs McMAHONSupports

Spoke as a former police officer and victim of crime herself, supporting the bill's increases to victim assistance. Criticised opposition members for using the debate to electioneer rather than genuinely support victims.

Victims of crime deserve a voice. They deserve to be heard. They do not deserve to be puppets. They do not deserve to be wheeled out, to be retraumatised, so someone can make a political point.2023-11-30View Hansard
5.51 pmMr RUSSOOpposes

Supported the committee's recommendation that the bill not be passed, citing five main issues including lack of safeguards, no prohibition on prejudicing investigations, failure to survey contemporary anti-corruption practice, and breaches of fundamental legislative principles.

This private member's bill is not as straightforward as the member for Clayfield would like us all to believe.2024-08-20View Hansard
12.21 pmMr MOLHOEKSupports

Supported the bill, sharing personal experience as a crime victim and his involvement with the youth justice restorative program. Praised the appointment of Jon Rouse as Interim Victims' Commissioner and advocated for better support for vulnerable young people.

I am pleased that one of the recommendations is the appointment to the board of someone with lived experience. I think that is an important step forward.2023-11-30View Hansard
6.01 pmMr BLEIJIESupports

Strongly supported the bill, arguing the only reason Labor opposes it is to hide the CCC investigation report into Jackie Trad's involvement in the appointment of the under treasurer, describing it as a protection racket.

The LNP want it. The CCC want it. The Queensland public want it. Democracy calls for it, but the Labor Party will not allow it.2024-08-20View Hansard
12.31 pmMr KELLYSupports

Drawing on his nursing experience and local community organisations supporting victims, argued the bill's financial assistance provisions would help victims left destitute by crime, particularly women affected by domestic and sexual violence.

One of the key things I have learned from this is how often women who are victims of sexual or domestic violence are left financially destitute. The provisions in this bill will definitely provide further assistance to the women supported by Zig Zag.2023-11-30View Hansard
6.10 pmMr JANETZKISupports

Supported the bill and criticised the government for delay, arguing the bill is necessary to restore the CCC's reporting powers and that the government's resistance is about protecting political allies.

It is now well over a year since the High Court handed down its decision in the Crime and Corruption Commission v Carne. During that time the CCC has not been able to publicly report on its corruption investigations.2024-08-20View Hansard
12.38 pmMr KRAUSEMixed

Supported the bill's payment increases and appointment of an Interim Victims' Commissioner but criticised it as a missed opportunity, arguing the victims of crime inquiry was cut too short and the bill should have done much more.

This bill, as good as it is, does not do that. I will leave my contribution there.2023-11-30View Hansard
6.16 pmMr BERKMANSupports

Supported the bill, arguing the CCC must be able to publicly report on investigations and that the government's delay in fixing the legislative gap is unjustifiable, while acknowledging some improvements could be made.

I think there should be legislation passed as a matter of urgency to confirm the reporting powers of the CCC.2024-08-20View Hansard
12.41 pmMrs GILBERTSupports

Supported the bill's objective of increasing financial assistance for victims and discussed youth crime prevention programs in Mackay, though was repeatedly called to order for straying from the bill's subject matter.

Every crime is one too many. Unfortunately, we have people in our communities who do not respect those around them and they commit violent crimes of both assault and robbery. As a society we must look after the victims of crime and help them to put their lives back together.2023-11-30View Hansard
6.22 pmMr KNUTHSupports

Supported the bill, arguing the CCC should be allowed to publicly report on corruption investigations and that the government's reluctance to pass the bill raises serious concerns about transparency.

For the government to not support this bill raises a lot of red flags.2024-08-20View Hansard
4.01 pmMr O’CONNORSupports

Strongly supported the increase in financial assistance payments, acknowledging the work of Bravehearts in his electorate, while calling the bill a step in the right direction but with more work needed.

This increase is something I strongly support.2023-11-30View Hansard
12.52 pmMr O'CONNORSupports

Read out stories from constituents who were victims of crime, highlighted the work of the Jack Beasley Foundation against knife crime, and supported the bill's addition of a victim representative to the Queensland Sentencing Advisory Council.

In terms of the bill before us, in June this year we called on the government to add a victim to the Queensland Sentencing Advisory Council. We were derided at the time, but now the government has seen some sense and taken this step, so once again the Liberal National Party is governing from opposition.2023-11-30View Hansard
4.02 pmHon. DE FARMERSupports

As Minister for Youth Justice, supported the bill reflecting the government's commitment to victims, highlighting the significant inquiries that led to the reforms and the Independent Commission of Inquiry into the forensic lab.

I rise today to support the Victims of Crime Assistance and Other Legislation Amendment Bill 2023, which reflects our government's ongoing commitment to listening to the voices of victims.2023-11-30View Hansard
4.08 pmMs CAMMSupports

Focused on the DNA lab failures and the need for a full commission of inquiry, supporting the bill's recategorisation of domestic violence for special assistance payments while criticising the government's handling of the forensic science crisis.

Had it not been for this side of the House, there would not have been a commission of inquiry into the DNA lab.2023-11-30View Hansard
4.14 pmMs PUGHSupports

Shared the story of a rape victim in her community to illustrate the importance of increased financial assistance, and praised the committee's work on the bill.

I believe that this is a fine bill that is going to have strong support in my community.2023-11-30View Hansard
4.19 pmMr WATTSSupports

Supported the bill's financial assistance for victims while emphasising the need for a DNA commission of inquiry, and criticised the government for rising crime rates and inadequate victim support.

We support the victims of crime getting this assistance and this help.2023-11-30View Hansard
4.30 pmMr WALKERSupports

Drew on 23 years of experience in corrective services and youth detention to support the bill, emphasising the need to both support victims and address root causes of offending.

I rise to speak in support of the Victims of Crime Assistance and Other Legislation Amendment Bill 2023.2023-11-30View Hansard
4.39 pmMr KATTERSupports

Supported the increase in victim compensation while arguing the bill is putting the ambulance at the bottom of the cliff, advocating for the KAP's remote sentencing proposal as a real solution to crime.

Of course you cannot argue against the bill. We want to compensate victims, especially victims of violent crime. However, this feels like we are putting the ambulance at the bottom of the cliff.2023-11-30View Hansard
4.44 pmMr DAMETTOSupports

Supported the bill's increased payments for victims while arguing it does not go far enough, particularly in addressing property crime victims and small business impacts in North Queensland.

These kids need to be held to account and victims need to be compensated. I commend the bill to the House.2023-11-30View Hansard
4.51 pmMs SIMPSONSupports

Welcomed the increased compensation but focused heavily on the forensic lab DNA testing failures, calling for a full commission of inquiry to address potentially over 100,000 samples needing retesting.

While I welcome the increasing amounts of compensation and reimbursement in this bill for victims of crime, we want to see fewer victims.2023-11-30View Hansard
4.55 pmMr KNUTHSupports

Briefly supported the bill's focus on victims while arguing it does not go far enough, citing the ongoing car theft and crime crisis in Cairns and North Queensland.

One good thing in this bill is that at least it is supporting victims. It does not go far enough.2023-11-30View Hansard
4.56 pmHon. YM D’ATHSupports

In reply as Attorney-General, defended the bill's increases to financial assistance for victims, the recategorisation of domestic violence, the addition of victim representation on the Sentencing Advisory Council, and the urgency of the DNA sample retention amendments.

We hear the voices of victim-survivors, and we will continue to listen and be guided by their experiences to help shape future reforms.2023-11-30View Hansard
In Detail30 Nov 2023View Hansard
Third Reading30 Nov 2023View Hansard
Royal Assent — Act 34 of 20234 Dec 2023

Sectors Affected

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