Information for Victims of Crime

You are a victim of crime if you have:

• suffered harm during the course of an offence;
• as a result of an offence;
• or suffered harm as a result of witnessing an offence.

Under the Victims of Crime Act 1994 (ACT) you are referred to as a ‘primary victim’.

You are also a victim of crime if:

• you are a family member of the primary victim and suffer harm because of the harm caused to the primary victim;
• you are financially or psychologically dependent on the primary victim and suffer harm because of the harm caused to the primary victim; or
• you are the guardian for a child or legally incompetent person who has been harmed because of an offence.

You are not a victim of crime if you suffer harm because of an offence you have committed or were alleged to have committed.

Harm can be defined as one or more of the following:

• Physical injury;
• Mental injury or emotional suffering (including grief);
• Pregnancy as a result of sexual assault;
• Economic loss;
• Substantial impairment of a person’s legal rights.

The Australian Federal Police (AFP) work with victims within the framework of the Victims of Crime Act 1994 (ACT). 

The objects of this Act are to:

• acknowledge the central role of victims in the criminal justice process; and
• contribute to upholding the safety, privacy and dignity of people adversely affected by crime; and
• help victims deal with the effects of criminal offences; and
• acknowledge, promote and uphold the rights and interests of victims in the administration of justice; and
• recognise and establish appropriate ways for agencies involved in the administration of justice to engage with victims in order to minimise adverse outcomes and prevent trauma for victims; and
• establish requirements for monitoring and reviewing victims’ rights.

The ACT Victims’ Register records the names and contact details of victims of crime who have asked to be registered in order to receive information about an adult offender who is subject to a custody or community order. Information held on the ACT Victims Register is confidential and will not be released to others without the consent of a registered victim.

If you are a registered victim of a defendant who is serving a term of imprisonment, you may be informed by ACT Corrective Services of information such as the following:

• the length of the sentence, the defendant’s parole eligibility date and earliest release date;
• any change in the defendant’s security classification which may result in the defendant being eligible for unsupervised external leave; or
• the correctional centre where the defendant is detained and any transfer of the defendant to another correctional centre.

ACT Corrective Services maintains the ACT Victims Register. The operation of the ACT Victims' Register is governed by the Crimes (Sentence Administration) Act 2005 (ACT).
Police are not obligated to provide information about the Victims' Register to you, and they are not able to provide updates to you regarding parole or any of the other above information.

Police must engage with you in a respectful manner and have regard to your personal situation, concerns, rights and dignity.  Police must consider your needs, including your age, disability, gender identity, race, religion, sex, sexuality and parental, family, carer or kinship responsibilities.

If you are a child and you are a victim of crime, or you are the parent/primary carer of a child who is a victim of crime, police must consider a child’s views, wishes and circumstances prior to communicating with the parents or primary carers of the child.

As a victim of crime, you may nominate in writing a person to be your representative to:

• exercise some or all of your rights on your behalf;
• receive some or all of the information required to be given to you as a victim;
• make a complaint to the police, raise a victims' rights concern or make a victims' rights complaint.

Police must not disclose your personal information or a family members’ information unless the information is disclosed:

• during a Court matter;
• under a law; and/or
• with your consent.

Personal information about a person includes:

• a person’s home address and contact details;
• any employment details;
• the name of the school, college or other educational institution in the ACT that the person is attending, if a student.

If you are concerned and need protection from violence or harassment from a defendant, a defence witness or family member of the defendant or any person supporting the defendant, you must tell the prosecutor or Court staff of your concerns Where practicable, the Court or ACT DPP will minimise your exposure to the accused and other parties while in the Court or tribunal building.  This could include giving evidence through an audio visual link, the use of screens or taking other relevant measures to help you feel safe.

Police must consider your concerns, as a victim of crime, in relation to a defendant being bailed. If you have any concerns for your safety and feel that you need protection from the defendant, you should advise police.

If you are the victim of a violent crime or are a related victim to a primary victim who dies as a result of their injury, you may be eligible for Victim Support ACT's Financial Assistance Scheme.

Compensation can be claimed within the brief of evidence that the police prepare for the ACT DPP and the Court. You should inform the investigating officer if you wish for this to happen. Applications for financial assistance are made to Victim Support ACT. The Victims of Crime Commissioner is the decision maker for applications in accordance with the Victims of Crime (Financial Assistance) Act 2016 (ACT). You may request support to make an application from Victim Support ACT.

For more information visit the Financial Assistance Scheme webpage on the Victim Support ACT website.