The Commissioner for Victims' Rights is an independent statutory officer with responsibilities under the Victims of Crime Act 2001.

The Commissioner helps victims of crime in South Australia in their dealings with the criminal justice system, and ensures victims are treated fairly and respectfully with their rights acknowledged and observed by public agencies and officials.

The Commissioner provides information, advice and support to South Australians who are harmed, and their families and friends, to deal with the physical, emotional and financial impacts of crime.

The Commissioner also participates in certain criminal proceedings and consults on victims' grievances.

The Commissioner monitors laws and policy for the safety, fairness and justice for victims of crime in South Australia and leads the Victims of Crime South Australia (VOCSA) office.

Victims in South Australia are treated fairly and respectfully with their rights acknowledged and observed by public agencies and officials.

VOCSA services are responsive, inclusive and collaborative.

Our functions, objectives and deliverables are:

• to give statutory recognition to victims of crime and the harm that they suffer from criminal offending
• to establish principles governing how victims of crime are to be treated by public agencies and officials
• to help victims of crime recover from the effects of criminal offending and to advance their welfare in other ways
• to marshal available government resources so they can be applied for the benefit of victims in the most efficient and effective way
• to assist victims in their dealings with prosecution authorities and other government agencies
• to monitor and review the effect of the law and of court practices and procedures on victims
• to carry out any other functions assigned to the Commissioner under the Victims of Crime Act 2001 or under any other Act.

The Commissioner attended the National Victims of Crime Working Group (NVOCWG) led by the Western Australian Commissioner via Teams. The Assistant Commiser went in person to Perth.

South Australia held their second Victims’ Day on September 16, 2022.  We were able to hold a small morning tea function, respecting COVID-19 restrictions, where the Attorney-General spoke to victims and agencies who work to assist victims.

The working group also discusses relevant legislative amendments, innovations and processes impacting on victims. The Commissioner provided information to the group on legal funding and community impact statements, as other states and territories are interested in these reforms.

The Commissioner for Victims’ Rights Consultative Committee (CVRCC) was formed in February 2019 to invigorate and enhance innovative ways of delivering meaningful services for victims.

Meetings are held every 6 weeks but, due to COVID-19 restrictions, meetings have either been deferred or held online. The CVRCC members include victims with lived experience, victim support group representatives and government and non-government agencies.

This year the CVRCC was not as active as other years, due to the capacity to undertake some work. The committee met and discussed topics, but all work was undertaken by VOCSA and the Commissioner, limiting what could be done. With more adequate resourcing, greater work could be undertaken to identify and lobby for systemic changes.

Some of the topics discussed by the CVRCC include assistance with victim impact statements, changes required in relation to victim impact statements, victims’ day, assisting vulnerable victims to make parole submissions, communication partners and discussion and updates on legislation that formed the basis for submissions by the Commissioner on behalf of victims.

The Commissioner has collaborated and liaised with many agencies, groups and committees in 2021-22, including:

• Adelaide University
• AGD - Policy and Community, Legal and Legislative Services, Projects and Technology
• Australian Federal Police
• Carly Ryan Foundation
• Child Protection Services
• Commissioner for Children and Young People
• Commonwealth Attorney-General
• Courts Administration Authority
• Crown Solicitor Office (civil)
• Department for Corrections - Victim Services Unit
• Flinders University
• Forensic Mental Health
• Homicide Victim Support Group
• Lawyers specialising in compensation
• Media
• National Victims of Crime Working Group
• Office of the Director of Public Prosecutions
• Parole Board
• Politicians
• Relationships Australia SA
• Road Trauma Support Team
• South Australian Law Reform Institute
• South Australia Police
• Statutory authorities
• Victim Support Service
• Witness Assistance Scheme - DPP
• Women's Domestic Violence Court Assistance Service
• Women's Safety Service SA
• Youth Court Stakeholders
• Youth Justice
• Youth and Women's Safety and Wellbeing Division - Women's and Children's Health Network.

The role of an independent Communication Partner (known as an intermediary across Australia) is to assist vulnerable witnesses, including children, who may not have the language to describe what happened to them, or even if they can do this, they struggle to disclose this to strangers.

This can often lead to assumptions by those in the criminal justice system, that further investigation is not possible, and charges cannot be laid in court. Assumptions are made that a prosecution cannot go ahead because there would be no reasonable prospect of conviction, and offenders are not held to account.

Access to justice for our most vulnerable people is compromised, as often the victim is the only person who can give the account of what happened. The criminal justice system should give all victims, including disabled and vulnerable people, the same access to justice by supporting them and providing the best opportunity to give their account.

There is no barrier to using a communication partner in South Australia. The first funded scheme in 2015 was a voluntary scheme, but this was changed to a professionalised scheme in 2020.

The issue is that no funding, nor coordination, nor oversight has been provided to the criminal justice sector, unlike other states where there are successful programs. This has led to agencies being unable to use the scheme and victims not being afforded the same opportunities. Other state’s data demonstrate the need for the scheme to be properly implemented in South Australia, showing the benefits to victims but also the court process.

The recommendation was to fund and trial the scheme with appropriate oversight and coordination, modelled on interstate versions and experience. Most other schemes have also included defendants, as there are often communication issues with defenders.

Despite strong lobbying by many over several years, there is no change to the current ineffective system.

There has been an indication that funding for VOCSA will be examined later in 2023 as to whether there will be a reduction due to funding having been provided to the Victim Support Service (VSS).

A detailed report was provided to the Attorney-General about the efficiencies made to the office since my appointment, the data trends indicating a growth in workload, the lack of resourcing and unintended consequences when legislative requirements are introduced without consideration of staffing impact, and how the office functions in providing different services to all victims across the state, and on occasion, South Australian victims interstate or overseas.

Further details of workload can be found in this annual report.

While case management is currently being implemented, the further efficiencies as a result of this will not be known in the short term. One of the aims of case management is to make further efficiencies to enable staff to undertake more complex and systemic work and to be able to respond to victim issues in a timelier manner.

Section 6B 16C of the Victims of Crime Act 2001 outlines that the Commissioner will have such staff as is necessary for the effective performance of her functions. Payment for the Commissioner’s salary and the salaries of other staff of the Commissioner are paid from the Victims of Crime Fund (S31(a1)) if the staff are designated by the Attorney-General as being staff to whom this provision applies. The Fund has approximately $200 million in it.

VOCSA currently has 6 staff, including the Commissioner. Should the funding decrease and therefore staffing be reduced, services will have to be cut for victims. With appropriate funding there is so much more the office could do to assist victims of crime and meet the Commissioner’s obligations outlined in the Act.

At the time of writing this annual report, it is unclear what the future funding of the office will be, and consequently, what services will continue to be delivered

Suicide is not a crime. VOCSA assists with crime scene clean-ups for murders and other violent crimes. On occasion, there is a request to assist with suicides which has presented difficulties as the Victims of Crime Fund is specifically for crime victims.

For several years, the Commissioner has been advocating for funds to enable clean-up support when required at suicides. No one should suffer the trauma associated with confronting the scene where their loved one died and be required to clean and restore the area. This situation creates additional trauma, distress and a financial burden for families and friends.

This year, SAPOL and the Commissioner jointly met with Nadia Clancy MP, the Premier’s Advocate for Suicide Prevention and Joe Szakacs MP, the Minister for Police, Emergency Services and Correctional Services and are collaborating on a way forward.

A proposal to change the terminology ‘not guilty due to mental incompetence’ has been submitted so that the views of victims are more appropriately reflected, recognising the trauma suffered by them.

It is particularly painful for victims to hear ‘not guilty’ when the person committed the act that resulted in the death of a loved one.

In 2020, NSW changed the terminology they use to better reflect the circumstances – using the finding of ‘act proven but not criminally responsible’.

Words matter and this would more appropriately reflect the situation while acknowledging their trauma.

Concerns were raised by Health professionals working with victims about some of the requirements of the legislation in the Criminal Law (Forensic Procedures) Act 2007. The Commissioner provided a report to the Attorney-General outlining these concerns and requesting some consideration of changes to the Act.

Health Child Protection Services (CPS) provide specialist assessment and treatment services to children from birth to 18 years and their families where there is a suspicion of child abuse, psychological maltreatment and/or neglect.

The Commissioner advocated for existing funding to be provided on a longer cycle so that there could be longer term sustainable service delivery to victims. The Commissioner advocated the same for the funding of a position at the Forensic Mental Health victim register.

Both were agreed.

Relationships Australia South Australia (RASA) currently provide counselling for victims of crime through their Rebuild program. At the time of writing this report, the result of the most recent tender is not announced.

The Commissioner provided information to the Attorney-General on his appointment about the need for greater funding for the counselling service. As when VSS provided the service, there is a wait list to access counselling, which was counterproductive to an early intervention philosophy to reduce trauma and assist victims to recover from the crime.

The funding had been significantly cut in 2020, but more rigorous data collection, demonstrated a clear need for increased funding both in the short term and longer term.

The Commissioner provided a report to the Attorney-General and the Minister for Health with concerns about access to forensic medical examinations in regional areas. Many victim issues cross different service providers, agencies and officials.

The VOCSA website (www.voc.sa.gov.au) provides information for victims on the Declaration of principles governing treatment of victims, as outlined in the Victims of Crime Act 2001. These principles should govern the way victims are dealt with by public agencies and officials.

The criminal justice system can be complex and confusing. The information on the website can help victims understand what to expect, from reporting a crime through to the outcome of the court process and beyond. It also provides advice of where support can be obtained, amongst other information.

Our name change to “Victims of Crime South Australia” (VOCSA) to reflect that the priority is on victims and not the Commissioner has made it easier for victims to find our services and emphasise our commitment to victims.

Our website has enabled greater flexibility, with editable forms able to be accessed – these enabled improvements in access to victim impact statements.

VOCSA publications are used not only by victims, but also by many government and non- government agencies who provide support and services to victims.

Our publications continue to be rewritten and updated to be more concise and accessible. We are consulting with people with lived experience and experts in doing so.

As trends are identified by victim issues, we produce or update our publications. We had previously identified and introduced more appropriate ways to manage our publications so that there is less wastage and they are able to be updated as required. We are currently working on an information booklet relating to those cases involving mental impairment. All our publications can be downloaded from the website and are also available in hardcopy.

The Commissioner has engaged with media and provided opinion and discussed a wide range of victim topics through radio, television and online and print media, raising community awareness of victim issues.

VOCSA is on Twitter with the top three tweets this year being

During my term as Commissioner, I have made a number of changes to the office to ensure that efficiencies were made that benefited victims, as well as staff, but also ensure that proper governance was in place.

Some efficiencies have included:

• Development and implementation of policies and process maps to guide decision making and equitable service delivery for victims – enabling any staff to deal with enquiries
• Development and implementation of policies, processes to manage financial decisions and payments to victims of crime and agencies assisting victims – streamlining service delivery
• Movement of existing funding agreements to AG Policy and Community for more appropriate management with advice on funding from the VOCSA office
• Streamlining and simplifying the production, distribution and availability of publications and information for victims, and making the website clearer and more accessible
• Using technology to enhance processes for victims and victim agencies, including editable PDFs on the website – these enabled others to manage processes without having to contact the office, thereby freeing staff and police workload
• Moving the office from hard copy to digital, so that all victim files can be accessed by all staff to provide updates, rather than relying on the availability of one person
• Using existing software to collect meaningful data to demonstrate our services for annual reporting, funding and other requirements so that other efficiencies such as case management can be implemented
• Producing an annual report that is publicly available for transparency and educating the public of our services and available resources, particularly via the website
• Developing, and obtaining funding for a case management system to further make efficiencies in the office and ensuring victim assistance is provided in a timely manner
• A one SAPOL contact point for obtaining information to confirm victim status and provide information so that appropriate decisions can be made by the Commissioner (e.g., requests for discretionary funding)
• Clarifying roles within the office and development of an intake process and a daily triage meeting to discuss and allocate the workload among staff and decide on discretionary funding for actioning.
• Secondment of staff from Fines Enforcement Unit (FERU) to the office for their development and to assist with intake and assessment, as FERU and VOCSA staff handle similar traumatised clients.
• Placement of an Adelaide University law/criminology student and a Flinders University Masters Social Work student in the office to assist with their development and with intake and assessment
• Formation of a Commissioner’s Consultative Committee with agencies and victims to progress and discuss victim issues in a problem solving and collaborative manner.

Workload data has been collected since February 2019 so that evidence can be provided to ensure that core business is undertaken, and that adequate funding is provided to ensure services for victims are robust and equitable. This data is rudimentary and will be enhanced by the introduction of case management.

However, it is clear that there are more victims assisted, the need for VOCSA has increased, and funding to other services who undertake different work, has made little difference to the workload of VOCSA.

COVID-19 had an impact on our workload, but since restrictions have been removed, the workload remains high. More victims of historical crimes and complex matters have been coming forward for assistance. Crime has risen and victims are seeking more support.

A provider was selected for a case management system for the office, and after some delay with contractual negotiations, VOCSA has been heavily involved in the development of a system that will ensure more timely advice to victims, as well as making further efficiencies to our work.

Data will enable trends to be analysed to identify gaps in victim services so that the Commissioner can advocate for improvements for victims. This system will go live in the 2023-2024 year.

Some people have a complaint about how they have been treated or supported as a victim of crime.

If the victim is not satisfied with how an agency has resolved their complaint, they can contact the Commissioner who assists victims dealing with public authorities and the justice system and consults regarding the treatment of victims to ensure that the Declaration of Principles Governing Treatment of Victims has not been violated.

In 2022-23 VOCSA received 37 grievances.

Most grievance matters relate to victims not being kept informed, not being consulted if charges are downgraded, withdrawn or not proceeded with and note being able to complete their victim impact statements.

VOCSA has liaised with many agencies to resolve grievances including:

• SafeWork SA
• South Australian Housing Authority (SAHA)
• SAPOL
• Office of the Director of Public Prosecutions
• Crown Solicitors Office
• Department for Correctional Services
• Courts Administration Authority
• Members of Parliament
• Attorney-General's Department
• Coroner's Court
• Department of Human Services
• some media agencies.

It was not necessary for the Commissioner to request apologies under sections 16(A)(2) and 16(A)(4) as all complaints were resolved at the agency level.

Some victims require assistance in navigating the criminal justice system and interacting with other agencies. The Commissioner can consult with agencies and officials, and advocate on behalf of victims.

In 2022-23 the Commissioner for Victims' Rights received 284 requests from victims seeking advocacy.

Some advocacies become grievances when agencies do not properly respond to the issues. The Commissioner always attempts to advocate and solve victim issues prior to formally implementing grievances with agencies and/or officials. This is of more benefit for all involved.

Each discretionary payment application is assessed before a determination is made by the Commissioner and includes consultation with SAPOL and other agencies.

Of those applications that were approved, below is a snapshot of some of the types of assistance provided to victims:

• relocation to enable domestic violence and other victims to stay safe
• payment for some emergency medical costs
• additional security to increase the safety of victims of crime in their homes
• payment of funerals for victims who have died as a result of murder.

For the 2022-23 period there have been 520 applications to the Commissioner for Victims' Rights for discretionary payments, of which 291 were approved.

The remaining applications were either not approved, funded from a more appropriate source or were not eligible.

Managing discretionary payments are quite complex and have a considerable impact on the workload of the office, as quotes, payments, bookings, agreements and funding have to be agreed with providers and approved by the Commissioner. Providers have to be registered a nd receipts processed through government systems. All this is completed by VOCSA staff, often in a limited timeframe. However the ability to assist victims in times of crisis with immediate assistance when able to is invaluable.

When a life-sentenced prisoner lodges an application for release on parole, the Commissioner for Victims’ Rights makes a submission to the Parole Board representing the co-victims or those affected.

The Commissioner is legislated to assist co-victims of life sentenced prisoners – those convicted of murder. VOCSA also assists victims of manslaughter and cause death matters and other vulnerable victims on occasion.

VOCSA contacts victims to seek their views to present them to the parole board. On occasion the office supports the victim at the parole board hearing. VOCSA takes all reasonable steps to contact any co-victims to obtain their views so that their comments can be collated into the submission.

All submissions must meet strict timelines to be considered by the Parole Board. Following the Parole Board determination, all co-victims must be contacted and advised of the outcome and any conditions imposed. The Commissioner must then decide whether to ask for a review by the Parole Administrative Review Commissioner (PARC).

VOCSA also frequently has contact with SAPOL, DCS Victim Services Unit and the Parole Board in relation to the parole submissions.

For the 2022 - 2023 period, there have been 1,260 contacts to co-victims and agencies by the VOCSA office in relation to 75 parole matters for life-sentenced prisoners.

In late 2021, legislation was changed to enable VOCSA to represent victims where life sentenced prisoners breached their parole conditions. This is a welcome change for victims, but this was not resourced in the office, and has significantly added workload as these offenders continue to breach. The process reflects the parole submission process with victims requiring contact, and advice of the outcome.

In 2022 – 2023 there have been 30 breach matters, with 341 victim contacts made. This is a valuable voice for victims but has increased the workload on the office.

VOCSA has responsibility for coordinating assistance for victim impact statements.

Writing a victim impact statement is one of the few opportunities victims have to participate in criminal proceedings and victims often describe this as empowering. It is therefore the philosophy of VOCSA to support victims and increase their capacity to write their own statements. Information and support are provided to victims to enable them to write their own statement.

Where a victim is vulnerable and requires additional support VOCSA will triage the request. Some victims have been referred to agencies already engaged with the victim whilst some have been assisted by VOCSA staff who can provide the appropriate support and guidance for those with complex communication needs.

At times the use of an interpreter has been required and funded by VOCSA. People who are writing victim impact statements, providing input for parole submissions or have trauma in their background are vulnerable and VOCSA staff often must contact them numerous times to complete their submissions in a trauma informed manner.

The Commissioner has prepared a number of community impact statements this year.

The Commissioner has partnered with the Joint Anti Child Exploitation team (JACET) and the Carly Ryan Foundation to provide community impact statements (CIS) to the court during sentencing to give victims who may be unknown, a voice in the proceedings. They highlight the significant damage and that there are real victims behind these offences, often completed using the internet.

The CIS are all evidence based and have been submitted for different child exploitation situations. The CIS not only represent the victims but also are instrumental in educating the judiciary, prosecution and others who report on them.

It is evident that the CIS are having some impact, as they are being referred to in sentencing comments by Judges and are now being requested as part of sentencing hearings, as opposed to the Commissioner initiating them. Judgements reflect that Judges and magistrates have considered them in their sentencing.

The legislation is a powerful tool for the Commissioner to represent victims, as well as educate the judiciary and others.

The Commissioner, with the assistance of legal counsel, has been successful in having Commonwealth courts accept the CIS in proceedings. The Commissioner has raised the CIS with the National Working Group as there has been interest from around Australia regarding implementing this in other jurisdictions. At the moment, the Commissioner has a legislated right to submit them, but other jurisdictions do not.

In addition, the Commissioner has submitted other CIS relating to murder and other offences. These continue to be significant in assisting victims to have a voice in proceedings.