The office of the Commissioner for Victims' Rights is known as Victims of Crime South Australia (VOCSA).

The Commissioner for Victims' Rights is appointed under the Victims of Crime Act 2001 to promote and protect the rights and interests of victims of crime in South Australia.

Victims are empowered, respected and supported throughout the criminal justice system. All public agencies and officials respect and uphold victims' rights, ensure victims voices are heard and provide trauma-informed support to victims of crime.

• Empowerment
• Respect
• Equity
• Accountability
• Trustworthiness
• Collaboration

Pursuant to section 16(3) of the Victims of Crime Act 2001:

• 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 related to the objects of this Act assigned by the Attorney-General
• assigned to the Commissioner under the or under any other Act.
• if another Act authorises or requires the Commissioner to make submissions in any proceedings - to make such submissions (either personally or through counsel)
• to carry out any other functions assigned under other Acts.

• Commissioner for Victims' Rights
• Senior Case Manager
• Case Manager
• Project Officer
• Intake and Assessment Officer

Changes to the agency

During 2023-24 the following changes were made to the VOCSA’s organisational structure:

• Role of intake and assessment officer reduced to one FTE. Funding for the second FTE was on a temporary basis and has now ended.
• The role Case Manager replaces the Project Manager with the change in title intended to better reflect roles and responsibilities.
• The role of Senior Case Manager replaces the role of Assistant Commissioner.

The position of Case Manager was established in February 2024 and filled at the end of June. For much of the 2023-24 period VOCSA operated with 4 staff members with the assistance of part-time causal employees.

The Hon Kyam Maher MLC, Minister for Aboriginal Affairs, Attorney-General, and Minister for Industrial Relations and Public Sector, is the State’s principal legal advisor to the government and responsible for exercising certain powers and regulating and administering a range of legislation.

The Attorney-General is a member of Cabinet and is responsible for:

• specific legislation and the state’s legal system
• developing and implementing policy
• legal action relevant to the state government.

Legislation administered by the agency

• Victims of Crime Act 2001

VOCSA’s new case management system (CMS) went live on 4 September 2023. Transition to the new CMS was gradual and it was several months before the CMS became the only active system.

As a result, an updated counting methodology has been implemented. The data in the new CMS is not easily consolidated with pre-existing data. As a consequence some reports below only include data from the new CMS. Accordingly, caution should be taken when comparing this financial year data to previous years.

As well as counting enquires or case types, the number of contacts for each individual case are also counted (recorded / documented / collated). These contacts include phone calls, emails, letters or meetings that occur in managing the enquiry or case to provide an outcome or conclusion.

Enquiries are matters where VOCSA have provided information, advice, and referrals for a diverse range of issues.

Fig. 1 – Total enquiries (1 July 2023 to 30 June 2024)

Fig. 2 – Enquiries by type after transition to new Case Management System (4 September 2023 to 30 June 2024)

^{Fig. 3 – Information requests by type after transition to new Case Management System (4 September 2023 to 30 June 2024). Prior to 4 September information requests were counted under victim enquiries.}

Individual court document requests

VOCSA can obtain copies of some court documents for victims of crime. These documents are provided to victims free of charge on the basis that they are for personal use only.

Documents include:

• a record of the court outcome
• the complaint or 'information'
• remarks on the verdict
• remarks on the penalty or sentence.

Lawyer information requests

VOCSA receives requests for information from lawyers acting on behalf of victims of crime in respect to applications for state-funded compensation.

VOCSA provides lawyers with information such as police report numbers to facilitate the progress of a victim’s application for compensation.

Helping victims

VOCSA help victims in their dealings with prosecution authorities and government agencies and officials. The Commissioner also monitors and reviews laws and court practices on victims.

Fig. 4 – Victims’ rights requests by type (1 July 2023 to 30 June 2024)

Advocacy

Some victims require assistance to understand and navigate the legal system and to access support.

Advocacy involves providing victims with comprehensive information about their rights, assisting them to exercise their rights and addressing their individual needs.

The Commissioner can consult with agencies and officials, and advocate on behalf of victims to ensure their rights and interests are observed and considered.

The extent of advocacy is determined by the needs of individual victims.

Some victims have a strong desire to use their personal experiences and difficulties to advocate for law and policy reform. Their perspectives are invaluable.

The Commissioner is committed to assisting victims to share their views with appropriate government agencies and officials.

Complaints

Some victims of crime have complaints about the criminal justice system and how they have been treated or supported. The Commissioner can assist victims where complaints related to a failure to comply with the requirements of the Declaration of Principles Governing the Treatment of Victims (victims’ rights).

Note that in previous Annual Reports complaints were referred to as ‘grievances’.

Victims are, in the first instance, encouraged to raise complaints with the relevant agency. If a victim remains dissatisfied, they raise a complaint with the Commissioner. The Commissioner may consult with a public agency or public official regarding the victim’s complaint.

If after consultation, the Commissioner is satisfied that the public agency or public official has failed to comply with victims’ rights and has not apologised or dealt with the failure in a satisfactory way, the Commissioner may, by notice in writing to the public agency or official, recommend that the agency or official issue a written apology to the relevant victim.

Complaints in 2023-24 were varied and included grievances about not being kept informed, not being consulted if charges were downgraded or withdrawn, not having the opportunity to present a victim impact statement, and criminal justice process delays.

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.

There were significantly less grievances in the 2023-24 period than the 12 months prior.

It remains to be seen whether the reduction is the result of changed counting rules and practices or indicative of a downward trend. Data for the last five years would suggest the latter.

Reduced complaints may be the result of increased agency education and awareness of victims’ rights and mechanisms for support. Equally, it may be reflective of greater community awareness of rights and thus increased individual agency in ensuring rights are observed from the outset.

Under section 31(2) Victims of Crime Act 2001 the Attorney-General has an absolute discretion to make payments from the victims of crime fund to (or for the benefit of) victims of crime that will, in the Attorney-General’s opinion, help them to recover from the effects of crime or advance their interests in other ways.

This discretion is delegated to the Commissioner. In exercising this discretion, the Commissioner must be guided by the Objectives of the Victims of Crime Act 2001.

VOCSA receives requests for discretionary payments directly from victims and from various agencies and services on behalf of victims. Applications are assessed before a determination is made by the Commissioner. Assessment often includes consultation with South Australia Police (SAPOL) and other agencies.

Fig. 6 – Discretionary payment applications (1 July 2023 to 30 June 2024)

For the 2023–24 period there have been 512 applications to the Commissioner for discretionary payments, of which 297 were approved.

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

Fig. 7 - Discretionary application by type after transition to new Case Management System (4 September 2023 to 30 June 2024)

More information about the payment categories is included below.

Ambulance - Payment for attendance or transportation by ambulance where a victim is unable to pay the account and later seeks reimbursement through compensation or restitution.

Counselling - Where support through the government funded victim counselling program is not appropriate for the victim’s needs or location

Forensic Clean - Funding for forensic cleaning as requested by police. Funding is to ensure victims and co-victims are not traumatised when returning to the location of the crime.

Essential Items - Discretionary payments do not cover property loss or damage unless the property is an item essential to a victim’s daily functioning such as eyeglasses.

Funeral - Funding for funerals for homicide victims.

Other - Other expenses deemed appropriate in assisting victims to deal with the effects of crime and to assist their recovery.

Relocation - The costs associated with relocating a victim. This may be for reason of physical safety or to ensure a victim is closer to necessary social and emotional supports.

Security - Security upgrades where the victim is at risk of further harm.

Travel & Accommodation - Costs associated with travelling to Adelaide for funerals, court (limited) or treatment.

Treatment - Includes all treatment addressing physical injuries (e.g. medical, dental).

In some circumstances the Commissioner will fund independent lawyers to provide victims with legal assistance to represent their interests. Legal funding also includes cases where the Commissioner has engaged a lawyer to present a Community Impact Statement.

In the 2023-24 period the majority of legal funding was provided to represent victims’ interests in applications to vary licence conditions as per s.269 of the Criminal Law Consolidation Act 1935.

The Commissioner also funded legal counsel to assist a victim apply for funds quarantined under the Correctional Services Act 1935. This matter has not yet been finalised.

Fig. 8 - Legal funding requests 1 July 2023 to 30 June 2024

VOCSA assists victims and co-victims in making submissions to the Parole Board in relation to:

• applications for release on parole
• breaches of parole for life-sentenced prisoners
• applications to vary parole conditions for life-sentenced prisoners.

The Commissioner is legislated to assist co-victims of life sentenced prisoners, those convicted of murder, but also assists victims of manslaughter and cause death matters. VOCSA will assist victims of other crime types as requested.

VOCSA assists victims to present their views via submissions to the Parole Board and keeps victims informed throughout the parole process. On occasion the office supports the victim at the parole board hearing.

All submissions must meet strict timelines to be considered by the Parole Board. Following the Parole Board determination, victims are contacted and advised of the outcome and any conditions imposed.

In the case of life-sentenced prisoners the Commissioner must, once notified of the Parole Board’s decision to release a prisoner, consider whether to ask for a review by the Parole Administrative Review Commissioner (PARC).

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

Fig. 9 - Parole requests (1 July 2023 to 30 June 2024)

^{*Other Parole Matters includes enquiries from victims and agencies regarding parole processes which do not fall under the primary scope of submissions in relation to parole applications or breaches of parole conditions.}

VOCSA assists victims with the preparation of victim impact statements. Writing a victim impact statement is one of the few opportunities a victim has to be heard or have a ‘voice’ in criminal proceedings.

As such it is critical that victim impact statements are in a victim’s own words.

Fig. 10 - Parole requests (1 July 2023 to 30 June 2024)

When victims approach VOCSA for help, staff aim to increase the capacity of victims to write their own statements by providing information and support.

Where a victim is vulnerable and requires additional support VOCSA will triage the request. Victims may be referred to an agency already engaged with the victim and thus better placed to assist. Others are assisted by VOCSA staff who provide more intensive assistance to complete a victim impact statement.

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 seven community impact statements the 2023-24 financial year:

• one neighbourhood impact statement as per section 15(2)(a) of the Sentencing Act 2017
• six social impact statements as per section 15(2)(b) of the Sentencing Act 2017.

Neighbourhood impact statement

A neighbourhood impact statement is a statement about the effect of the offence, or offences on the same kind, on people living or working in the location in which the offence was committed.

Social impact statement

A social impact statement is an evidence-based statement about the effect of the offence, or offences of the same kind, on the community generally or on any particular sections of the community.

They are useful in highlighting the harm caused to victims when they do not have a voice in proceedings because the victims have not been identified or have elected not to make individual victim impact statements.

These statements are a mechanism for providing the court with information about new and emerging crime types, debunking commonly held myths and stereotypes and detailing the broad impact of crimes.

All six social impact statements submitted by VOCSA were related to child exploitation, including charges of:

• possessing, disseminating, and producing child exploitation material
• procuring a child for sexual activity
• communicating with a child to make them amenable to sexual activity.

The Commissioner is committed to supporting criminal justice agencies and professionals through training and education.

The Commissioner provides training to ensure agencies and professionals understand:

• their obligations to victims of crime
• the support services available to assist victims
• the principles of trauma informed care
• the role and functions of the Commissioner for Victims’ Rights.

The Commissioner also understands the value in presenting to community groups to ensure members of the public are aware of victims’ rights and avenues for assistance should they or someone they know ever become victims of crime.

Fig. 11 - Training and presentations (1 July 2023 to 30 June 2024)

Website

The Victims of Crime SA website (www.voc.sa.gov.au) continues to receive positive feedback from victims and other partner agencies.

Over the 2023-24 period, the website received:

• 64,000 visitors
• 183,000 page views.

Overwhelmingly, the majority of users are interested in compensation, with the top 3 most visited pages (aside from the homepage):

• State-funded compensation (18,380 views)
• Offender-paid compensation (7,657 views)
• Other payments (7,062 views)

A quick exit button was also added to the website – allowing users to quickly switch to another, more innocuous website if needed.

Postcard – new initiative

When a victim reports a crime, police give victims a booklet titled ‘Information for victims of crime’ – known informally as the ‘Blue Book’. This is the primary means by which victims are first advised of their rights and the services available to assist them in the aftermath of crime.

The book also provides a space to record the report number and officer’s contact details for the victim’s future reference.

Victims do not always receive the booklet. Reasons include the victim stating they do not want a copy, have received the booklet in the past and officers not having the book available at the time of the report.

To address some of these issues VOCSA have produced a postcard with a QR code that takes victims to tailored information on the VOCSA website. Importantly, report details can be recorded on the postcard.

The postcard was designed following feedback from SAPOL officers, particularly those in regional areas.

This is not intended to replace the Blue Book but rather to provide another option and maximise the likelihood that victims will receive information that is crucial to their involvement in the criminal justice system and to support them in their recovery.

Feedback since its first print run has been incredibly positive.

Enquiry form

VOCSA collaborated with SA.GOV.AU to develop an online enquiry form with the intention of enhancing access to information, referrals and assistance. The online form gives victims of crime control over when they lodge enquiries without being constrained by business hours.

This form supplements phone enquiries, providing victims with greater choice to communicate in a way that best suits them.

Publications

VOCSA developed and printed a new publication titled ‘Forensic procedures for protected persons’.

This was a document initially requested by Child Protection Services and deals specifically with forensic procedures for those considered to be protected persons – usually a child (under the age of 16) or someone physically or mentally incapable of understanding the procedure.

The booklet outlines who can consent to the procedure, the process of a forensic procedure and the protected person’s rights.

Several other fact sheets have been created on request from key stakeholders, including:

• information for funeral directors about compensation payments
• information about parole for prisoners whose crimes involve the death of a victim.

South Australian legislation requires a defendant to be present when a victim makes their impact statement. It was brought to the Commissioner’s attention, that on occasion victims arrive at sentencing submissions to find the defendant is appearing via audio-visual link (AVL).

Whilst this may be considered ‘attendance in person’ it certainly does not meet the expectations of many victims – who feel the impact of their statement is diminished when an offender is not physically in the courtroom.

The Commissioner commenced consultation with courts and prosecutors to establish procedures to ensure the court is aware of the victim’s preference and to provide victims with confirmation of the defendant’s attendance prior to the hearing.

The Commissioner developed a compensation factsheet for uploading to SAPOL’s intranet. The factsheet outlines the various types of compensation, eligibility criteria, and application process to assist SAPOL members when informing victims about compensation.

As the first contact with the justice system, SAPOL often begin conversations with victims about what sort of compensation they may be entitled to. This factsheet is one strategy to ensure victims of crime are informed about their rights and entitlements.

The Commissioner provided the Attorney-General with information about recommended changes to state-funded compensation related to the initial application period and grief payments.

The initial application period for state-funded compensation is three years after the offence has been committed or, where the victim is a child, three years after the child turns 18.

The timeframes outlined are not realistic, with many matters not even prosecuted within that timeframe.

The Commissioner proposed the initial application period could be amended to five years at the conclusion of criminal proceedings (either when finalised in court or the matter filed by SAPOL).

The Commissioner also recommend an extension of eligibility under s.17(2)(ab) and s.17(2)(b) of the Victims of Crime Act 2001 and suggested the definition of ‘a child’ should not be limited to a child under the age of 18 years at the time of the offence. The grief suffered does not alter because a child is over the age of 18 when their parent dies nor does a parent’s grief diminish because their child was over the age of 18 when killed.

Victim and witnesses attending court are entitled to have certain expenses paid or reimbursed. These may include flights and accommodation, meals, mileage, and the cost of childcare.

A number of issues, complexities and ambiguities associated with these expenses and related processes were brought to the Commissioner’s attention. It should also be noted these allowances and procedures have not been reviewed for some 20 years or more.

The Commissioner convened a meeting with relevant stakeholders and provided the Attorney-General with advice.

The Commissioner began consultation to address barriers that make it difficult for victims to make claims against a prisoner compensation quarantine fund.

If a prisoner is awarded damages in respect of a claim against the State for a civil wrong, the monies must be held in trust in a quarantine fund. A victim in relation to a criminal act by a prisoner may, within the quarantine period, commence legal proceedings for the recovery of damages against the prisoner.

Consultation was undertaken with SAPOL about identifying and notifying victims of their right to make a claim against a prisoner compensation quarantine fund.

Further, the Commissioner and Chief Executive of the Department for Correctional Services identified a number of barriers for victims and are currently undertaking a review of processes.

Under s.269UA(5) of the Criminal Law Consolidation Act 1935, the Commissioner is entitled to appear and be heard in applications for continuing supervision orders and must be afforded a reasonable opportunity to call and give evidence, to cross examine witnesses, and to make submissions.

The Commissioner clarified the roles and responsibilities between VOCSA and Forensic Mental Health Service to ensure victims are notified of applications and their views obtained.

SAPOL approached the Commissioner raising concerns that victims are often unaware of their entitlement to be provided with a copy of their statement (affidavit). It was suggested that this right be incorporated into the Declaration of Principles Governing the Treatment of Victims (Division 2 Victims of Crime Act 2001).

The Commissioner will provide this advice if and when the Declaration is revised. In the meantime, the Commissioner will amend the VOCSA website and ‘Information for victims of crime’ booklet to include information about a victim’s entitlement to a copy of their statement.