Western Australia

Victims of Crime Act 1994

Reprint 2: The Act as at 28 October 2011

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Validation, transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

·removed (because it was repealed or deleted from the law); or

·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

Reprinted under the Reprints Act 1984 as

at 28 October 2011

Western Australia

Victims of Crime Act 1994

CONTENTS

1.Short title1

2.Terms used1

3.Guidelines about treatment of victims2

4.Information about victims, provision of by police and DPP3

5.Regulations4

6.Review of Act4

Schedule 1 — Guidelines as to how victims should be treated

Notes

Compilation table8

Defined Terms

	Reprinted under the Reprints Act 1984 as
	at 28 October 2011

Western Australia

Victims of Crime Act 1994

An Act about victims of crime.

1.Short title

This Act may be cited as the Victims of Crime Act 1994 1.

2. Terms used

In this Act, unless the contrary intention appears — 

guidelines means the guidelines in Schedule 1;

offence includes an alleged offence;

public officers and bodies includes — 

(a)Ministers of the Crown; and

(b)judges, magistrates and other judicial officers; and

(c)officers of courts; and

(d)the Director of Public Prosecutions and other people who are involved in the prosecution of offences; and

(e)the Commissioner of Police and members of the Police Force; and

(f)the Prisoners Review Board; and

(fa)the Mentally Impaired Accused Review Board; and

(g)the Supervised Release Review Board; and

(h)juvenile justice teams; and

(i)employees or bodies in the public sector whose functions involve dealing with offenders or victims;

victim means — 

(a)a person who has suffered injury, loss or damage as a direct result of an offence, whether or not that injury, loss or damage was reasonably foreseeable by the offender; or

(b)where an offence results in a death, any member of the immediate family of the deceased.

[Section 2 amended by No. 41 of 2006 s. 97.]

3.Guidelines about treatment of victims

(1)Public officers and bodies are authorised to have regard to and apply the guidelines in Schedule 1 and they should do so to the extent that it is — 

(a)within or relevant to their functions to do so; and

(b)practicable for them to do so.

(2)If because of age, disability or any other reason it is not practicable for a victim to receive counselling or information, make requests or express views or concerns under the guidelines, another person may do those things on the victim’s behalf if the public officer or body concerned is satisfied that it is appropriate for that other person to do so.

(3)Nothing in this Act provides, or is to be taken as providing, any person with a legally enforceable right or entitlement, and a failure to apply this Act, or to have regard to a guideline, or to treat a victim in accordance with a guideline, does not — 

(a)affect the validity of anything done or not done or of any proceedings; or

(b)provide grounds for any act, omission or decision to be challenged, appealed against, reviewed, quashed or called in question in or by any court or tribunal or for any injunctive, declaratory or other relief, remedy or order to be asked for or granted whether by way of prerogative writ or otherwise.

4.Information about victims, provision of by police and DPP

(1)In this section —

agency means the Public Sector agency principally assisting the Minister administering a relevant enactment in its administration;

DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991;

prescribed information, in relation to a victim, means —

(a)the name, address, telephone number, age and ethnicity of the victim; and

(b)a description of the offence and an abridged description of the circumstances of its commission; and

(c)the name of the offender or alleged offender, if known; and

(d)the name, rank and registered number of the member of the Police Force in charge of investigating the offence; and

(e)the police station or office where information about the investigation of the offence is held; and

(f)the status of the investigation and prosecution of the offence by the Police Force; and

(g)any information prescribed by the regulations;

relevant enactment means any provision of this Act, the Prisons Act 1981 or the Sentence Administration Act 2003.

(2)The Commissioner of Police may provide the chief executive officer of an agency with prescribed information in relation to a victim so that the agency can offer the victim the services it has available for victims.

(3)The DPP may provide the chief executive officer of an agency with such information in relation to a victim as the DPP thinks fit so that the agency can offer the victim the services it has available for victims.

(4)Any information provided under subsection (2) or (3) must be provided in confidence.

(5)The provision of information under subsection (2) or (3) in confidence and in good faith does not constitute a breach of any written or other law.

(6)Information provided under subsection (2) or (3) must not be used by an agency for purposes other than those specified in subsection (2) or (3).

[Section 4 inserted by No. 30 of 2004 s. 4; amended by No. 65 of 2006 s. 72.]

5.Regulations

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to the purposes of this Act.

[Section 5 inserted by No. 65 of 2006 s. 73.]

6.Review of Act

(1)The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after —

(a)1 January 2010; and

(b)the expiry of each 5 year period after that day.

(2)The Minister is to cause a report to be prepared on each review and is to cause the report to be tabled before each House of Parliament as soon as practicable after it is prepared.

[Section 6 amended by No. 5 of 2008 s. 126.]

Schedule 1  — Guidelines as to how victims should be treated

[s. 3]

[Heading amended by No. 19 of 2010 s. 4.]

1.A victim should be treated with courtesy and compassion and with respect for the victim’s dignity.

2.A victim should be given access to counselling about the availability of welfare, health, medical and legal assistance services and criminal injuries compensation.

3.A victim should be informed about the availability of lawful protection against violence and intimidation by the offender.

4.Inconvenience to a victim should be minimized.

5.The privacy of a victim should be protected.

6.A victim who has so requested should be kept informed about — 

(a)the progress of the investigation into the offence (except where to do so may jeopardize the investigation); and

(b)charges laid; and

(c)any bail application made by the offender; and

(d)variations to the charges and the reasons for variations.

7.A victim who is a witness in the trial of the offender and has so requested should be informed about the trial process and the role of the victim as a witness in the prosecution of the offence.

8.A victim who has so requested should be informed about any sentence imposed on the offender, or any other order made in respect of the offender, as a result of the trial and about any appeal and the result of any appeal.

9.A victim’s property held by the Crown or the police for the purposes of investigation or evidence should be returned as soon as possible.

10.Arrangements should be made so that a victim’s views and concerns can be considered when a decision is being made about whether or not to release the offender from custody (otherwise than at the completion of a term of imprisonment or detention).

11.A victim who has so requested should be informed about the impending release of the offender from custody and, where appropriate, about the proposed residential address of the offender after release.

12.A victim who has so requested should be informed of any escape from custody by the offender.

Notes

1This reprint is a compilation as at 28 October 2011 of the Victims of Crime Act 1994 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Victims of Crime Act 1994	81 of 1994	23 Dec 1994	20 Jan 1995
Sentencing (Consequential Provisions) Act 1995 Pt. 79	78 of 1995	16 Jan 1996	4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)
Victims of Crime Amendment Act 2004	30 of 2004	14 Oct 2004	14 Oct 2004 (see s. 2)
Reprint 1: The Victims of Crime Act 1994 as at 4 Mar 2005 (includes amendments listed above)
Parole and Sentencing Legislation Amendment Act 2006 s. 97	41 of 2006	22 Sep 2006	28 Jan 2007 (see s. 2 and Gazette 29 Dec 2006 p. 5867)
Prisons and Sentencing Legislation Amendment Act 2006 Pt. 12	65 of 2006	8 Dec 2006	4 Apr 2007 (see s. 2 and Gazette 3 Apr 2007 p. 1491)
Acts Amendment (Justice) Act 2008 Pt. 25	5 of 2008	31 Mar 2008	30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)
Standardisation of Formatting Act 2010 s. 4	19 of 2010	28 Jun 2010	11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Reprint 2: The Victims of Crime Act 1994 as at 28 Oct 2011 (includes amendments listed above)

Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

agency4(1)

DPP4(1)

guidelines2

offence2

prescribed information4(1)

public officers and bodies2

relevant enactment4(1)

victim2

By Authority: JOHN A. STRIJK, Government Printer