Inquiry into victims rights

Transcription

1 Inquiry into victims rights Report of the Justice and Electoral Committee Forty-eighth Parliament (Lynne Pillay, Chairperson) December 2007 Presented to the House of Representatives

2 Contents Executive summary 5 1 Introduction 9 Background 9 2 Summary of existing services 11 The Victims Rights Act Services for victims 12 Compensation or financial assistance for victims 13 Restorative justice processes 14 3 Issues raised by submitters 16 Financial support (including compensation) 16 Services for victims 16 Police and Court procedures 17 Courtroom layout 17 Recognition of and sensitivity towards victims 18 Organisational processes and policies 18 4 Systems and processes in the state of Victoria 19 Victim Support Agency (Department of Justice) 19 Victoria Police (Victims Advisory Unit) 22 Victims of Crime Assistance Tribunal 24 Neighbourhood Justice Centre 26 Sentencing Advisory Council 27 Victoria Legal Aid, Victoria Law Reform Commission, and Victoria Equal Opportunity and Human Rights Commission 28 5 Key conclusions and recommendations to improve the New Zealand system 30 Identifying the gaps 31 Compensation or financial assistance 31 Coordination between agencies 35 2

3 Information and education 37 Recognition and sensitivity 40 Police and court procedure 42 Other gaps: research, services, timing 43 6 Restorative justice 46 Restorative justice processes in New Zealand 46 7 Work under way 49 Ombudsman s report 50 Petition 2005/114 of Manika Conning 50 Appendices A Committee procedure 51 B Comparative analysis: compensation of victims in Victoria and New Zealand 52 C List of submitters 55 3

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5 INQUIRY INTO VICTIMS RIGHTS I.7C Inquiry into victims rights Executive summary We are concerned about the way victims are currently treated in the New Zealand criminal justice system. We consider that the system appears to be focused heavily upon the needs of prosecutorial agencies and defence counsel, and too often victims rights are considered only as an afterthought. In this report we make a number of recommendations to improve the prominence and treatment of victims within the system. Key recommendations include: the establishment of an agency to oversee all matters related to victims issues, including coordinating and monitoring agencies that victims may be required to deal with the establishment of a compensation regime which focuses on recompensing victims for their loss the provision of comprehensive information to victims on the criminal justice system, their rights, and the services available to them the establishment of services for victims within court precincts a review of the services available for victims, to identify gaps the allocation of sufficient resources to fill service gaps and to carry out the recommendations contained in this report. Summary of recommendations Following its inquiry, the Justice and Electoral Committee makes the following recommendations to the Government: that it establish and resource a programme, similar to the Victims Assistance and Counselling Program in Victoria, to provide counselling and other assistance to victims (p. 20). that it establish and resource a coordinating and monitoring agency in New Zealand, similar to the Victims Services Agency in Victoria (p. 21). that it establish and resource a service to act as a first point of contact for victims issues, receive complaints, mediate between victims and the agencies they must deal with, and as a policy advocate for the status and rights of victims in New Zealand (p. 21). that it investigate providing multiple support services on site in Court precincts, similar to the Neighbourhood Justice Centre in the City of Yarra (p. 27). that it provide resources for facilities similar to the Neighbourhood Justice Centre and include such facilities as a key element in the Courts Building Programme (p. 27). that it direct the Ministry of Education to add civics education to the curriculum (p. 29). 5

6 INQUIRY INTO VICTIMS RIGHTS that it direct the Ministry of Justice to start work to analyse the benefits of an inquisitorial approach, and investigate how and where the New Zealand justice system could benefit from the incorporation of inquisitorial principles (p. 30). that it ensure victims are aware of their ability to make claims under the Prisoners and Victims Claims Act (p. 34). that, in the impending Review of Services available for Victims of Serious Crime, it develop a compensation regime that prioritises victims losses and adequately compensates them (p. 34). that it develop a comprehensive compensation regime which provides State funding at the outset, is accessible and simple, and demonstrates commitment to victims (p. 35). that it encourage a case management approach to be taken to victims in the Victim Notification System, and amend the Victims Rights Act 2002 to allow this approach if necessary (p. 36). that it establish an agency to oversee matters related to victims, and to provide guidance to and coordinate services between the other agencies involved in dealing with them (p. 37). that it develop and implement a charter of victims rights (p. 37). that it produce a definitive publication for victims, which provides comprehensive information to victims on their rights, clearly explains the criminal justice systems and processes, and sets out (with contact information) the services available to support victims (p. 38). that it ensure that informative material (see recommendation 14) is given to all victims (p. 38). that it ensure that all the agencies with responsibilities under the Victim Notification System are discharging their responsibilities properly and promptly in every case (p. 39). that it direct a new or existing agency to take responsibility for the overall effectiveness of the Victim Notification System, and ensure that the various systems are easy for victims to access and understand (p. 39). that it direct a new or existing agency to ensure that the collections unit of the Ministry of Justice operates effectively for victims (p. 39). that it ensure the Review of Services available for Victims of Serious Crime investigates the viability of changing the Victim Notification System from one where victims must opt in to one where victims are automatically included unless they opt out (p. 40). that it review the Victims Rights Act 2002, and amend it where necessary, to ensure that victims can be given relevant information, such as an offender s breach of parole conditions, at the appropriate time (p. 40). 6

7 INQUIRY INTO VICTIMS RIGHTS I.7C that it formally establish victim-focused units in key agencies such as the Accident Compensation Corporation, the New Zealand Police, the Ministry of Justice, the Department of Corrections, and the New Zealand Parole Board (p. 41). that, in the Review of Services available for Victims of Serious Crime, it investigate the establishment of a forum for victims in New Zealand, to give a victim validation by recognising that a crime has occurred regardless of whether the offender is apprehended, and to allow a victim the opportunity to explain the incident, the effect it had on them, and the resources they need to restore their lives (p. 41) that the Review of Services available for Victims of Serious Crime investigate whether some victims rights should be made legally enforceable (p. 41) that it investigate the viability of an accreditation regime for personnel taking Victim Impact Statements (p. 41). that separate entrances and rooms for victims be implemented in the Court Buildings Programmes (p. 42) that it ensure the New Zealand Police have appropriate systems and policies for interviewing victims or complainants of sexual violence (p. 42). that it investigate whether arrest warrants are being issued appropriately for complainants who fail to appear, in the Review of Services available for Victims of Serious Crime (p. 43). that it undertake research immediately on the gaps in the services provided to victims (p. 44). that appropriate services be resourced and developed to fill any gaps that are found (p. 44) Government that it develop and implement a programme providing wide-ranging counselling services (including post-trial counselling) for all victims (p. 44). that it develop and implement a Helpline service for victims, similar to the one administered by the Victoria Victim Support Agency, to provide a first contact point for victims, and crisis management, help, and information services (p. 44). that any work on victims issues be undertaken in consultation with key agencies such as Victim Support (p. 44) that it allocate resources to ensure that an appropriate range of high-quality services can be provided to victims (p. 45). that it develop suitable restorative justice processes for vulnerable victims, such as the victims of sexual crime or family violence crime, to ensure that the victim s interests are paramount at all times (p. 48). that it initiate the Review of Services available for Victims of Serious Crime immediately, and refer to it the recommendations contained in this report (p. 49). that it expressly direct that victims rights be considered a priority within the criminal justice system and that it take immediate steps to ensure that this direction is carried out where possible (p. 49). 7

8 INQUIRY INTO VICTIMS RIGHTS that it act on the recommendations contained in this report immediately (p. 49). that appropriate resources be allocated to ensure that the recommendations contained in this report can be implemented (p. 49). 8

9 INTRODUCTION I.7C 1 Introduction Background The Justice and Electoral Committee of the 47th Parliament indicated an intention to undertake an inquiry into the place of victims in the criminal justice system, but Parliament was dissolved before the inquiry could begin. On 4 May 2006 the Justice and Electoral Committee of the 48th Parliament announced that it would honour the intention of the previous committee by conducting an inquiry into victims rights. The terms of reference for the inquiry were to examine the place of, and outcomes for, victims of crime and their families in the criminal justice system by reviewing legislation affecting victims, including the Victims Rights Act 2002 considering the terminology used for victims identifying services available to victims examining the concept that criminals owe a debt to individuals as well as society, including issues of compensation and reimbursement of costs examining the effect of the current court system on victims, including the role and status of complainants during court proceedings and the adequacy of courtroom layout and facilities examining the place of restorative justice programmes in the criminal justice system and their impact on victims considering any other relevant matters. Over the last five years several changes have been made to New Zealand s criminal justice system in an effort to recognise the rights and interests of victims. Initiatives such as the Victims Rights Act 2002, the Prisoners and Victims Claims Act 2005, and amendments to the Sentencing Act 2002, the Summary Proceedings Act 1957, and the Bail Act 2000 have been progressed in an effort to establish formal recognition of victims rights, and to ensure that victims views are heard throughout the trial process and that victims are treated appropriately in the criminal justice system. Our motivation for this inquiry was two-fold. We support the initiatives already undertaken to recognise victims rights. However, we recognise that New Zealand s criminal justice system as a whole remains largely focused on the prosecution of offenders, and we are interested in what else, if anything, can be done to improve the status and treatment of victims in the system. Our inquiry therefore sought to find any gaps in the support and recognition of victims under the current legislation. In addition, we wanted to review the implementation of these recent initiatives to ensure that appropriate systems and processes had been established to give effect to the legislation. 9

10 INQUIRY INTO VICTIMS RIGHTS During the course of our inquiry, we called publicly for submissions and heard from a number of submitters. We also sought evidence and advice from the Ministry of Justice, the Accident Compensation Corporation, Audit New Zealand, the Department of Corrections, the New Zealand Parole Board, the New Zealand Police, and the Ministry of Health. We also travelled to Melbourne to visit organisations that deal with victims issues, and to gather information on the Victorian systems and processes used for dealing with victims. This report covers our considerations in full. The first chapter contains this introduction, while the second sets out the existing services, legislation, and policy relating to victims in New Zealand. It provides brief descriptions of the Victims Rights Act 2002, the compensation available to victims (including compensation through the Accident Compensation Corporation and the reparation regime, and claims under the Prisoner s and Victims Claims Act 2002). It also provides a brief description of the key services available. The third chapter examines the key issues raised through the public submissions process. We then discuss in the fourth chapter the information we collected on our visit to Melbourne. This section describes the systems and processes for dealing with victims in the state of Victoria, and includes information on the compensation regime, and the range of services provided for victims there. Our conclusions and recommendations for changes in the current criminal justice system are set out in the fifth chapter. Our inquiry has focused on primarily on how the current criminal justice system could be improved to meet victims needs, but we have also examined restorative justice processes to see how they could be used to address victims rights issues. Our conclusions on restorative justice processes available in New Zealand are set out in chapter six of this report. 10

11 SUMMARY OF EXISTING SERVICES I.7C 2 Summary of existing services The Victims Rights Act 2002 The most significant legislative recognition of victims rights is the Victims Rights Act This Act was intended to improve provision for the treatment and rights of the victims of offences. The Act defines victim, and provides principles to guide victims treatment, including their access to services and restorative justice. It contains provisions on the information to be given to victims, and the information victims can make available to agencies, including the court, for consideration when decisions are made about sentencing offenders. The Act contains specific provisions applying to the key government agencies with which a victim is likely to have contact: the Accident Compensation Corporation (ACC) the Department of Child, Youth and Family Services (now part of the Ministry of Social Development) the Ministry of Justice the Department of Corrections the Department of Work and Income (now part of the Ministry of Social Development) District Health Boards the New Zealand Police. Depending on the agency and issues involved, the rights established in this Act are enforceable through an Ombudsman, the Privacy Commissioner, or the Independent Police Conduct Authority, or by direct approach to the agencies themselves. There is provision for the victims views to be taken into account in the sentencing of the offender. Sections of the Victims Rights Act require the Police Prosecutor to obtain information from the victim about the impact of the offence on him or her (a victim impact statement), and to make this information available to the sentencing judge. Section 8(f) of the Sentencing Act 2002 requires the judge to take the victim impact statement into account when sentencing. Under the Act victims of serious offences are entitled to register on the Victims Notification System. 1 Registered victims are entitled to receive specified information and documentation about their case, so they can participate in specified events during the 1 Sexual violation or other serious assault; offences resulting in injury, incapacity or death; and offences that have led to the victim fearing on reasonable grounds for his or her physical safety, or that of his or her immediate family. 11

12 INQUIRY INTO VICTIMS RIGHTS sentencing and penalty phases of the criminal justice process. The system is managed jointly by the Police, the Department of Corrections, and the Ministry of Health, with the Police having initial responsibility for providing eligible victims with information about the system. Services for victims It is important that victims are afforded adequate support and information when dealing with the criminal justice system. The main services provided by the Government in this area are delivered by Victim Support, a non-governmental community-based organisation contracted by the Government to provide services to victims of crime, and Court Services for Victims, an optional, free, confidential service provided by the Ministry of Justice to give victims of crime information on the progress of the cases that relate to them, as required by section 12 of the Victims Rights Act. The services that Victim Support is funded to provide include the following: crisis management (for victims of serious trauma) support through the judicial process (including assistance with the preparation of victim impact statements) advocacy (volunteer support workers help victims understand their rights, and help ensure those rights are being upheld) support regarding Parole Board hearings (ensuring that victims are fully aware of their opportunities to participate) Victims Assistance Schemes (targeted services including counselling and discretionary grants for families of homicide victims, assistance with travel and accommodation costs for attending parole or court hearings, and information and security equipment for victims of repeated burglary). Court Services for Victims are provided by Victims Advisers, who are employed by the Ministry of Justice and located in District Courts across the country. Briefly, Victims Advisers advise victims of their rights in the court process explain court procedures advise victims of the progress of their cases (status hearings, hearings for sentence, and any appeals against conviction or sentence) facilitate participation by victims in court processes inform victims about victim impact statements and registration on the Victim Notification Register 2 may present the victim s view at status hearings 3 2 Victims Advisers are not responsible for taking victim impact statements, nor do they have initial responsibility for advising victims about the Victim Notification System. 3 Victims Advisers are not victims advocates and generally cannot speak for the victims. 12

13 SUMMARY OF EXISTING SERVICES I.7C provide information and advice to young witnesses. Compensation or financial assistance for victims For victims, crime can be very harmful emotionally, physically, and sometimes financially. Compensation is available under the Injury Prevention, Rehabilitation and Compensation Act 2001 (administered by the ACC) to victims or complainants who receive personal injuries. This legislation includes provision for rehabilitation, counselling, earnings-related compensation for time off work as a result of injury, and lump-sum compensation for significant and permanent incapacity. Where the victim has been killed, funeral benefits and earnings-related compensation are available for dependants. Since 1 April 2002 the Act has also provided victims of sexual offences, such as rape, with cover for mental injury. Reparation If victims are not entitled to compensation through the ACC scheme, they may be entitled to reparation. Reparation to victims is provided for in section 32(1) and section 32(5) of the Sentencing Act, and must be imposed unless there is a compelling reason not to do so. A court can order reparation for loss of, or damage to, property; for emotional harm; or for loss or damage that is consequential to any emotional or physical harm or loss of, or damage to, property. Changes made in 2006 to the Sentencing Act and the Summary Proceedings Act 1957 prioritise payment of reparation ahead of fines or other courtimposed penalties or fees. However, the court must not impose a sentence of reparation if it believes that the victim is entitled to compensation under the ACC regime. 4 Victim s compensation claims Under the Prisoners and Victims Claims Act, victims of prisoners who have received certain types of compensation from the Crown may make a claim for damages or exemplary damages against the offender from that money. The compensation is paid into a special trust account, and before any money is paid to the claimant, any court-awarded reparation or legal services agency fines are deducted, and victims of the claimant are given six months to make a claim. Other types of compensation or financial assistance The Criminal Justice Assistance Reimbursement Scheme provides assistance to witnesses who have been victimised, rather than to the direct victims of crime. It provides reimbursement for any damage to a witness s property. Otherwise victims must rely on making a civil claim for exemplary damages for personal injury, or make a civil court claim for other losses (civil proceedings for compensatory damages are not available for personal injury claims, which are covered under the ACC scheme), or rely on privately-funded insurance for compensation in the event of a loss. 4 The Injury Prevention, Rehabilitation and Compensation Act does not provide for compensation for property-related loss or damage and generally not for mental injury not arising from physical injury. A court may request a reparation report to determine, among other things, the extent to which the loss or damage is likely to be covered by entitlements under the Injury Prevention, Rehabilitation and Compensation Act. 13

14 INQUIRY INTO VICTIMS RIGHTS Restorative justice processes Restorative justice is a process that encourages the combined participation of offenders and victims, their families, and communities in determining the harms caused by offending, seeking ways to redress them, attending to the needs of victims, and supporting the rehabilitation of offenders. The primary goals of restorative justice are to provide opportunities for both victims and offenders to be involved in determining responses to the offending that will hold offenders accountable and, to the greatest extent possible, repair the harm done to the victim and community. Formal statutory recognition of restorative justice processes came about with the enactment of the Sentencing Act, Parole Act, and Victims Rights Act in 2002, and the Corrections Act in These Acts give more recognition and legitimacy to restorative justice processes than previous legislation, and encourage the use of them wherever appropriate. The Acts also require that these processes be taken into account in the sentencing and parole of offenders. Restorative justice processes are used at various pre-conviction, pre-sentencing, and postsentencing stages in the criminal justice system. Restorative justice can be used successfully at any stage of the criminal justice system if the parties wish to participate and there are sufficient resources, including appropriately skilled facilitators to manage the process. Offenders must admit responsibility for the offence before entering the restorative justice process. Participation is voluntary for both victims and offenders. Restorative justice is already used in New Zealand, but access for offenders and victims is limited. Not all regions have providers of restorative justice, and in some regions it is limited to one stage in the criminal justice process (for example, before conviction, as an option in diversion). The Ministry of Justice funds 32 community-based programmes to provide restorative justice processes before conviction (in a diversion process) and before sentencing. In general, two models of restorative justice operate in New Zealand: Victim-Offender Conferences: This is used before sentencing in the court-referred restorative justice pilot, and in a number of the community-managed programmes funded by the Crime Prevention Unit. Following a guilty plea offenders are referred to facilitators from community-based providers. The facilitators meet the victim and the offender, and convene a conference if the offender seems suitable and both victim and offender are willing to participate. A report on the conference, and any agreements reached, is provided to the court at sentencing. Agreements may include reparative and re-integrative elements, such as offers of payment to the victim or attendance by the offender at programmes to address the underlying causes of the offending. The court will take the report and any agreement into account when sentencing, as required by the Sentencing Act. 14

15 SUMMARY OF EXISTING SERVICES I.7C Community Panel Programmes (community group conferences): In these programmes the offender meets a panel of community members, which may include the victim, to discuss the impact of their offending. Usually a plan will be agreed to address the effects of the offending, for example with reparation or community service. Plans frequently incorporate rehabilitative activities. These processes are sometimes used as diversion programmes, where compliance with the plan may result in withdrawal of the charges. 15

16 INQUIRY INTO VICTIMS RIGHTS 3 Issues raised by submitters Many of the submissions we received from the public were from victims or complainants themselves or their family members. We would like to thank these submitters for sharing their personal, and sometimes extremely traumatic, experiences to assist us with our inquiry. The issues raised by public submitters can be grouped into six main areas: financial support (including compensation) services for victims police and court procedures courtroom layout recognition of and sensitivity towards victims organisational processes and policies (including information and communication). Financial support (including compensation) A number of submitters advocated more compensation for victims. Some described financial hardships resulting directly from crime, and argued that current reparation was inadequate. It was argued that victims should not be financially disadvantaged by crime, and that they should, at the very least, be restored to their financial positions before the crime. Some submitters also argued for more general financial support for victims, beyond compensation. Queries were raised about the role of the ACC in compensating victims, and its ability to provide appropriate support. Some submitters expressed a view that the Crown should accept the initial burden of reparations to victims. Some submitters also queried the justice of the amount of legal aid support provided to offenders, which was perceived as unfair to victims. Services for victims Many submitters were critical of the level of service available to victims, and of the fact that it seemed to cease with the conviction of the offender. These submitters called for a more accessible, comprehensive, and sustained system of support services for victims, which should continue as long as they were needed. Other suggestions included free counselling for victims of crime for as long as necessary a legal adviser to provide free advice or legal representation for victims a dedicated victims advocate and victims liaison officers 16

17 ISSUES RAISED BY SUBMITTERS I.7C more and better information for victims, and better access to complaints procedures faster and more comprehensive support for victims of violent or sexual crime a system for considering victims feedback on their experiences. Evidence from a number of victim support groups provided an insight into the support currently available for victims of crime. Agencies such as Victim Support rely heavily on volunteers to administer the services they provide. These agencies noted that, while their work is valuable and appreciated, the volunteer service model is not always adequate; they considered that such organisations must also be resourced to provide properly trained staff for the more technical and specialised roles. Police and Court procedures Many victims of crime and complainants expressed dissatisfaction about their treatment during the investigation, trial, and general aftermath of the crime. Many felt that police and court procedures had treated them callously. A number told us that they felt that the interests of the Crown had superseded their interests in the trials. They expressed anger at having been made to feel they were an inconvenience to the police and the judicial system. A recurring area of concern was the role of victim impact statements, with submitters complaining that judges had disregarded their statements, or that their content had been diluted. Some particular areas of dissatisfaction emerged: lack of guidance for victims or complainants during the trial process a perceived disparity in support for victims of crimes compared with that afforded to defendants a desire for more input than victim impact statements a sense that courts re-victimise victims of crime or complainants by making them relive difficult events lack of notification to victims and complainants of important parts of court processes and parole hearings. Courtroom layout It was argued that the current design of courtrooms is insensitive to the needs of victims of crime and witnesses. A key concern raised was that the victims or complainants of violent or sexual crime are forced to relive traumatic events in full view of the accused. Some submitters complained that as victims and witnesses they were forced to sit next to supporters of the offenders, to use common access to the courtroom, and otherwise be in the vicinity of supporters of the offender, and at times the offender. Concern was expressed for the well-being of witnesses who were forced to face the accused, especially in cases of sexual crime. Submitters suggested using screens and alternative entrances for victims and witnesses, or providing specific rooms for the use of victims and their supporters. 17

18 INQUIRY INTO VICTIMS RIGHTS Recognition of and sensitivity towards victims A common theme was the need for better understanding of victims of crime and complainants in general, throughout the judicial system. A number of submitters recounted dealings with the police, the courts, and lawyers that suggested a lack of awareness of the impact of official proceedings on victims. Some went as far as to argue that certain provisions in the Victims Rights Act were not being properly observed. There was specific concern that the authorities were not receptive to the needs of victims of particularly traumatic crimes such as sexual offences, domestic violence, and violent crime generally. Organisational processes and policies Many submitters recounted their experiences of dealing with various Government organisations, including the Police, the Police Complaints Authority, 5 the ACC, and healthsector organisations. They felt that that these organisations treated them with little sensitivity and subjected them to long periods of waiting or a lack of response. Many received uncoordinated and even directly contradictory responses to their queries from within particular organisations. The theme was a general lack of transparency in organisational processes including complaints processes and a lack of information on how processes and policies are applied to victims. There was a call for better information and lines of communication between victims and the agencies dealing with them. 5 Now the Independent Police Conduct Authority. 18

19 SYSTEMS AND PROCESSES IN THE STATE OF VICTORIA I.7C 4 Systems and processes in the state of Victoria The state of Victoria in Australia has recently implemented the Charter of Victims Rights Act 2006, and even before this Victoria appeared to be leading the way in its treatment of victims within the criminal justice system. In the course of our inquiry we visited Melbourne and met various organisations to discuss victims rights, and to gather information on the systems and processes for victims in the state of Victoria. We visited the Victim Support Agency (Department of Justice), the Victims Advisory Unit of the Victoria Police, the Victims of Crimes Assistance Tribunal, the Neighbourhood Justice Centre (Yarra), the Sentencing Advisory Council, Victoria Legal Aid, the Victorian Equal Opportunity and Human Rights Commission, representatives of the Victoria Legal Services Panel and the Law Reform Committee of the Parliament of Victoria. We are impressed with the commitment Victoria demonstrates to victims and their rights, and the way issues related to victims are addressed by agencies in the state. The range of services available to victims, the way they are coordinated, monitored, and delivered, and the focus of agencies on victims indicates an understanding of the issues involved, and a commitment to ensuring that victims are not re-victimised by the criminal justice process. We understand that the charter is a reformulation of existing rights, rather than an introduction of entirely new concepts. The implementation of the charter has, however, confirmed the importance the state places on victims rights. It provides guidance for organisations dealings with victims, and a benchmark against which their efforts can be measured. The implementation and monitoring of charter responsibilities has been well thought out; the governance arrangements for the charter include representatives of key agencies dealing with victims, including the heads of the Office of Public Prosecutions, the Police, the Courts, and the Director of the Victims Support Agency (Department of Justice). Victim Support Agency (Department of Justice) We were extremely impressed with the Victims Support Agency (VSA), and suggest that there is a gap in New Zealand s current arrangements. The VSA is a branch of the Victorian Department of Justice. It represents victims of crime and coordinates a whole-ofgovernment approach to services for victims. It provides practical assistance to help victims recover from the effects of crime, and coordination with the service system so victims do not need to tell their stories repeatedly. We consider that at the very least the monitoring and coordination element of this agency might be usefully duplicated in the New Zealand context. Background The VSA was established as an operational unit responsible for referring victims to appropriate services, and for providing them with information and support. It was subsequently re-established with a more strategic focus, providing policy services as well as operations. The agency now consists of four business units: 19

20 INQUIRY INTO VICTIMS RIGHTS Victims services, which runs the Victims of Crime Helpline and counselling system, and provides housing and financial assistance and case counselling Strategic projects and policy and research Women s policy area Victims charter area. The budget of the agency is approximately A$7 million, with A$5 million allocated for funding the Victims Assistance Counselling Programme (discussed below). Direct support for victims The VSA provides direct support for victims throughout the criminal justice process. It operates a free central Victims of Crime Helpline staffed by specially trained Victim Support Officers. Approximately 5,000 to 6,000 calls are received each year (about 100 a week). Through the helpline, the agency operates as an initial point of contact for victims on various matters (including complaints, requests for advice or information, and referrals), and staff can provide various kinds of support and assistance. The VSA also funds a network of local Victims Assistance and Counselling Program (VACP) workers. The programme is managed by the Department of Human Services, and provides a network of services throughout Victoria to help the victims of violent crime. The programme provides information, and crisis, practical, and court support, and assistance with police reports and applications for reimbursement of expenses incurred as a result of crime. It also provides links to other specialist services. Short-term counselling is available for victims of violent crime and victims of domestic violence who have been granted an intervention order. People can also be helped to apply for additional counselling services through the Victims of Crimes Assistance Tribunal. We consider that having one clear point of contact for victims would help prevent some of the frustration submitters expressed about the multiple organisational processes with which they were forced to deal. It would also help ensure that all the relevant information reached victims, that they were referred to appropriate services if necessary and had some support in dealing with organisational processes, and that other organisations carried out their responsibilities towards victims. Recommendation 1. We recommend to the Government that it establish and resource a programme, similar to the Victims Assistance and Counselling Program in Victoria, to provide counselling and other assistance to victims. Coordination and monitoring Throughout Victoria various services for victims are provided by community agencies (such as Presbyterian Support, Court Network, 6 and various organisations in the family 6 Court Network is a voluntary, non-legal court support service operating throughout Victoria. Trained volunteers provide information, support, and referral services to court users, including victims, at courts across the state. 20