1 Introduction
The Victims’ Commissioner and Sexual Violence Review Board Act 2024 (Victims’ Commissioner Act) establishes the Victims’ Commissioner to promote and protect victims’1 rights and declares a charter of rights for affected victims.2 The victims’ charter advances the interests of affected victims by stating the rights that OIC is to observe when dealing with and providing services to affected victims under schedule 1, part 1, division 1.
1.2 Who is an affected victim?
Under section 38(1) of the Victims’ Commissioner Act, an affected victim is a person who suffers personal harm:
(a) because a relevant offence3 crime is committed against the person; or
(b) because the person is a family member or dependant of another person who suffered harm or dies because a relevant offence is committed against that person; or
(c) as a direct result of intervening to help another person who suffers personal harm or dies because a relevant offence is committed against the other person.4
1.3 Treatment of affected victims
Section 15 of the victims’ charter provides that an affected victim will be treated with courtesy, compassion, respect and dignity, taking into account the victim’s needs. OIC staff providing services to affected victims are therefore to take into account, and be responsive to, the particular needs of such individuals, including for example, needs relating to the victim’s age, sex or gender identity, race or indigenous background, cultural or linguistic diversity, sexuality, impairment, or religious belief. Note that under this section an affected victim includes a victim of domestic violence that is not a relevant offence.
If you are uncertain whether a victim of crime requires specific assistance, seeking their input is important; ask if they have any preferences or special needs in the context of the service you are providing. If you are uncertain as to how to accommodate particular needs or requests, you should speak with your direct supervisor for guidance.
1.4 Personal information
Under section 2 of the victims’ charter6, an affected victim's personal information, including their address and telephone numbers, held by OIC are not to be disclosed unless authorised by law.1
OIC staff are subject to the privacy principles in the Information Privacy Act 2009 (IP Act). The IP Act allows disclosure of personal information in a number of circumstances, including where the disclosure is authorised or required under a law. In addition, under section 110(6) of the Right to Information Act 2009 and section 123(6) of the IP Act, OIC is required to publish decisions of the Information Commissioner. Published decisions ordinarily include the last name of the applicant.
This means that generally an affected victim’s personal information should only be disclosed under legal authority or with the individual’s consent. In certain limited circumstances, having regard to the Victims' Commissioner Act's principles and the impact release of information could have on the victim, it may be necessary to ensure non-disclosure of additional non-identifying information. An example of this and the reasons for de-identifying the applicant is set out in 0ZH6SQ and Queensland Police Service.7
1.5 Information about services and remedies
Under section 38 of the victim's charter, affected victims are to be informed at the earliest practicable opportunity about services and remedies available to them. This applies only to the extent the information relates to OIC’s functions or is otherwise reasonable and practicable for OIC to provide.
OIC publishes a number of information sheets, including information about making applications under the RTI and IP Acts, making privacy complaints, applying for financial hardship, and seeking reviews of agency decisions, which are available on request to all members of the public through the OIC website.
OIC’s Enquiries Service operates from 8:30am to 4:30pm on business days and provides specific information in response to queries from members of the public, including affected victims. Where appropriate and/or requested, Enquiries staff provide enquirers with information about community legal organisations and other Queensland government agencies who may be able to assist them.
Other OIC staff who receive queries may refer enquirers to the Enquiries Service to provide them with information in accordance with section 3 of the Victims' Commissioner Act. All OIC staff are to make every reasonable effort to assist affected victims with their enquiries in relation to OIC’s functions.
1 Section 5 of the Victim’s Commissioner Act defines victim as a person who suffers harm:
- because a criminal offence is committed against the person; or
- because the person is a family member or dependant of another person who suffers harm because a criminal offence is committed against the other person;
- as a direct result of intervening to help another person who suffers harm or dies because a criminal offence is committed against the other person; or
2 See schedule 1, Charter of victims’ rights.
3 Section 39 of the Victim’s Commissioner Act defines relevant offence as an offence against the person of someone, a domestic violence offence, an offence against certain provisions of the Domestic and Family Violence Protection Act 2012, or an offence attempting to commit or conspire to commit, these offences.
4 See also section 38(3) and (4) of the Victims’ Commissioner Act for other persons included in definition of ‘affected person’.
5 See schedule 1, part 1, division 1 of the Victims’ Commissioner Act.
6 See schedule 1, part 1, division 1 of the Victim’s Commissioner Act.
8 See schedule 1, part 1, division 1 of the Victims’ Commissioner Act.
