Victims’ experience must inform charter compliance

I asked Victim Support Minister Natalie Hutchins MP if the apparent exclusion of victims from consultations to make sure the Victims’ Charter works will be rectified.

Ms MAXWELL (Northern Victoria) (17:54):

My matter is for the Minister for Victim Support. It relates to the processes currently being undertaken by the victims of crime commissioner, Fiona McCormack, to develop a framework for compliance with the Victims of Crime Commissioner Regulations 2020.

In essence, these regulations govern the services provided by various organisations to Victorian victims of crime, particularly those organisations’ obligations to comply with the principles laid out in the state’s official Victims’ Charter.

In theory, it is actually a really good idea to strengthen that compliance. It is also desperately needed and is consistent with similar sentiment elsewhere, including Canada, for example, where there has been considerable recent focus on overhauling their victims bill of rights and thereby replicating best practice models in countries like England and France.

However, I am puzzled by some of the aspects of how this process is occurring here in Victoria.

First, it seems the commissioner was only asked to undertake this work either after or not long before the regulations actually came into force. So she is not scheduled to complete this process at the earliest until the regulations have already been in operation for around two years.

Second, from reading a discussion paper the commissioner released in March, it appears that it is purely the relevant organisations and agencies themselves that are being invited to provide their perspectives and feedback.

As happens far too often, it again seems there is not enough consideration or priority—maybe even none in this case—being afforded to the needs and lived experiences of victims of crime themselves.

Anyone who has read the 2018 Victorian Law Reform Commission or the 2020 Centre for Innovative Justice reports on victims of crime services and assistance in Victoria or indeed anyone who has talked to even just a few victims of crime will know they almost all have very important stories to share about how they have been let down by the current system.

In a process such as this, I would therefore have thought that those experiences and insights should have been regarded as incredibly instructive in examining where and why the victims charter is being breached and how future breaches can best be averted.

So the action I seek from the minister is for her to provide a clear explanation of why victims of crime have seemingly been excluded from consultation for the development of the compliance framework and whether this apparent oversight will be rectified in the course of the remaining year of the project.