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10.20 Victims of Crime and the Role of Victim Assist Queensland

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10.20 Victims of Crime and the Role of Victim Assist Queensland 10.20 Victims of crime and the role of Victim Assist Queensland Purpose This procedure outlines the obligations of Child Safety staff under the Victims of Crime Assistance Act 2009 when working with children, families and carers who may have been injured as a result of an act of violence. It outlines the process for advising relevant persons about Victim Assist Queensland, the administrator of Queensland Government's assistance scheme for victims of crime, which assists the recovery of victims who have been injured as a result of an act of violence. Key steps 1. Respond to victims of crime 2. Provide information to a victim of crime 3. Make an application to Victim Assist Queensland Standards 1. Parents, children, staff members and approved carers are informed of the role of Victim Assist Queensland and provided with appropriate information in a timely manner. 2. Eligible children either have an application made on their behalf, or are provided with the necessary information to enable them to make an application at an appropriate time. 3. Transition to adulthood planning processes consider making an application to Victim Assist Queensland and includes engagement with the young person to plan strategies and actions to manage any funds granted. Authority Child Protection Act 1999 Criminal Code Act 1899 Victims of Crime Assistance Act 2009 Chapter 10.20 Victims of crime and the role of Victim Assist in Queensland November 2018 1 Key steps - Victims of crime and the role of Victim Assist Queensland 1. Respond to victims of crime 2. Provide information to a victim of crime 3. Make an application to Victim Assist Queensland 3.1 The role of the CSSC and Legal Services 3.2 Make an application 3.3 Support the rights of a child during criminal proceedings 3.4 Manage a financial benefit from Victim Assist Queensland Chapter 10.20 Victims of crime and the role of Victim Assist in Queensland November 2018 2 1. Respond to victims of crime Under the Victim of Crime Assistance Act 2009, victims are those who have suffered harm due to acts of violence (for example, physical and sexual offences) that occur in Queensland and result in a physical, psychological or emotional injury. This definition also includes victims who have suffered harm due to: domestic and family violence being committed against them being a family member or dependent of the person who has had domestic and family violence committed against them a person who has been harmed as a direct result of intervening in domestic and family violence. Under the Victim of Crime Assistance Act 2009, Child Safety staff are responsible for: upholding the Charter of Victims’ Rights when working with victims of crime proactively providing victims of crime with information about services and financial assistance they may be eligible to receive from the Queensland Government through Victim Assist Queensland facilitating an application on behalf of a child identified as a victim of crime who is subject to an interim or final child protection order granting custody or guardianship to the chief executive. Responsibilities under the Charter of Victims’ Rights The Victims of Crime Assistance Act 2009 includes a Charter of Victims’ Rights which informs victims of crime about what they can expect from government departments and non- government agencies that support victims. The Charter of Victims’ Rights requires Child Safety staff to: treat victims with courtesy, compassion, respect and dignity maintain confidentiality of a victim’s personal information including address and telephone numbers, unless disclosure is authorised by law, and inform victims at the earliest practicable opportunity about available services and remedies. In addition, victims are to be informed of their right to make a complaint if they feel that a Queensland Government or non-government agency has behaved in a way contrary to the Charter. Victim Assist Queensland Victim Assist Queensland provides information and advice for victims of crime, including reporting an incident, assisting with access to available support services and leading and coordinating the victims’ services sector within Queensland. The Queensland Government provides financial assistance through Victim Assist Queensland to victims of acts of violence. This assistance is to pay for, or reimburse the costs of, goods and services victims may need to recover from physical or psychological injuries as a result of a violent crime committed in Queensland. Chapter 10.20 Victims of crime and the role of Victim Assist in Queensland November 2018 3 Under the Victims of Crime Assistance Act 2009, eligible victims can seek a range of support and assistance, depending on the victim’s individual circumstances, through Victim Assist Queensland, including: financial assistance to cover (or reimburse) the cost of counselling, medical and dental expenses, reasonable incidental travel expenses, safety and security expenses, loss of earnings and funeral expenses non-financial assistance, including referral to support services for victims of domestic and family violence, victims of sexual assault, victims who are under 18 years of age, victims of mentally ill offenders, Aboriginal and Torres Strait Islander victims of crime, relatives of homicide victims; and court support and legal support for victims of crime a special financial assistance payment for primary victims, between $1,000 and $10,000, in acknowledgement of the act of violence committed against them. Victim Assist will arrange for this payment to be held in trust by the Public Trustee of Queensland until the victim is 18 years old a dependency payment of up to $20,000, and a recognition payment of up to $10,000 for a related victim (family member of a primary victim that has died as a result of an act of violence). For further information about supports available and categories of victims and their eligibility for different types of assistance refer to www.qld.gov.au/victims. 2. Provide information to a victim of crime In accordance with the Victim of Crime Assistance Act 2009, Child Safety staff have an obligation to ensure that in any circumstance when it is believed that a child, family member, staff member or approved carer has been a victim of crime, the person has access to sufficient information to allow them to contact Victim Assist Queensland. In all cases provide this information in one of the following ways: the Victim Assist Queensland telephone number or email – telephone 1300 546 587 or email [email protected] details of the Victim Assist Queensland website email address a Victim Assist Queensland brochure. There are additional responsibilities for children subject to child protection orders, which are outlined below. Supporting victims - Protect all children today Protect All Children Today Inc. (PACT) is a community based not for profit organisation that has expertise in supporting child victims and witnesses of acts of violence throughout Queensland in the Criminal Justice System and provides child witness court support services in Queensland Courts. The Child Witness Support Program provides support for children who are required to give evidence in criminal courts, either as victims of, or witnesses to, a crime. Support is also provided to the child’s carers. Chapter 10.20 Victims of crime and the role of Victim Assist in Queensland November 2018 4 The QPS usually refers a child to PACT for support at the time the alleged offender is arrested. However, PACT can also provide support for a victim at earlier stages. It is important for Child Safety to provide consent for a child to receive support from PACT in a timely manner. Obligations to victims of crime across the child protection continuum The children and families that Child Safety works with may be victims of an act of violence and, depending on the specific circumstances, they may be eligible for support and financial assistance from Victim Assist Queensland to help them recover from the acts of violence experienced. 1. Intake When information received at intake includes allegations of harm to a child or other person resulting from an act of violence, the information may be too limited to assess that harm due to an act of violence has occurred. Where the information is sufficient, the RIS CSO will provide an alleged victim with information about services and assistance available through Victim Assist Queensland, where it is determined that a notification will not be recorded. However, where the notifier is a prescribed person (from a government department, or an employee from a non-government agency that provides a service to victims) under the Victims of Crime Assistance Act 2009, the notifier has a responsibility to inform the person of services and assistance available through Victim Assist Queensland. In feedback to notifiers who are first responders (such as QPS and Queensland Health), Child Safety may seek confirmation that the notifier has met or will meet their obligations under the Charter of Victims’ Rights. 2. Investigation and assessment If information provided during the course of the investigation and assessment indicates that a person may have been a victim of an act of violence, the CSO will provide the child or family member information about services and assistance available through Victim Assist Queensland. Where the outcome of an investigation and assessment is ‘substantiated - child not in need of protection’ or ‘substantiated - child in need of protection’ and the child remains in the home, the CSO will provide Legal Services with information about the child, the circumstances of the act of violence, and any injury experienced. Legal Services will provide staff with the relevant information resource and letter template to use to provide information to the victim, depending on the child’s age and capacity to understand the information, or the victim’s parent or guardian. After providing the information, the CSO will: document that the child has been identified as possibly being a victim of an act of violence and that information about how to contact Victim Assist Queensland has been provided record this information in a ‘CP case note’, sub-titled ‘Victim of crime’ in ICMS.
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