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

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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

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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.

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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.

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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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A parent who has been identified as a person responsible for an act of violence against their child is unable to make an application on behalf of the child. In circumstances where the perpetrator remains with the family, this process will be done sensitively and be responsive to the safety needs of the child and the family.

3. Intervention with parental agreement

If information received about a child is subject to intervention with parental agreement indicates that the child 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. The CSO will encourage the parents to seek information about whether the child is eligible for support and financial assistance from Victim Assist Queensland. This includes situations where the child is subject to a child protection care agreement.

4. Child protection orders

A child subject to a child protection order granting custody or guardianship to the chief executive, who may have been a victim and potentially eligible for assistance through Victim Assist Queensland may be identified through case work activities, such as:  applications and affidavits for child protection orders  critical incident reports  review processes involving a serious injury to a child or child death  standards of care harm reports  criminal or civil court results received via an Integrated Justice Information System (IJIS) automated email  a Domestic and Family Violence alert created in ICMS.

The decision about when to make an application for a child person to receive assistance from Victim Assist Queensland should be made at the earliest possible time and in consultation with Legal Services. This action will be part of the case planning process for the child.

Legal Services will advise of the information required to support the application. The relevant Child Safety staff member will collate and provide the information to Legal Services in a timely manner.

If the incident has not previously been reported to the QPS, the CSO will report the incident in accordance with the Child Protection Act 1999, section 14(2), and advise Legal Services when this is done.

Interim or final child protection orders granting custody to the chief executive When a child is subject to an interim or final child protection order granting custody to the chief executive, the parent or guardian is responsible for facilitating an application for assistance from Victims Assist Queensland.

Child Safety may seek approval from Victim Assist Queensland to facilitate an application for assistance on behalf of a child subject to a custody order to the chief executive, where Child

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Safety provides, in writing, reasons why the parent or guardian is not fit to, or not in a position to, lodge an application on the child’s behalf. For example, a parent may have a mental health issue or may be an alcoholic, and the condition impedes their ability to follow through on making an application. Victim Assist Queensland considers applications on a case-by-case basis.

Child protection orders granting guardianship to the chief executive When a child is subject to a child protection order granting guardianship to the chief executive, the CSO will facilitate an application for assistance from Victim Assist Queensland on behalf of a child identified who has been injured through an act of violence.

Child Safety staff, in consultation with Legal Services, will identify opportunities to assist children apply for Victim Assist Queensland assistance for goods and services they may need to recover from physical, emotional or psychological injuries resulting from an act of violence in Queensland.

5. Respond when a child in care experiences harm

In circumstances where a child has experienced harm, including sexual abuse, while placed in care, consult with Legal Services to determine if an application should be made to Victim Assist Queensland. For more information on responding to a child who has experienced sexual abuse while in care, refer to Chapter 5, 15. What if a child is sexually abused whilst in out-of-home care?

6. Review a case plan As part of each case plan review process for a child subject to a child protection order granting custody or guardianship to the chief executive, determine whether the child may have been a victim of an act of violence.

Where it is assessed that the child may have been a victim of an act of violence, gather information from the following sources to determine whether information about Victim Assist Queensland has been provided and whether the incident has been reported to the QPS:  case records and ICMS  Legal Services  the child  the child’s parent  the child’s carer, if applicable.

Where information about Victim Assist Queensland has not been provided to date, provide the child, their parent, carer or guardian, as applicable, with information about Victim Assist Queensland and advise them that support and assistance may be available. Following this, the CSO will:  liaise with Legal Services about the possibility of an application being made on behalf of the child - refer to 3.1 The role of the CSSC and Legal Services  report the incident to the QPS, in accordance with the Child Protection Act 1999, section 14(2), if it has not already been reported

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 include information about any application to Victim Assist Queensland, or potential future application for assistance in the child’s case plan.

7. Transition to adulthood When a young person has been a victim of crime is transitioning to adulthood, refer to Chapter 5, 2.10 Plan and support the young person’s transition from care to adulthood, and include the following information in the young person’s transition to adulthood plan or other relevant documents:  that consultation is occurring, or has occurred, with Legal Services  that an application for assistance from Victim Assist Queensland has been or is being made on behalf of the young person or  that the young person, or their parent or guardian, if applicable, has been advised to consider applying for assistance from Victim Assist Queensland at a later date and provided with information to support an application.

Applications for financial assistance or reimbursement do not remove the obligation of Child Safety to provide children subject to child protection orders with goods and services they may need to recover from physical, emotional or psychological injuries resulting from an act of violence committed in Queensland. The cost of goods and services will be met through relevant child related cost payments while the child remains in the custody or guardianship of the chief executive.

It is important to continue to use child related cost payments to meet counselling costs and other relevant services, to ensure funds granted by Victim Assist Queensland are preserved for when the child turns 18 to meet ongoing post-care support needs. Legal Services will provide guidance in relation to the use of grants.

When a child who has been a victim of crime is transitioning to adulthood, Child Safety will inform the Legal Services, and Legal Services will arrange for the release of funds from the Public Trustee and, where relevant, seek the reimbursement of fees from Victims Assist Queensland for the young person. 3. Make an application to Victim Assist Queensland

Victim Assist Queensland is a complementary scheme and will only pay for goods and services that have not already been covered by another scheme, such as Workcover, Medicare, Centrelink, private insurance, or in the case of a child subject to a child protection order granting custody or guardianship to the chief executive, child related costs. Refer to the Victim Assist Queensland website for further information in relation to eligibility, application processes and support services available.

3.1 The role of the CSSC and Legal Services

Where a child has been injured due to an act of violence, consult with Legal Services as soon as possible and advise them of the incident. Alternatively, Legal Services will approach a CSSC if they become aware of an incident about a child.

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When making an application to Victim Assist Queensland on behalf of a child in the custody or guardianship of the chief executive, the CSO will:  talk with the child, where it is considered developmentally appropriate, and provide information about Victim Assist Queensland and potential assistance available  gain consent to make an application on the child’s behalf  consult with Legal Services for guidance on the application and the appropriate forms  complete the application, collate the required information and provide it to the Legal Services.

Legal Services will:  quality assure the application and information provided by the CSSC  submit the application to Victim Assist Queensland and will be the centralised contact point for Child Safety  request a CSSC response to any further information or application requests from Victim Assist Queensland received at the Legal Services and  advise the CSSC of any decision made by Victim Assist Queensland  inform the CSSC and liaise with the Public Trustee of Queensland and also Office of the Director of Public Prosecutions, if relevant.

The CSO with casework responsibility will inform the victim of the outcome.

When a young person granted financial assistance through Victim Assist Queensland is transitioning from care to adulthood, prior to reaching eighteen years, the CSO will inform Legal Services. Legal Services will liaise with the Public Trustee for release of the funds in a timely way.

Where a child has experienced sexual abuse while placed in care under an interim or final child protection order, contact Legal Services to determine if the child may be eligible for assistance and should be referred to Victim Assist Queensland.

3.2 Make an application

Where a child has been injured due to an act of violence, decide when to make an application to receive assistance from Victim Assist Queensland at the earliest possible time, in consultation with Legal Services, as part of the case planning process for the child.

Legal Services will advise of the information required to support the application. The child’s CSO will collate and provide the information to Legal Services in a timely manner. An application is supported by information to help establish that the child has experienced an act of violence and has suffered an injury (as defined in the Victim of Crime Assistance Act 2009). Information collated may include:  the child’s birth certificate  a copy of the child protection order  the assessment and outcome from the investigation and assessment or the standards of care report  relevant associated case notes

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 information about counselling, therapy and medical treatment the child is or has received as a result of the act of violence  details of practitioners who are or have provided treatment.

This documentation will be provided with the application at the time it is lodged with Victim Assist Queensland to ensure timely assessment of the application.

In some cases, evidence that the child has suffered an injury will be available to Victim Assist Queensland through QPS and Queensland Court records. If evidence of injury is required, Victim Assist Queensland will formally request this from Legal Services.

If the incident has not previously been reported to the QPS, the CSO will report the incident in accordance with the Child Protection Act 1999, section 14(2) and advise Legal Services when this is done - refer to Chapter 10.2 Statutory obligation to notify the Queensland Police Service of possible criminal offences. https://www.csyw.qld.gov.au/childsafety/child-safety- practice-manual/chapters/10-general/10-2-statutory-obligation-notify-queensland-police- service-possible-criminal-offences

For more information on responding to a child who has experienced sexual abuse while in care, refer to Chapter 5, 15. What if a child is sexually abused whilst in out-of-home care?

3.3 Support the rights of a child during criminal proceedings

Where a child victim of crime is subject to a child protection order granting custody or guardianship to the chief executive and the offender has been charged, the CSO will notify Legal Services. Legal Services will liaise with the Office of the Director of Public Prosecutions (ODPP) to monitor Court and sentencing processes and advise the CSO of the outcome of these matters.

In some circumstances, the ODPP may directly contact the CSSC in relation to specific processes or requirements that need to be communicated to the child, the child’s carer or a residential care service. The information to be provided may relate to matters such as Court dates, requirements to attend Court for pre-recording of evidence, preparation of victim impact statements or consenting for a PACT volunteer.

The CSO is responsible for coordinating all communication between the ODPP and the child, carer or residential care service. Contact details for the child, carer or residential care service are not to be provided to the ODPP. The CSO is to liaise with ODPP to ensure Child Safety is aware of sentencing processes and able to provide adequate support and to ensure the child’s private information is not given to a person or service who is no longer caring for the child.

Legal Services will assist the CSO identify any action needed to support the rights of the child as a victim and witness during criminal proceedings against the offender and in circumstances where the offender has been charged, in accordance with the obligations of Child Safety under the Victims of Crime Assistance Act 2009 Charter of Victims’ Rights.

3.4 Manage a financial benefit from Victim Assist Queensland

Legal Services will arrange for any financial benefit received in response to a Victim Assist application by a child subject to a child protection order granting custody or guardianship to

Chapter 10.20 Victims of crime and the role of Victim Assist in Queensland November 2018 10 the chief executive, to be managed through the Public Trustee of Queensland in accordance with the Child Protection Act 1999.

The Public Trustee may debit the child’s account for management fees. If this action has been taken, contact Legal Services to discuss whether Victim Assist Queensland may reimburse these management costs to the child. Resources

External resources  Victim Assist Queensland

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