Legal audits and supporting victims of crime

The NSW Charter of Victims’ Rights (the Charter) requires out-of-home care (OOHC) service providers to ensure that children and young people under their care who have been victims of crime, receive appropriate support to meet their needs. This may include making an application to Victims Services under the Victims Support Scheme for counselling and/or financial assistance.

This document outlines guidance for OOHC service providers in supporting victims of crime who are under the parental responsibility of the Minister.

References to Child and Family District Units (CFDU) relate to the local contact point for liaison with the Department of Communities and Justice (DCJ). In some instances this may be a Client Services Centre (CSC) rather than a CFDU.

Children or young people who are the subject of a Final Order allocating parental responsibility to the Minister for Families, Communities and Disability Services for a period of 2 years or more and are aged 15 years or older, or will leave care in less than 3 years, must be referred to DCJ Legal Services for a legal audit of their file.

If the child or young person falls into either of these categories, the following process is to be followed:

• Complete the NGO referral form for a legal audit and email it to the CFDU. Include any information known about siblings so that sibling groups are audited at the same time.
• Forward all files and relevant information to DCJ Legal Services within 10 working days of the confirmation of the audit. (Note: the legal practitioner will return any files/data storage device by courier to the OOHC service provider within 10 working days of the completion of the audit).
• If further evidence is required, advice will be provided to the OOHC Service Provider within 15 working days of actions to be taken to obtain further evidence. If further evidence is required from the OOHC service provider, it is to be forwarded to DCJ Legal Services within 10 working days of the request.

While a legal audit may result in an application to Victims Services it is not part of the Victims Services application process. Eligibility for Victims Services support might be identified by other means. Further information about services and eligibility can be found on the Victims Services website.

While the Charter applies to all victims of crime, some rights and entitlements only apply to victims of serious personal violence offences.

The following sections outline actions to be taken where it is believed a young person is a victim of a violent crime and may be eligible for counselling, financial support and/or a recognition payment from Victims Services.

DCJ will:

• Comply with the Charter of Victims’ Rights.
• Ensure children and young people under the parental responsibility of the Minister have access to all their rights and entitlements.
• Identify children and young people who are eligible for victims support at the earliest opportunity.
• Lodge all applications to Victims Services including for crimes that occur, or only become known, after case management transfer.
• Provide non-government agencies with information about any applications in progress at the time of case management transfer.
• Provide support and information for victims of crime. This includes the Aboriginal Contact Line, Victims Access Line, financial assistances, information about victim’s rights and other services.

Identify potential applicants and provide initial response

The Victims’ Rights and Support Act 2013 defines a victim of a crime as:

“A person who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of a criminal offence in New South Wales”.

If the person dies as a result of the act concerned, a member of the person’s immediate family is also a victim of crime for the purposes of the Act.

If a person is identified as a victim of crime as defined above, undertake relevant casework tasks. This includes, where appropriate, reporting the matter to Police and the Child Protection Helpline on 132 111.

Assess needs and eligibility

Speak with the child or young person and their carer to determine what supports are needed and ensure processes are in place to keep them up to date and informed.

Make referrals to supports. Ensure that Aboriginal or Torres Strait Islander children and young people are referred to culturally appropriate services.

Assess the victim’s potential eligibility for the various services available under the Victims Support Scheme.

Information about services and eligibility can be found in Section 8, Victims Support Scheme services and in more detail on the Victims Services website.

Recommend an application to Victims Services

If it is determined that a person was the victim of a serious personal violence offence and an application should be made to Victims Services on their behalf:

1. Contact the CFDU to check whether DCJ has lodged an application on behalf of the child or young person.
2. Prepare the evidence and provide it to the CFDU along with a completed Recommendation for application to Victims Services The CFDU will assess the child or young person’s potential eligibility for the services available under the Victims Support Scheme and complete the application, noting that:
   • Financial assistance for immediate needs requires a police or government / government-funded organisation report that provides details about what happened, or a medical, dental or counselling report that shows how the violent crime has affected the young person.
   • Financial assistance for economic loss requires a police or government / government-funded organisation report that provides details about what happened, and a medical, dental or counselling report that shows how the violent crime has affected the young person. Full particulars of any economic loss for which the assistance is sought is also required. In the case of actual expenses: receipts, invoices or other approved forms of substantiation of the expenditure incurred or to be incurred. In the case of actual loss of earnings: the name and address of the employer, the period of absence from work and a statement from the employer substantiating those particulars.
   • Recognition payment requires a police or government / government-funded organisation report that provides details about what happened, and a medical, dental or counselling report that shows how the violent crime has affected the young person.
3. If there is insufficient evidence on the child or young person’s file to support the application, contact the CFDU to discuss.
4. Ensure any material which shows the identity of other parties has been redacted from the evidence pursuant to section 29 of the Care Act.

Continue to provide support and information to the victim

The CFDU will inform the service provider of the outcome of the application upon receiving the Notice of Determination. The service provider will pass this information on to the child or young person and their carer.

If counselling has been approved by Victims Services, assist the victim to book and attend counselling appointments.

If an application is dismissed, or the amount awarded is not considered appropriate, contact the CFDU or your regular DCJ contact. DCJ can request an internal review by Victims Services within 90 days of the date on the Notice of Determination. If the internal review is unsuccessful, DCJ may decide to appeal to the NSW Civil and Administrative Tribunal (NCAT).

The CFDU will keep the service provider informed throughout the review and appeal process and the service provider will in turn keep the victim and their carer informed.

Support for victims of non-violent crime

Victims of a non-violent crime are not entitled to assistance from Victims Services. It is recommended that an appointment be arranged with a counsellor if the victim wishes this and / or with a general practitioner to develop a Mental Health Care plan.

Victims Impact Statements

A Victim Impact Statement (VIS) is a written statement about the impact that a crime has had on a victim of crime. If a child or young person is eligible for making a VIS in accordance with the Crimes Sentencing Procedure Act 1999 and wants to make a VIS, liaise with:

• the CFDU,
• other agencies involved, such as Police, to make sure that the victim is appropriately supported to prepare the statement and provide it to the court.

Complaints

If a victim of crime (or their carer) believes that any agency has breached the Charter of Victims’ Rights, ensure the person is given information on the agency complaint process. If the complaint is not resolved to their satisfaction advise them to contact Victims Services. Victims Services can help make a complaint to the relevant agency.

Victims of crime who are not under parental responsibility of the Minister

If a person identified as a victim of crime is not under the parental responsibility of the Minister (e.g. a family member of a child or young person in OOHC):

• Advise the victim (or their non-offending parent/carer) that they may be eligible for support from Victims Services for example, if a person has been a victim of an act of violence.
• Ensure the victim (or their parent/carer) has access to the Charter of Victims Rights and provide details of the Victims Access Line, and/or Aboriginal Contact Line.
• If the victim of crime (or their parent/carer) believes that any government or non- government agency has breached the Charter, the person should be provided with information on how to make a complaint.

The NSW Victims Support Scheme provides supports to victims of violent crime in NSW including:

1. Information, referrals and advice – Available to anyone who requires information and support around dealing with the impacts of violent crime

2. Counselling - Available to primary and secondary victims of violent crime and immediate and relevant family members of homicide victims

3. Financial assistance for immediate needs – Available to primary victims of violent crime and immediate family members of homicide victims

4. Financial assistance for economic loss – Available to primary victims of violent crime and immediate family members of homicide victims

5. Recognition payment – Available to primary victims financially dependent family victims and children under 18 years at the time of death

To be eligible for financial assistance and/or recognition payment, clients must establish they were a primary victim of an act that occurred in the course of the commission of an offence which has involved violent conduct and has resulted in injury (physical or psychological) or death. Various timeframes apply. Further information is available in the Victims Support Scheme - Detailed guide.

Who can apply

People who can obtain victims support are described as different types of victims and have access to different levels and amounts of support.

Victims support is available to the following:

A primary victim of an act of violence

• Who is a person who is injured or dies as a direct result of the act of violence, OR:
• trying to prevent another person from committing that act, OR
• trying to help or rescue another person against whom the act is being committed or has just been committed, OR
• Trying to arrest a person who is committing, or has just committed, that act.

A family victim of an act of violence

• A member of the immediate family of a primary homicide victim (A relevant family member of a primary victim of homicide can also apply for counselling)

A secondary victim of an act of violence 

• A person injured as a direct result of witnessing the act of violence against a primary victim, OR
• A parent or guardian of a child primary victim who is injured as a direct result of becoming aware of an act of violence committed against their child.

If you require further assistance contact the Victims Access Line on 1800 633 063 or Aboriginal Contact Line on 1800 019 123, staff can provide you with information and guide you through the process of seeking assistance from Victims Services.

Information is also available from the following web sites:

• Victims Services 
• Victims Support Scheme