Terms of Reference

Common words and phrases used in the Terms of Reference

Terms of Reference

The Victims’ Commissioner is reviewing the Charter of Victims’ Rights. The review is guided by the Terms of Reference.

Having regard to:

• the report of the Women's Safety and Justice Taskforce, Hear her voice: Report two - Women and girls' experiences across the criminal justice system, including recommendations 19 and 20
• the Legal Affairs and Safety Committee Report No. 48, 57th Parliament, Inquiry into support provided to victims of crime including recommendations 2, 3 and 11.

the Victims’ Commissioner will undertake a systemic review of Queensland’s Charter of Victims’ Rights (the Charter), pursuant to section 9(a) of the Victims’ Commissioner and Sexual Violence Review Board Act 2024.

Scope

In undertaking this review, the Victims’ Commissioner will consider:

• the purpose of the Charter, including whether the purpose reflects contemporary community expectations
• the scope of the Charter, including the sufficiency of rights stated in the Charter and how the Charter interacts with other relevant legislative frameworks, in meeting the needs of diverse victims
• the application of the Charter, including the types of victims who have rights under the Charter, and which entities have obligations to uphold the Charter and the context in which rights apply
• the operation of the Charter in practice and what impact it has on the experiences of victims, people supporting victims and those responsible for upholding the Charter
• the awareness and understanding of the Charter
• the enforceability of the Charter, including the scope and purpose of current complaints mechanisms
• the accountability of entities and individuals with obligations under the Charter
• the accessibility of Charter rights and complaints processes to victims and people who support victims
• innovative approaches to protecting and promoting the rights of victims, including approaches in other jurisdictions
• any other matters relevant to the operation of the Charter relating to victims, including whether there are issues requiring further inquiry (whether by the Commissioner or another body).

In considering these matters, the Victims’ Commissioner will make targeted and meaningful recommendations aimed at promoting and protecting victims’ rights. The Victims’ Commissioner will consider whether recommendations are compatible with rights protected under the Human Rights Act 2019.

Approach

In undertaking the review, the Victims’ Commissioner will take a trauma-informed, person-centric, rights- and strengths-based approach, which is supported by the Victims’ Commissioner’s commitment to being knowledge-driven and evidence-based. Through the review, the Office of the Victims’ Commissioner will seek to cultivate genuine relationships which recognise collective responsibility.

Noting section 11 of the Victims’ Commissioner and Sexual Violence Review Board Act 2024, the Victims’ Commissioner will have regard to the diversity of victims of crime in Queensland, including (but not limited to) the following cohorts:

• victims of sexual violence or domestic and family violence
• Aboriginal and/or Torres Strait Islander victims
• victims who have characteristics that may make them particularly vulnerable to harm, including:
  • women
  • children and young people
  • victims from a culturally or linguistically diverse background
  • victims with disability
  • victims who are lesbian, gay, bisexual, transgender, intersex, queer, asexual +
  • elderly victims
  • victims who have experience as accused persons, or have been convicted, or incarcerated.

In conducting the review, the Commissioner will consider relevant consultation and findings from other completed or ongoing reviews or inquiries with a focus on reducing duplication of existing work and identifying opportunities to explore new ground, including (but not limited to):

• the reports of the Women’s Safety and Justice Taskforce: Hear her voice: Report one – Addressing coercive control and domestic and family violence in Queensland and Hear her voice: Report two - Women and girls' experiences across the criminal justice system
• the report of the Commission of Inquiry into Queensland Police Service responses to domestic and family violenceA Call for Change
• the report of the Independent Reviewer of the Human Rights Act 2019
• the Queensland Sentencing Advisory Council’s review of sentencing for rape and sexual assault and domestic violence
• the findings of the former Youth Justice Reform Select Committee
• the former Legal Affairs and Safety Committee inquiry into support provided for victims of crime
• the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
• the Royal Commissioner into Institutional Responses to Child Sexual Abuse
• the Australian Law Reform Commission’s inquiry into justice responses to sexual violence
• the Queensland Law Reform Commission’s review into defences for particular criminal offences
• the Queensland Law Reform Commission’s review into non-fatal strangulation
• findings of the Domestic and Family Violence Death Review Board
• findings of the Child Death Review Board
• the Office of the Public Advocate’s review into adults with cognitive disability in the criminal justice system
• reviews of Victims' Charters in other Australian jurisdictions.

In undertaking this review, the Victims’ Commissioner will identify and consult with the community and relevant stakeholders across Queensland, including (but not limited to):

• People with lived and living experience as victims of crime
• Aboriginal and Torres Strait Islander peoples and community-controlled organisations
• Legal stakeholders
• Non-government service providers that interact with victims (e.g  sexual assault support services, domestic and family violence support services, victim support services, disability support services, community and social support services)
• Relevant government agencies (e.g Queensland Police Service, Office of the Director of Public Prosecutions, Department of Youth Justice and Victim Support, Queensland Corrective Services)
• Relevant peak bodies or organisations
• Academics
• Research organisations.

Timeframe

The Commissioner will provide a report on the review of the Charter to the Minister for Youth Justice and Victim Support and Minister for Corrective Services by December 2026.