Reforms aimed at strengthening the voice of victims through the criminal justice process are set to commence tomorrow (April 1).
The new laws, known as 'Joanne's Law' were advocated for by Ron Lillecrapp, whose sister Joanne was murdered, as well as former Commissioner for Victims' Rights Bronwyn Killmier and current Commissioner Sarah Quick
Mr Lillecrapp had his victim impact statement edited in 2022 at a parole hearing for Joanne's murderer.
The reforms are aimed at addressing concerns around the lack of control and knowledge that victims have about providing a victim impact statement.
Under the reforms, the court will now be required to adjourn sentencing proceedings under certain circumstances to give victims a reasonable opportunity to prepare a victim impact statement.
In addition, victims will have to be informed about their right to provide a statement, and how it may be taken into account during the sentencing process.
Courts will also be unable to refuse to receive a statement on the grounds it contains irrelevant or inflammatory material, and instead will maintain the discretion to determine what parts of the statement are relevant to the sentencing process, reducing the need for any editing of victim's statements.
The time for victims to seek victims of crime compensation has also been extended to five years from either the date of the offence or the death of the victim – giving people more time to apply for compensation for their injuries resulting from an offence.
As put by Kyam Maher
While victims of crime may never be fully healed from the trauma they have experienced, it is important to ensure that measures are in place to ensure their voices are heard loud and clear through the sentencing process.
Putting steps in place to help give victims adequate time to prepare a victim impact statement, and ensuring there are clear rules around how any admissibility questions are dealt with will help them both have their say, and be heard.
Victim Impact Statements are an important part of the criminal justice process and victims deserve to have their voices heard.
I want to pay tribute to the advocacy of Ron Lillecrapp, the former Commissioner for Victims' Rights, Bronwyn Killmier and her successor Sarah Quick, who have advocated for this important reform to our laws.
As put by Commissioner for Victims' Rights Sarah Quick
Victim impact statements are an important stage of the criminal justice process and a vital opportunity for victim participation.
These are meaningful reforms for victims that strengthen a victim's right to participate and be heard authentically.
They ensure the voices of victims are not diluted or diminished.
