Victims of Crime Guidelines
These guidelines outline how a victim of crime should be treated by all Government departments, as well as any person or agency contracted by the Government to work with victims of crime (excluding private legal officers and medical practitioners). If you feel that a service provider has not met your needs according to these guidelines, you may be able to submit a complaint.
Guidelines
Show moreThe 12 guidelines are as follows:
- All victims should be treated with courtesy, compassion and respect
A victim should be treated with courtesy and compassion and with respect for the victim’s dignity.
- Victims should have access to counselling
A victim should be given access to counselling about the availability of welfare, health, medical and legal assistance services and criminal injuries compensation.
- Protection by law
Victims should be informed about what protection the law can offer against violence and intimidation by the offender.
- Inconvenience to victims should be minimised
The process to resolve cases may be long and complex and may involve investigations, charges, a trial, sentencing and an appeal. Evidently some inconvenience is inevitable, but victims should expect it to be kept to a minimum. Wherever possible, victims’ needs should be addressed by the government agency concerned.
- Privacy of victims is protected
It is vital that the privacy of victims is protected as they deal with Government agencies. However, agencies may share your information in some circumstances to improve the level of service you receive. Where appropriate, you should identify yourself as a victim and ask for the service that will make you feel more comfortable. For example, victims have the right to have discussions in a private interview room.
- Staying informed as a victim
As a victim of crime, you can request to be kept informed about:- the progress of the investigation into the offence (except where to do so may jeopardise the investigation)
- charges laid
- any bail application made by the offender
- variations to the charges and the reasons for variations.
- Staying informed as a witness
As a victim who is also a witness in the trial of the offender, you should be informed about the trial process and your role as a witness in the prosecution of the offence.
- Sentence and appeals
As a victim, you can ask to be informed about any sentence or order imposed on the offender, as a result of the trial and about any appeal and the result of any appeal.
- Return of Property
A victim’s property held by the State or the police for the purposes of investigation or evidence should be returned as soon as possible.
- Supervised release
Arrangements should be made so that a victim's views and concerns can be considered when a decision is being made about whether or not to release the offender from custody (except at the end of a term of imprisonment).
- Offender release
As a victim, you can ask to be informed about the impending release of the offender from custody and about the community justice centre branch where the offender has to report. You can arrange to be informed of these matters by contacting the Victim Notification Register.
- Offender escape
As a victim, you can ask to be informed of any escape from custody by the offender. You can arrange to be informed of these matters by contacting the Victim Notification Register.
How to make a complaint
Show moreIn the first instance, you are encouraged to submit a complaint directly to the relevant agency. Below are the appropriate steps based on the nature of your complaint.
Criminal Injuries Compensation
If your complaint is regarding the Criminal Injuries Compensation process, the status of your application, wait times for claim assessments, or any other concerns related to your compensation, please contact the Criminal Injuries Compensation office directly for further assistance.
The Office of Criminal Injuries Compensation can be contacted via:
Email:
Phone: 61 8 9425 3250
Location: Level 10, Golden Square, 32 St Georges Terrace, PERTH WA 6000criminal.injuries@justice.wa.gov.au
If your complaint is due to being dissatisfied with decision of the Assessor or you receive an award for compensation that you consider to be unsatisfactory, can appeal the decision or amount awarded to the District Court of Western Australia.
Visit the Criminal Injuries Compensation Appeals page on the District Court’s website or contact them via:
Phone: 61 8 9425 2128
Email:
Location: 500 Hay Street, PERTH WA 6000districtcourt@justice.wa.gov.au
WA Police Force
If your complaint relates to misconduct or unprofessional behaviour involving a WA Police Force employee, lodge a complaint with WA Police Force directly.
You are welcome to visit the WA Police Force Complaints page for more information. There are various ways to lodge a complaint regarding employee misconduct:
- Complete a report via the Online Complaint Portal
- Call or visit your local Police station
- Call the Police Conduct Investigation Unit on 6372 6000
- Email Police.Complaints@police.wa.gov.au or
- Write to Police Conduct Investigation Unit, Locked Bag 6, Cloisters Square, WA 6850
If your complaint relates to a service delivery issue, please lodge a complaint with WA Police directly through the WA Police general Enquiry portal.
Court Decisions
If your complaint concerns decisions made by the Courts, please refer to the appeal process for the respective Court. Each Court in Western Australia has a defined process for challenging or appealing court decisions.
Magistrates Court: For decisions made in the Magistrates Court, appeals can be made to the District Court. For further information on the appeal process, visit the District Court website.
District Court or Supreme Court: If you wish to appeal a decision made in the District or Supreme Court, the appeal process can be initiated through the Court of Appeal. For specific guidelines on how to lodge an appeal, visit the Supreme Court website or Legal Aid’s Appeal Kit’s.
If you are unsure of the process or need assistance, it is recommended to seek legal advice.
Judiciary Members
Complaints about a member of the judiciary should be made in writing to the Chief Justice. Complaints will be dealt with in accordance with the Protocol for Complaints Against Judicial Officers in WA Courts.
You can contact the respective court to seek more information about the complaints process.
Lawyers or Legal Settings
If you were unsatisfied with the service you received from your lawyer, or the costs they have charged, please visit the Legal Practice Board of WA’s complaints page.
For more information about the complaints process, you can also visit Legal Aid’s Complaints against Lawyers page.
Ombudsman WA
The Ombudsman investigates complaints relating to the decision making and practices of WA Public authorities, including:
- State Government departments, agencies and boards;
- Government services such as hospitals, prisons, schools and technical colleges;
- Public universities and;
- Local governments
Visit the Ombudsman website for further information on how to lodge a complaint.
Corruption and Crime Commission
The CCC only investigates matters which are serious and have a significant impact in improving the integrity of the public sector.
For complaints relating to serious misconduct in the WA Public Sector, visit the Corruption and Crime Commissioner reporting page for assistance.
Commissioner for Children and Young People
If your complaint relates to a service provided to a child or young person who is a victim of crime, please refer to the Commissioner for Children and Young People complaints webpage.
Breach of Victim Guidelines online complaint form
If you have been unable to resolve your complaint via the options listed above, or you do not feel comfortable contacting the agency directly, you may wish to complete our online complaint form.
Note: The Office of the Commissioner for Victims of Crime strives to support victims of crime to resolve complaints; however, does not have the power to investigate or intervene.
You will be asked to give the Office of the Commissioner for Victims of Crime permission to speak to the agency on your behalf. If you choose to provide this authority, we may be able to resolve the issue on your behalf. The Office aims to resolve your complaint within a 21-day period. However, depending on the type of complaint, it may take longer.
If you do not choose to provide this authority, the Office of the Commissioner for Victims of Crime will not be able to act on your behalf to resolve the complaint. However, the matter will still be noted and used for reporting and identifying trends.
If you would like further assistance, contact the Office of the Commissioner for Victims of Crime on 1800 214 655.
