Reforms we will deliver to support victims of crime

Delivering the new Financial Assistance Scheme for victims of crime

For too long victims have faced delays when trying to access the financial support they need to recover from the impacts of crime. For many victims, going to a court-based tribunal exacerbates their trauma. As a result, far too many victims give up or just do not apply for the help they need. Negative experiences with the current system are one of the most frequent complaints made by victims of crime.

The message from victims is clear, the current judicial model administered by the Victims of Crime Assistance Tribunal (VOCAT) does not serve them well. That is why the 2021-22 State Budget invested $54.6 million to develop a new Financial Assistance Scheme for victims of crime to replace VOCAT and give victims meaningful and long-anticipated reform.

The new Financial Assistance Scheme will enable victims to access the support they need to recover from injuries sustained from the impact of violent crime. Financial assistance enables victims to access funding for a range of purposes including safety related expenses, funerals, counselling and other health related expenses.

The new Financial Assistance Scheme is a landmark reform for Victoria. It will transform victims' experiences by delivering financial assistance that is timely, trauma-informed and accessible. It will reduce the re-traumatisation of victims by removing formal hearings, dealing with applications much more quickly and better integrating the scheme with the victim support system. The Financial Assistance Scheme will provide a better way to acknowledge the harm victims have experienced and will also reduce the need for lawyers by making the application process simpler and easier to navigate. We will continue to consult closely with key stakeholders on the design of the new scheme ahead of its implementation.

In the meantime, VOCAT has been provided $9.9 million to help clear the current backlog of cases and enable a smooth transition to the new scheme. In November 2020, amendments to the Victims of Crime Assistance Act commenced to increase flexibility in decision-making at VOCAT and to ensure current cases can be considered in a more timely way.

As of 30 June 2021, there were 7717 pending applications at VOCAT (down 5.5 per cent from 2019-20). Work is underway to redirect pending matters to newly recruited Tribunal Officers. Demand for financial assistance remains high, with 7075 new applications made in 2020-21. During this same period, VOCAT finalised 7817 applications and awarded assistance to 5319 victims of crime

Making VOCAT safer while we build the Financial Assistance Scheme

To assist victims prior to the Financial Assistance Scheme commencing, amendments will also be made to the Victims of Crime Assistance Act to introduce a prohibition on alleged offenders being notified of, or attending, hearings at VOCAT in family violence or sexual offence matters. These amendments are consistent with findings from the Royal Commission into Family Violence in Victoria and the Victorian Law Reform Commission's (VLRC) review of the Victims of Crime Assistance Act and VOCAT.

Victims have said the prospect of an offender being notified or appearing at hearings is a significant barrier to them making an application to VOCAT. Introducing these amendments before the new scheme gets underway means we are making a start on things that matter most to victims. Victims can now feel safe in the knowledge that their offender will not be notified or attend VOCAT hearings when they seek financial assistance to deal with the impacts of crime on their lives.

Improving the system for victims of sexual offences and their families

We are committed to improving the criminal justice system for victims of sexual offences. The Judicial Proceedings Reports Amendment Act 2021 provides families and friends of deceased sexual offence victims with the right to tell their loved one's story, and the ability to apply for a victim privacy order to protect their identity if this is preferred. This follows laws passed in 2020 to enable victim-survivors of sexual offences to speak publicly about their experience without having to seek court permission.

Further reforms will also be considered through the development of a new whole of Victorian Government strategy to address sexual violence and harm due in the first half of 2022. This strategy will include a strong focus on improving outcomes for victim-survivors. The strategy will consider reforms in response to the VLRC's 2021 report on improving the response of the justice system to sexual offences, as well as its pending report on legal responses to stalking, harassment and similar conduct. The strategy will recognise that transformation needs to go beyond the justice system and so will seek to deliver improvements from prevention through to tertiary responses. Importantly, the design of the strategy will include consultation with victim-survivors to ensure that reforms place victim-survivors at the centre.

Informed by the voices of victim-survivors, the strategy will focus on improving the experiences and outcomes for victim-survivors through enhancing and expanding legal supports for victim-survivors, providing better access to information, more choice in justice pathways, improved court processes, and a strong focus on prevention and early intervention.

Victim-survivors will have improved access to the range of supports and services they need to recover from crime. More details about the improved victim-survivor supports and pathway to improve responses to sexual offending will be contained within the strategy due for release in 2022.

Delivering a new Victims Legal Service

Funding for the Financial Assistance Scheme in the 2021-22 State Budget included $7.3 million to establish a new, dedicated Victims Legal Service. The service will provide legal advice and assistance to victims applying to the new Financial Assistance Scheme as well as victims applying for restitution and compensation orders. The service will be delivered by Victoria Legal Aid and community legal centres from 2022-23.

This will be the first dedicated legal service for victims in Victoria. Victims will have access to timely, trauma-informed legal advice and support delivered by specialist staff who have a comprehensive understanding of the laws governing financial assistance and compensation for victims and a deep understanding of the criminal justice system experience for victims. Although the new Financial Assistance Scheme will reduce the need for lawyers in many cases by making the application process simpler and easier to navigate, the Victims Legal Service will help ensure victims with complex needs are provided with the legal advice they need, if they need it.

Establishing a new Victim-Centred Restorative Justice Program

The new Victim-Centred Restorative Justice Program will provide eligible victims with greater opportunity to feel heard and participate in restorative justice processes.

Restorative justice allows people to come together to share their perspectives on what has happened, how they have been affected, and what can be done to improve the outcome. This approach focuses on the harm caused to people, to relationships and to the community, and places reparation of harm at the forefront. This contrasts with conventional criminal justice system responses.

In victim-centred restorative justice, all elements of the process revolve around the victim and are informed by their needs and preferences. The restorative process gives the victim a safe and supported opportunity to tell their story to people that are important to them to reach a shared understanding about what has happened, its impact on them, and what might make the situation better. For some people, this might involve talking with the person who has harmed them. While more traditional restorative justice outcomes related to the offender such as reducing future offending may occur, this is not the core focus of victim-centred restorative justice programs.

The Victim-Centred Restorative Justice Program will build on the Family Violence Restorative Justice Service and victim support for Youth Justice Group Conferencing currently being delivered by Victim Services, Support and Reform (VSSR) in the Department of Justice and Community Safety (the department).

The Family Violence Restorative Justice Service provides victims, family members and others who have experienced family violence with another option to feel heard, receive support and manage the impacts of family violence. This innovative service has received 55 referrals and enquiries, which is consistent with take up levels when establishing a new restorative justice service in a sensitive area like family violence.

The Youth Justice Group Conferencing Program provides support for victims of young offenders who participate in a pre-sentence restorative justice process. While the focus of the program is on rehabilitating young offenders, support provided to victims can help victims to feel informed and heard in the conference. Victims are also provided with ongoing support and referrals after the conference. Nearly 50 victims participated in Youth Justice Group Conferencing in 2020-21.

The Victim-Centred Restorative Justice Program is expected to commence in March 2022. It will establish new restorative justice streams for families of adolescents using violence in the home, victims seeking a restorative process with offenders under sentence, and applicants to the new Financial Assistance Scheme for victims of crime. The program will also include a new Restorative Justice Knowledge Hub to position the department as a leader in victim-centred restorative justice design and innovation. In addition, a new restorative justice pathway for victim-survivors of sexual offences will be explored in consultation with victim-survivors and other stakeholders in 2022 to provide people with more choice and flexibility in how they access justice outcomes, based on their individual needs and preferences.

Enhancing services for adults with a cognitive disability and children and young people

We know that adults with a cognitive disability and children and young people routinely face barriers to accessing justice, including reporting crime to police and giving evidence in court.

This is why the 2021-22 State Budget provided $9.9 million for the continuation of the Intermediary Program following a successful pilot. This program helps police, lawyers and the judiciary plan their questioning so that victims can feel safe and confident and provide better quality evidence. Over 400 adults with a cognitive disability and children and young people were assisted by the Intermediary Program in 2020-21.

The Child Witness Service provides specialist support for children, young people and their families to prepare them for being witnesses. The service also provides debriefing to families and referrals to other community agencies and services. More than 1000 children and their families were assisted by the Child Witness Service last financial year. In early 2021, we welcomed Kiki the Court Support Dog to the Child Witness Service. Kiki is trained to provide calming support and help reduce further traumatisation.

The Victorian Government has also funded new remote witness rooms through the Virtual Court Support Program. This investment will provide flexible options for victims and witnesses a part of the Child Witness Service and Intermediary Program to engage safely in court hearings online. Co-locating these services has already improved coordination, streamlined referrals and allowed skills to be shared between the programs. In addition, these services are working to embed best practice in cultural safety and whole-of-family care.

A dedicated strategy for Aboriginal victims of crime

Aboriginal and Torres Strait Islander people are overrepresented as victims of crime but are under-represented in accessing victim support services. This is why the Victorian Government is developing a dedicated Aboriginal victims of crime strategy. This strategy will be informed by key principles of cultural safety and self-determination. We will work with the Aboriginal community, including the Aboriginal Justice Caucus, to identify how the victim support system can better respond to the needs of Aboriginal and Torres Strait Islander people.

This strategy supports the work the government is already prioritising though the fourth iteration of the Aboriginal Justice Agreement Burra Lotjpa Dunguludja (AJA4). Under this agreement, VSSR has recruited a Cultural Safety Practice Lead to provide leadership and support for all our victim support workers, such as Victims of Crime Helpline staff and Koori Engagement Workers through the Aboriginal Engagement Network. Koori Engagement Workers provide confidential and culturally sensitive support to Aboriginal victims of crime in the community through the Victims Assistance Program. There are currently 10 full-time equivalent Koori Engagement Worker positions funded across the state, surpassing the target established under AJA4.

Gaining Rainbow Tick accreditation to meet diverse needs

Members of the LGBTIQA+ community will not seek the support they need unless we can demonstrate our commitment to delivering a safe, inclusive and affirming victim support system. This is why we are working towards Rainbow Tick accreditation for all victim support programs and services. Achieving accreditation will help to ensure LGBTIQA+ people feel safe and supported to access the victim service system and receive a tailored response that meets their needs. It will also help to ensure our workforce feels safe, valued and supported in all of its diversity as well.

Rainbow Tick is a national accreditation program for organisations that are committed to safe and inclusive practice and service delivery for LGBTIQA+ people. Rainbow Tick consists of six standards developed by Rainbow Health Victoria and are designed to build lasting LGBTIQA+ inclusion. Organisations are assessed against each standard and accredited by an independent assessor.

Rainbow Tick accreditation for all family violence services was recommended by the Royal Commission into Family Violence. The Victims of Crime Helpline is the sole referral pathway for male victims of family violence.

While we anticipate that initial accreditation will be achieved by May 2022, maintaining accreditation is an ongoing commitment. VSSR's accreditation status will be subject to regular quality assurance reviews to ensure it continues to deliver programs and services consistent with the Rainbow Tick standards.

More information about Rainbow Tick can be found at rainbowhealthvic.org.au.

Measuring the impact of our efforts through a Victim Support Outcomes Framework

Our achievements and reforms are intended to deliver services to the standard victims rightly expect. Victim services will ensure that all our work is designed, delivered and accountable to these outcomes. This is why VSSR is developing a Victim Support Outcomes Framework informed by contemporary understandings of victims' service needs, rights and entitlements. This will measure and report on what victim services do, not by volume or activity, but by the difference these services make to victims' experiences.

The Victim Support Outcomes Framework will consist of four service domains, including:

• Safety, recovery and resilience: victims are supported so that they can recover and thrive
• Agency, access and equity: victim services are accessible, equitable and tailored to meet specific and diverse needs
• Inform and empower: victims can participate and have agency in the justice system
• Reduce risk and response: victim services collaborate with the wider justice system to reduce risk and minimise harm

The Victim Support Outcomes Framework will be rolled out across victim services programs and will also underpin the new Financial Assistance Scheme for victims of crime.