It is a privilege to present my first annual report as Commissioner for Victims’ Rights with my appointment effective from 1 August 2023.

I would like to thank the former Commissioner, Bronwyn Killmier for all her efforts during her term and congratulate her on her achievements.

I also take this opportunity to acknowledge the many victims who contact my office and share their experiences of crime and the criminal justice system, and advocate for change. It is crucial that my work is underpinned and informed by their lived experience.

Victims continue to experience the criminal justice system as daunting and confusing. Whilst there are a range of excellent services, most do not address victims’ needs holistically. This therefore necessitates interaction with multiple services in the aftermath of crime. Victims often experience services confusion and fatigue.

Service connection and strong referral pathways can mitigate some of the confusion and deliver better outcomes for victims. As such I am committed to building strong, collaborative relationships between all agencies who assist victims including Victim Support Service, Relationships Australia SA, Women’s Safety Services, Health and Recovery, Trauma Safety Services (HaRTSS), South Australia Police, Department for Correctional Services, Courts Administration Authority, and the Office of the Director of Public Prosecutions to name a few.

Earlier this year, I also commenced visits with police in regional areas to strengthen relationships and identify any victim issues unique to these areas.

As well as building open and collaborative relationships with individual service providers, I have convened several network meetings, bringing together those who provide support to victims. Service providers have expressed the value of sharing information and having an opportunity to discuss any trends and issues facing victims.

Information is critical if victims are to exercise their rights and access supports. I have reviewed some of the available resources to ensure victims receive accurate and timely information which minimises confusion. This has resulted in the development of a postcard given to victims when they report a crime. The postcard has a QR code that links victims to comprehensive information on the VOCSA website and a dedicated section for recording report details. The postcard was designed following feedback from SAPOL officers who were seeking an alternative to the printed information booklet.

Even with accessible information, trauma can impact on a victim’s willingness and ability to communicate with service providers. It can be difficult to articulate their thoughts and speak with strangers. Having control over when and how communication takes place can be beneficial. VOCSA staff have collaborated with SA.GOV.AU to develop an online enquiry form for victims of crime so victims can make enquiries when and how it best suits them. VOCSA is committed to facilitating and maximising victim choice and control wherever possible.

It is well documented that First Nations people are overrepresented as victims of crime, yet there is a lack of culturally appropriate information for Aboriginal people as victims of crime in South Australia. I have prioritised funding for a project officer to consult with Aboriginal people in South Australia and develop appropriate resources. The project officer will commence work in the 2024-25 period and will also play a crucial role in enhancing the skills and knowledge of VOCSA staff when responding to Aboriginal people.

As Commissioner, it is my role to protect and promote the rights and interests of victims of crime. When a victim’s rights are not upheld, I assist a victim to lodge complaints and where appropriate, seek an apology. It is interesting to note that complaints to VOCSA have decreased significantly over the past five years. The cause of the downward trend is unclear and likely multifaceted including our varying approaches to complaint classification.

Reduced complaints may also be the result of increased agency awareness of and compliance with victims’ rights. It may be reflective of greater community awareness and thus increased individual agency in ensuring rights are observed from the outset. These of course would be positive reasons for the reduced number of complaints.

It is, however, important that victims are aware of their right to make a complaint and I have some concern that the current complaint process lacks clarity and visibility. This is an issue I intend to examine in the coming year.

Whilst the number of formal complaints is relatively low, victims often discuss complaints informally with my office. Timely justice consistently features as a major issue for victims. Prolonged proceedings can cause victims to lose confidence in the criminal justice system and to suffer a secondary injury.

One victim - after having her second trial date vacated and relisted almost a year later - expressed her frustration, stating she felt angry, sad, and fed up with the court system which was in no way supportive of her as a victim. Another victim was distraught at having to wait 12 months for her matter to be adjudicated only to be told it was to be withdrawn. Some victims are unable to endure the timeframes, with one victim describing it as “a kick in the guts” and her sole reason for requesting a discontinuance.

When matters are unresolved victims feel as though their lives are on hold, unable to move forward. Delayed resolution may also mean delayed access to compensation and consequently delayed treatment.

Resourcing, processes, and legislation must be examined to reduce delays, noting that timely justice should never be at the cost of victims’ or offenders’ rights. My office will continue to examine these issues and advocate for victims in this area.

After significant advocacy by both victims and my office, it was pleasing to see the Government introduce the Statutes Amendment (Victim Impact Statements) Bill 2024 in April. Faced with one of the few opportunities to have a voice in criminal proceedings, victims expect to be able to speak freely and in their own words in their victim impact statement. It causes considerable distress when victims are encouraged to edit or sanitise their words. These amendments strengthening victims’ voices will go a long way to enhance their sense of procedural justice. VOCSA will be revising the victim impact statement form and guidelines to reflect the legislative amendments upon commencement.

I am extremely fortunate to have worked alongside a fantastic team of people who have assisted me over the past year. I thank all the permanent and contract employees as well as students on placement who have supported victims of crime. Their commitment and efforts are appreciated. I also extend my thanks to the efforts of staff of the Attorney-General’s Department who provide significant support to VOCSA in the areas of governance, finance, and human resources. I particularly, acknowledge the exceptional support provided by ICT through the implementation of VOCSA’s new case management system.

I remain committed to listening to victims and amplifying their voices, and look forward to working on further improving the criminal justice system for victims in the coming year.