The Commissioner for Victims’ Rights is appointed under the Victims of Crime Act 2001 (SA) to promote and protect the rights and interests of victims of crime in South Australia.

Victims are empowered, respected and supported throughout the criminal justice system. All public agencies and officials respect and uphold victims’ rights, ensure victims voices are heard and provide trauma-informed support to victims of crime.

Empowerment
Respect
Equity
Accountability
Trustworthiness
Collaboration

Pursuant to section 16(3) of the Act:

• to marshal available government resources so they can be applied for the benefit of victims in the most efficient and effective way;
• to assist victims in their dealings with prosecution authorities and other government agencies;
• to monitor and review the effect of the law and of court practices and procedures on victims;
• to carry out any other functions related to the objects of this Act assigned by the Attorney-General;
• if another Act authorises or requires the Commissioner to make submissions in any proceedings – to make such submissions (either personally or through counsel);
• to carry out any other functions assigned under other Acts.

• Commissioner for Victims' Rights
• Senior Case Manager
• Case Manager
• Project Officer
• Intake and Assessment Officer.

The Hon Kyam Maher MLC, Minister for Aboriginal Affairs, Attorney-General, and Minister for Industrial Relations and Public Sector, is the State’s principal legal advisor to the government and responsible for exercising certain powers and regulating and administering a range of legislation.

The Attorney-General is a member of Cabinet and is responsible for:

• specific legislation and the state’s legal system
• developing and implementing policy
• legal action relevant to the state government.

Legislation administered by the agency

Victims of Crime Act 2001 (SA).

Enquiries are matters where VOCSA have provided information, advice, and referrals for a diverse range of issues.

Fig. 1 - Total enquiries (1 July 2024 to 30 June 2025)

Fig.2 - Enquiries by type during 2024-25

Fig.3 - Information requests by type.

Individual court document requests

VOCSA can obtain copies of some court documents for victims of crime. These documents are provided to victims free of charge on the basis that they are for personal use only. Documents include:

• a record of the court outcome
• the complaint or 'information'
• remarks on the verdict
• remarks on the penalty or sentence.

Lawyer information requests

VOCSA receives requests for information from lawyers acting on behalf of victims of crime in respect to applications for state-funded compensation.

VOCSA provides lawyers with information such as police report numbers to facilitate the progress of a victim’s application for compensation.

VOCSA helps victims in their dealings with prosecution authorities and government agencies and officials. The Commissioner also monitors and reviews laws and court practices on victims.

Fig.4 - Victims' rights requests by type (1 July 2024 to 30 June 2025)

Advocacy

Some victims require assistance to understand and navigate the legal system and to access support.

Advocacy involves providing victims with comprehensive information about their rights, assisting them to exercise their rights and addressing their individual needs.

The Commissioner can consult with agencies and officials, and advocate on behalf of victims to ensure their rights and interests are observed and considered.

The extent of advocacy is determined by the needs of individual victims.

Some victims have a strong desire to use their personal experiences and difficulties to advocate for law and policy reform. Their perspectives are invaluable.

The Commissioner is committed to assisting victims to share their views with appropriate government agencies and officials.

Complaints

Some victims of crime have complaints about the criminal justice system and how they have been treated or supported. The Commissioner can assist victims where complaints relate to a failure to comply with the requirements of the Declaration of Principles Governing the Treatment of Victims (victims’ rights).

Victims are, in the first instance, encouraged to raise complaints with the relevant agency. If a victim remains dissatisfied, they may raise a complaint with the Commissioner. The Commissioner may consult with a public agency or public official regarding the victim’s complaint.

If after consultation, the Commissioner is satisfied that the public agency or public official has failed to comply with victims’ rights and has not apologised or dealt with the failure in a satisfactory way, the Commissioner may, by notice in writing to the public agency or official, recommend that the agency or official issue a written apology to the relevant victim.

In 2024-25, the Commissioner recommended 3 apologies as per 1(A)(2) of the Victims of Crime Act 2001.

All three recommendations for an agency or official to issue a written apology were issued to South Australia Police. Rather than indicating a disproportionate wrongdoing this reflects the high level of contact and responsibility police have in victims’ experiences.

Under section 31(2) Victims of Crime Act 2001 the Attorney-General has an absolute discretion to make payments from the victims of crime fund to (or for the benefit of) victims of crime that will, in the Attorney-General’s opinion, help them to recover from the effects of crime or advance their interests in other ways.

This discretion is delegated to the Commissioner. In exercising this discretion, the Commissioner must be guided by the Objectives of the Victims of Crime Act 2001.

VOCSA receives requests for discretionary payments directly from victims and from various agencies and services on behalf of victims. Applications are assessed before a determination is made by the Commissioner. Assessment often includes consultation with SAPOL and other agencies.

Fig.5 - Discretionary payment applications (1 July 2024 to 30 June 2025)

For the 2024-25 period there have been 361 applications to the Commissioner for discretionary payments, of which 214 were approved.

The remaining applications were either not approved, funded from a more appropriate source or were not eligible.

Fig. 6 - Discretionary application by type during 2024-25

In some circumstances the Commissioner will fund independent lawyers to provide victims with legal assistance to represent their interests. Legal funding also includes cases where the Commissioner has engaged a lawyer to present a community impact statement.

The majority of requests for legal funding continue to be for representing victims’ interests in applications to vary licence conditions as per s.269 of the Criminal Law Consolidation Act 1935.

The Commissioner also funded legal counsel to assist a victim apply for funds quarantined under the Correctional Services Act 1935. This matter has not yet been finalised.

Fig.7- Legal funding requests 1 July 2024 to 30 June 2025

VOCSA assists victims and co-victims in making submissions to the Parole Board in relation to:

• applications for release on parole
• breaches of parole for life-sentenced prisoners
• applications to vary parole conditions for life-sentenced prisoners.

The Commissioner is legislated to assist co-victims of life sentenced prisoners (those convicted of murder) but also assists victims of manslaughter and cause death matters. VOCSA will assist victims of other crime types as requested.

VOCSA assists victims to present their views via submissions to the Parole Board and keeps victims informed throughout the parole process. On occasion the office supports the victim at the parole board hearing.

All submissions must meet strict timelines to be considered by the Parole Board. Following the Parole Board determination, victims are contacted and advised of the outcome and any conditions imposed.

In the case of life-sentenced prisoners the Commissioner must, once notified of the Parole Board’s decision to release a prisoner, consider whether to ask for a review by the Parole Administrative Review Commissioner.

VOCSA also frequently has contact with SAPOL, Department for Correctional Services (DCS) Victim Services Unit and the Parole Board in relation to the parole submissions.

Fig.8 - Parole requests (1 July 2024 to 30 June 2025)

The decrease in individual victim impact statements reflects a change in counting rules, with VIS enquiries now recorded under Criminal Justice Sector enquiries. The individual VIS figures shown here represent only cases where a victim required active assistance to complete their statement.

VOCSA is focused on empowering victims to write their own statements wherever possible.

Rather than actively drafting statements for victims, staff provide links to relevant information and resources to support them in preparing their own. Where this level of assistance is provided, the matter is recorded as an enquiry.

Neighbourhood impact statements increased from 1 to 5, and social impact statements rose from 6 to 7. While the overall numbers remain small, these increases indicate a growing awareness and use of these statement types as tools for communicating the broader effects of crime on communities and society.

Fig.9 - Impact statements by statement type

Individual VIS - as per s.14 of the Sentencing Act 2017

Community neighborhood impact statement (CNIS) - as per section 15(2) (a) of the Sentencing Act 2017

Community social impact statements (CSIS) - as per section 15(2)(b) of the Sentencing Act 2017.

A neighbourhood impact statement is a statement about the effect of the offence, or offences on the same kind, on people living or working in the location in which the offence was committed.

A social impact statement outlines the effects of an offence, or similar offences, on the wider community. They give the court insight when individual victims are unidentified or choose not to provide statements, highlight emerging crime trends, challenge myths, and detail the broader impact of crimes.

The Commissioner remains committed to supporting criminal justice agencies, professionals, and the broader community through targeted training and presentations.

Training ensures agencies understand their obligations to victims of crime, the support services available, the principles of trauma-informed care, and the role of the Commissioner for Victims’ Rights.

The Commissioner also actively engages with community groups to raise awareness of victims’ rights and avenues for assistance.

Fig. 10 - Training and presentations (1 July 2024 to 30 June 2025)

Website

Over the 2024-25 period, the Victims of Crime website received:

• 64,714 visitors
• 174, 502 page views.

The top 3 most visited web pages during 2024-25 were:

• State-funded compensation (20,351 views)
• After court/compensation (17,619 views)
• Offender-paid compensation (8,313 views)

Publications

Information for Aboriginal people as victims of crime

A project was commenced to ensure Aboriginal victims of crime receive relevant information in culturally appropriate language and formats, informing them of their rights and the services available.

The project also aims to increase awareness of VOCSA among Aboriginal organisations and service providers, and to equip them with resources to support Aboriginal clients.

Following the appointment of a project manager and extensive consultation, recommendations were developed to:

• Commission Aboriginal artwork reflecting a victim’s journey and available supports
• Develop a tailored information booklet incorporating Aboriginal artwork
• Create an Aboriginal-specific landing page on the VOCSA website
• Produce a postcard with a QR code linking directly to the landing page.

All recommendations have been progressed. The information booklet, postcard, and website are now drafted and in the design phase.

Ochre Dawn were commissioned for the artwork and our thanks go to Marie Maurer, Director of Projects and the artist Kalli-Jade Wall.

Understanding mental impairment

The booklet Understanding mental impairment was updated to reflect the legislative amendment replacing the terminology used in relation to the defence of mental incompetence under Division 2 of Part 8A of the Criminal Law Consolidation Act 1935.

In particular, a finding of "not guilty" by reason of mental incompetence is replaced with a finding of "conduct proved but not criminally responsible due to mental incompetence".

Going to Court An Important Job

A thorough review was undertaken of the Going to Court – An Important Job booklet, which supports young children required to give evidence as victims and witnesses in the District Court.

The revised booklet was developed in consultation with the Office of the Director of Public Prosecutions (ODPP) Witness Assistance Team and the Commissioner for Children and Young People, with valuable feedback also provided by Judge Kudelka.

In the coming year, companion resources will be developed for caregivers of children attending court, as well as for older children and young people required to give evidence.

Victim impact statement resources

The victim impact statement form was revised to incorporate recent legislative amendments. An accompanying informational video was also developed and published on the VOCSA website to enhance victim understanding of the victim impact statement process.

A gap was identified in the process for notifying victims when a life-sentenced prisoner breached parole conditions and was required to apply for a new non-parole period.

Uncertainty existed as to which agency was responsible for advising victims of the hearing date and their right to provide a VIS.

Through collaboration between the Commissioner’s staff and the ODPP, a clear process was established to ensure victims are contacted in a timely and consistent manner.

This improvement reduces confusion and ensures victims receive accurate and coordinated advice without duplication from multiple agencies.

An individual grievance highlighted delays in finalising a police report required by the Coroner.

It was identified that the Police Coronial Investigation Section was not routinely advised of the conclusion of criminal proceedings, resulting in avoidable delays which hindered timely report preparation.

Following the Commissioner’s advocacy, a process was established for the ODPP to provide monthly reports to the Coronial Investigation Section. This systemic improvement facilitates more timely reports, reducing delays for victims and families awaiting outcomes.

During my first term as Commissioner, I began liaising with SAPOL to review the victim notification letter generated through SAPOL’s database when a first court date is entered.

While the letter is a key mechanism for informing victims of case progress and enabling them to exercise their rights, its format created confusion by being issued on the Commissioner’s letterhead.

Victims and SAPOL officers often assumed enquiries could be directed to the Commissioner’s office, leading to frustration when this was not the case.

Following advocacy, the letter was amended to provide clearer contact information, improving system navigation and reducing confusion for victims and officers.

Concerns were raised about media access to body-worn camera footage that had been entered into evidence, and the distress this caused the victim.

The release of this footage occurred due to a misunderstanding, as the prosecutor believed the media application related to CCTV footage that did not depict the victim.

The Commissioner for Victims’ Rights liaised with the ODPP, who conveyed sincere apologies to the victim. The ODPP will now ensure prosecutors refer to evidence by exhibit number to avoid similar confusion in future.

The Commissioner also encouraged prosecutors to consider whether victims should be consulted before the release of any material, even where the evidence does not directly depict the victim, given the potential for indirect impact.