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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Victims of Crime (Commissioner for Victims' Rights)
Amendment Bill 2007
A BILL FOR
An Act to amend the Victims of Crime Act 2001; and to make a
related amendment to the Criminal Law (Sentencing)
Act 1988.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Victims of Crime
Act 2001
4 Amendment of section
4—Interpretation
5 Substitution of heading to Part 3
Division 1—Victims of Crime Advisory Committee
6 Substitution of
section 16
Division 2—Commissioner for Victims'
Rights
16 Commissioner for Victims'
Rights
16A Powers of the
Commissioner
16B Appointment of acting
Commissioner
16C Staff
16D Delegation
16E Independence
of Commissioner
16F Annual report
7 Amendment
of section 30—Victims of Crime Fund
8 Amendment of section
31—Payments from Fund
Schedule 1—Related amendments to Criminal Law
(Sentencing) Act 1988
1 Amendment of section 29B—Power
to establish (or review) sentencing guidelines
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Victims of Crime (Commissioner for Victims'
Rights) Amendment Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Victims of Crime
Act 2001
4—Amendment of
section 4—Interpretation
Section 4—after the definition of claimant
insert:
Commissioner means the Commissioner for Victims' Rights
appointed under Part 3 Division 2;
5—Substitution of
heading to Part 3
Heading to Part 3—delete the heading and substitute:
Part 3—Victims of Crime Advisory Committee and
Commissioner for Victims' Rights
Division 1—Victims of Crime Advisory
Committee
Section 16—delete the section and substitute:
Division 2—Commissioner for Victims'
Rights
16—Commissioner for Victims'
Rights
(1) The Governor may appoint a suitable person to be the Commissioner for
Victims' Rights.
(2) The person appointed as the Commissioner must not be a member of the
Public Service.
(3) The Commissioner has the following functions:
(a) to marshal available government resources so they can be applied for
the benefit of victims in the most efficient and effective way;
(b) to assist victims in their dealings with prosecution authorities and
other government agencies;
(c) to monitor and review the effect of the law and of court practices and
procedures on victims;
(d) to carry out other functions related to the objects of this Act
assigned by the Attorney-General;
(e) if another Act authorises or requires the Commissioner to make
submissions in any proceedings—to make such submissions (either personally
or through counsel);
(f) to carry out any other functions assigned under other Acts.
(4) The Commissioner is a member ex officio of the advisory
committee.
(5) The Commissioner is to be appointed on conditions determined by the
Governor and for a term, not exceeding 5 years, specified in the instrument
of appointment.
(6) At the expiration of a term of office, the Commissioner will be
eligible for re-appointment.
(7) The Governor may terminate the Commissioner's appointment if the
Commissioner—
(a) is guilty of misbehaviour; or
(b) becomes physically or mentally incapable of carrying out official
duties satisfactorily; or
(c) becomes bankrupt or applies to take the benefit of a law for the
relief of bankrupt or insolvent debtors; or
(d) is absent, without leave of the Attorney-General, for
14 consecutive days, or for 28 days in any period of
12 months.
(8) Except as provided in subsection (7), the Commissioner's
appointment cannot be terminated.
16A—Powers of the Commissioner
(1) A public agency or official must, if requested to do so by the
Commissioner, consult with the Commissioner regarding steps that may be taken by
the agency or official to further the interests of—
(a) victims in general; or
(b) a particular victim or class of victim.
(2) If, after consultation with a public agency or official, the
Commissioner is satisfied that the public agency or official—
(a) has failed to comply with the requirements of Part 2 in
circumstances where such compliance would have been practicable; and
(b) has not apologised or otherwise dealt with the victim in relation to
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.
(3) The Commissioner must provide the relevant victim with a copy of the
notice given under subsection (2).
(4) The Commissioner must, in his or her report under section 16F,
specify the number of notices given by the Commissioner under
subsection (2), and the public agencies or officials to whom the notices
were given, during the year to which the report relates.
(5) The Commissioner must, in exercising his or her powers in relation to
a particular victim, have regard to the wishes of that victim.
16B—Appointment of acting
Commissioner
(1) If the Commissioner is temporarily absent, or the Commissioner's
position is temporarily vacant, the Attorney-General may assign a suitable
person to act in the Commissioner's position during the temporary absence or
vacancy.
(2) A person who is a member of the Public Service is eligible to act in
the Commissioner's position.
(3) The terms on which a person is assigned to act in the Commissioner's
position will be as determined by the Attorney-General.
(4) A person appointed to act in the Commissioner's position has, while so
acting, all the functions and powers of the Commissioner.
16C—Staff
(1) The Commissioner will have such staff as is necessary for the
effective performance of his or her functions.
(2) The Commissioner's staff will consist of Public Service
employees.
16D—Delegation
(1) The Commissioner may delegate to a body or person (including a person
for the time being holding or acting in a specified office or position) a
function or power of the Commissioner under this or any other Act.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the Commissioner to act in any
matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
16E—Independence of
Commissioner
(1) Subject to this section, the Commissioner is entirely independent of
direction or control by the Crown or any Minister or officer of the
Crown.
(2) The Attorney-General may, after consultation with the Commissioner,
give directions and furnish guidelines to the Commissioner in relation to the
carrying out of his or her functions.
(3) Directions or guidelines under this section—
(a) must, as soon as practicable after they have been given, be published
in the Gazette; and
(b) must, within 6 sitting days after they have been given, be laid
before each House of Parliament.
16F—Annual report
(1) The Commissioner must, on or before 30 September in each year,
present a report to the Attorney-General on the operations of the Commissioner
during the previous financial year.
(2) The Attorney-General must, within 12 sitting days after receipt
of a report under this section, cause copies of the report to be laid before
each House of Parliament.
7—Amendment of
section 30—Victims of Crime Fund
Section 30(4)—delete subsection (4)
8—Amendment of
section 31—Payments from Fund
Before subsection (1) insert:
(a1) The following payments must be made from the Fund:
(a) all payments made by the Attorney-General under this Act;
(b) the salary of the Commissioner;
(c) the salaries of other staff of the Commissioner if those staff are
designated by the Attorney-General as being staff to whom this provision
applies.
Schedule 1—Related
amendments to Criminal Law (Sentencing)
Act 1988
1—Amendment of
section 29B—Power to establish (or review) sentencing
guidelines
Section 29B(2)—after paragraph (c) insert:
(ca) the Commissioner for Victims' Rights;