Australian Capital Territory Current Acts

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VICTIMS OF CRIME ACT 1994 - SECT 18D

Victims may make justice agency complaints to justice agencies

    (1)     This section applies if—

        (a)     a victim engages with a justice agency; and

        (b)     the victim

              (i)     believes the justice agency has not complied with their victims rights; or

              (ii)     is otherwise dissatisfied with the justice agency's services in relation to victims rights.

    (2)     The victim may make a complaint about the justice agency's conduct to the justice agency (a justice agency complaint ).

Note     Alternatively, a victim may raise a victims rights concern with the commissioner (see s 18F (2)) or make a victims rights complaint to the human rights commission (see Human Rights Commission Act 2005

, s 41C (2)).

    (3)     A justice agency complaint may be made orally or in writing.

    (4)     A justice agency must record an oral complaint in writing if—

        (a)     the agency considers the complaint is of a sufficiently serious nature to be recorded in writing; or

        (b)     the victim asks the agency to record the complaint in writing.

Note     A complaint may be made for a victim by the victim's representative if nominated to do so by the victim (see s 18B).

    (5)     A justice agency complaint may be withdrawn at any time by—

        (a)     the victim; or

        (b)     if the victim has nominated a representative to make the complaint—the victim's representative.

    (6)     In this section:

"representative"—see section 18B (1).



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