South Australian Current Acts

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VICTIMS OF CRIME ACT 2001 - SECT 16

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.



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