Your VoiceSUMMER 2014

A message from the CommissionerIt was recently the first anniversary of the office of Commissioner for Victims of Crime in Western Australia. In this edition, I am happy to share with you some of the ways in which the perspectives of victims of crime are being turned into action across Government. It is great work to be involved in but this office is only one of many places in Government which work for and with victims of crime.

There are the obvious areas of victim of crime work in Government, such as: the Victim Support Service in the Department of the Attorney General, and the Victim-offender Mediation Unit in the Department of Corrective Services.

The Victim Notification Register (or “VNR”) sits in the middle of these two areas. It is part of the Department of Corrective Services but there are also great advantages in having VNR “co-located” with Victim Support Services.

I had the great pleasure of attending the Bert Harris Awards celebrating the volunteers of the Victim Support Service on 19 September – there is a tribute to the winners and nominees in this edition. These awards recognised the unique contribution the volunteers make to the State

Government’s victim support effort. The volunteers bring skills, expertise and a very personal commitment to this work.

Some other parts of Government involved in the support of victims of crime do not necessarily have “victim” in the title, but are integral to the effort:

• The Family and Domestic Violence area in the Department for Child Protection and Family Support (DCPFS), working with WA Police and non-Government groups as part of the Family and Domestic Violence Response Teams.

• The Sexual Assault Resource Centre in the Department of Health.

• The Protective Behaviours Unit in the Department of Education – working on getting the message out to children in schools about personal body safety.

• The Community Engagement area within WA Police – currently working with my office on a range of victim of crime initiatives within policing.

• The partnership between DCPFS’ childFIRST, the WA Police Child Abuse Squad and specialist Child Assessment and Interview Team, and Princess Margaret Hospital.

• The Criminal Injuries Compensation Assessors.

There is more to do including the increasing integration of this cross-Government effort. As we move forward, we also hope to realise increasing “seamlessness” between the Government and non-Government support for victims of crime. We are all in it together for better outcomes. Yours sincerely.

Jennifer Hoffman Commissioner for Victims of Crime

Update from the Commissioner for Victims of Crime

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Lights, camera... action!Videos to assist victims of crime were launched by the Attorney General, Hon Michael Mischin MLC on 13 November 2014.

The videos were commissioned by the Commissioner for Victims of Crime

and aim to assist victims to navigate through the criminal justice system, and to raise awareness of the support services available to them.

The first video is an overview to help victims navigate through the ways in

which they may be involved in the justice system, and available services. It can be used as a launching pad for victims to further investigate the services available to them through

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contacting the relevant agency or visiting a website.

It highlights the different paths victims can take depending on their experience.

The second video is focused on Victim Impact Statements (VIS).

For many people it is important they have a say about something that has had a major impact on their lives.

This video provides the kind of information and support to make a VIS that usually only the victims of the most serious crimes receive face-to-

face from the Victim Support Service. It is a great way of making this service available to more people.

The third video has been developed to assist young victims of crime, and other young people, prepare to give evidence in court.

Production of the videos was well-supported with considerable technical expertise received from the Victim Support, Child Witness and Family Violence Services, other government agencies within the justice sector, members of the Victims of Crime

Reference Group and other victim support groups.

The videos were also well supported with local talent, with staff across the Department of the Attorney General and WA Police volunteering their time and talents to appear as extras.

The videos are targeted to any Western Australian who has been a victim of crime.

They are available via the victim of crime webpages of the Department of the Attorney General and WA Police.

Elder abuse helplineThe Western Australian Government has launched the new Elder Abuse Helpline WA.

The Helpline offers older people at risk of, or experiencing abuse an easy, independent and professional avenue to access support and assistance.

Elder abuse in WA is defined as ‘any act which causes harm to an older person and occurs within an informal relationship of trust, such as family or friends’. Elder abuse can take various

forms such as physical, psychological or emotional, sexual, social and financial abuse. It can also be the result of intentional or unintentional neglect.

The Helpline is a free state-wide service, funded by the Department of Health WA and the Department of Local Government and Communities, and is operated by Advocare, a leading elder abuse prevention organisation.

The Helpline can be accessed by calling 1300 724 679 and is available Monday to Friday from 8.30am to 4.30pm. The Helpline is free, confidential and staffed by experienced professionals.

For more information visit www.dlgc.wa.gov.au.

Some of the guests attending the official launch of the Your Voice videos to assist victims of crime.

Volunteers and staff honoured at Bert Harris AwardsFremantle resident Pat Wallace-Bell has won the 2014 Bert Harris Award for her volunteer work with victims of family and domestic violence.

Pat was recently presented with the award by the Attorney General, the Hon Michael Mischin MLC. The award honours volunteers from the Victim Support Service, Child Witness Service or the Family Violence Service.

Pat exemplifies the outstanding

contribution that volunteers make to support victims of crime and the wider Western Australian community.

After emigrating from the United Kingdom in 1967, Pat was employed as a librarian in Melbourne. Since that time, Pat lived in Tom Price for about 10 years before moving to Mandurah and finally settling in Hilton.

After Pat retired she saw an advertisement calling for volunteers within the Family Violence Service. She has volunteered at the Fremantle Family Violence Service for the past seven years.

Commissioner for Victims of Crime, Jennifer Hoffman, who spoke at the event, said it was good to see so many distinguished guests at the event to recognise the hard work of volunteers and staff. The event, organised by the Department of the Attorney General’s Court Counselling and Support Services, was attended by His Honour Justice Jeremy Curthoys, President of the State Administrative Tribunal, His Honour Judge Robert Cock QC, Chairperson of the Prisoners Review Board, A/Commissioner for

Children and Young People, Jenni Perkins with Director General Cheryl Gwilliam, Department of the Attorney General as Master of Ceremonies.

Other nominees commended for the award were Roger McWilliams, Janet McCauley, Joan Copeland, Helen Jones, Patricia Hill, Paul Mattin, Cheralyn Neich-Buckley, Gloria Lorenz and Kerry Sutherland.

The Central Law Court’s Victim Support Service were presented with the Team Award for their ongoing efforts in developing effective means of raising awareness of available services to clients, police and court staff.

Bert Harris was a long-time volunteer with the Victim Support and Child Witness Service. During his time with the Victim Support Service, Bert’s concern and care for those he came into contact with was evident in everything he did.

After Bert’s death, VSS decided to honour his contribution by presenting the Bert Harris Award annually to a volunteer who gives the most outstanding support to victims of crime.

Bert Harris Award winner Pat Wallace-Bell with Attorney General Hon Michael Mischin MLC.

Innovating with WA PoliceAn innovative partnership between the Commissioner for Victims of Crime and WA Police has led to a trial in Armadale of a new Victim Information Card.

“This is an important trial which really puts the needs of victims front and centre in their engagement with police, even at this early stage when they are first reporting their crime,” Commissioner for Victims of Crime

Jennifer Hoffman said.

“Our Office has developed a close working relationship with police during our first year and I think victims of crime will see further benefits of this relationship in future,” she said.

The article opposite appeared recently in the WA Police newsletter, From the Line.

Victims card pilot

The pilot of a new victims of crime card commenced in Armadale recently to improve the services WA Police provides to victims of crime.The pocket-sized leaflet contains useful information including how to obtain support and is being given to all victims at incidents attended by Response Teams and Forensic Officers.The card was developed by Community Engagement Division (CED) in collaboration with the Commissioner for Victims of Crime and provides details about the police process, a tear-out page for officers to record the IR number and their contact phone numbers, a range of useful website addresses, phone numbers for support agencies and links to WA Police programs.Police officers and a randomly-selected group of victims receiving the card will be asked to participate in a brief evaluation to determine its usefulness and to sug-gest any changes. If the pilot is successful CED will seek approval from the Commissioner’s Executive Board to roll out the card statewide.

Review of the Criminal Law (Mentally Impaired Accused) Act 1996 – Victims of Crime Submissions InvitedAttorney General, the Hon Michael Mischin MLC, is seeking feedback and comments on the operation of the Criminal Law (Mentally Impaired Accused) Act 1996 (the CLMIA Act).

The purpose of the CLMIA Act is to enable the legal administration, care and disposition of people with a mental impairment who have been found to be either mentally unfit to stand trial, or not guilty by reason of unsound mind.

Some issues and questions are set out in the Discussion Paper to provide guidance on matters you may wish to consider in your response. Submissions are also invited on any other aspect of the operation of the CLMIA Act.

The Discussion Paper specifically recognises victims of crime as stakeholders, and seeks views on how

the interests of victims are, or could be, addressed.

For instance, in the discussion of objects and principles of this legislation, the following is set out in the Discussion Paper:

Should a statement of objects and principles be included, some stakeholders have suggested that such a statement should be primarily focussed on the needs of the mentally impaired accused.

Other stakeholders, however, have suggested that any statement of objects and principles should contain recognition of victims’ rights and the harm suffered by victims of crime.

It has been proposed that the acknowledgement of victims of crime, the harm they have suffered and the nature of the alleged offence is relevant to case management

decisions regarding the mentally impaired accused in the contemporary justice system of a civil society.

The Discussion Paper is available at www.dotag.wa.gov.au and the CLMIA Act is available on the State Law Publisher website at www.slp.wa.gov.au.

The deadline for submissions is 12 noon on Friday, 12 December 2014.

Submissions can be addressed to: CLMIAAct.Review@justice.wa.gov.au or posted to:

Review of the Criminal Law (Mentally Impaired Accused) Act 1996 Policy and Aboriginal Services Directorate Department of the Attorney General PO Box F317 PERTH WA 6841

Victim impact statements – welcome changes in the District CourtThe District Court of Western Australia has amended its Practice Direction provisions concerning victim impact statements. The amendments are as follows:

• They remove the need to establish exceptional circumstances for a victim impact statement to be delivered orally; and

• They require a lawyer acting for an offender to deliver victim impact statements to the court if they cease acting and on completion of the sentencing

hearing in the same way that Pre-Sentence Reports need to be returned.

Previous system

Oral victim impact statements were previously only permitted in exceptional circumstances.

New system

Victim impact statements may be delivered in writing, or, subject to any direction of the presiding judge, orally by the victim or by a person on behalf of the victim as authorised under s24(2) of the Sentencing Act 1995 (WA).

This is a welcome change for victims of crime.

It reflects the discretion of the judge to manage their courtroom as they see fit, including that they can allow victim impact statements to be read out in any appropriate – rather than “exceptional” – circumstances.

The full text of the amended Practice Direction is available on the District Court of Western Australia website (www.districtcourt.wa.gov.au – search Victim Impact Statement).

Visit to George Jones Child Advocacy CentreErin Merryn, childhood sexual abuse survivor and founder and President of Erin’s Law in the United States, recently visited the George Jones Child Advocacy Centre in Parkerville. Erin’s Law mandates that all public schools teach primary school students anti-sexual abuse and personal body safety education. In just a few short years, Erin has persuaded 19 US states to pass versions of Erin’s Law. Illinois was the first to do so in 2011, naming the law after Erin, in honour of her efforts to protect children from sexual abuse.

Erin was recently in Perth as a keynote speaker at the Protective Behaviours Conference 2014. Erin is a dedicated supporter of the 900 Child Advocacy Centres in the US, and took the opportunity to visit the George Jones Child Advocacy Centre in Armadale, which is the only one of its kind in Australia.

Parkerville Children and Youth Care opened the George Jones Child Advocacy Centre in 2011 to provide medical assessment, child and family advocacy and therapeutic treatment for abused children. It is designed to

make it easy for families to access the necessary support services by putting them all under one roof.

Commissioner for Victims of Crime, Jennifer Hoffman, was able to meet Ms Merryn at the George Jones Centre during this visit. It was a great opportunity to understand more about how this first Child Advocacy Centre can become the model for assisting with better outcomes for children who disclose sexual abuse by taking “joined up” services to them, in their community.

Vale Steve EppsWe sadly note the passing of Steve Epps of the Victim Notification Register and are grateful for his contribution in assisting victims of crime.

(L-R) Protective Behaviours WA Chairperson, Justine O’Malley, Erin Merryn, Director George Jones Child Advocacy Centre, Natalie Hall and Commissioner for Victims of Crime Jennifer Hoffman.

On the road againCommissioner for Victims of Crime Jennifer Hoffman was in Kalgoorlie in August 2014, as part of the Western Australian Ombudsman’s Regional Awareness and Accessibility Program outreach visit.

“Being able to see the brand new victim support facilities in the recently opened Kalgoorlie Courthouse was a highlight,” Jennifer said.

“Meeting with community groups,

individuals and getting to visit local services provides insights about the different needs in different areas of this vast State.”

Government agencies who deal with victims of crime must do so with respect and fairness, and with knowledge about how the specific guidelines under the Victims of Crime Act 1994 (WA) apply to their agency. The outreach visits across WA help to raise awareness of these important obligations.