Stuart Grimley MP, State Leader, Member for Western Victoria
Tania Maxwell MP, Member for Northern Victoria

JOINT STATEMENT

February 9, 2022

Derryn Hinch’s Justice Party last night advanced Victoria’s recognition of people harmed by crime when the Legislative Council passed two key changes to the government’s omnibus criminal procedure legislation.

The Opposition and crossbench supported two of three DHJP amendments to the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Bill 2021.

These changes were first recommended to the government by the Victorian Law Reform Commission six years ago in a landmark review of the role of victims in criminal trials.

The first will mandate the Office of Public Prosecutions (OPP) to notify crime victims of their right to make a victim impact statement at an offender’s sentencing.

The second will compel the OPP and other crime agencies to inform victims of their right to compensation or restitution from a convicted offender, and to refer them to available legal help.

The third, endorsed by the Victims of Crime Commissioner, would have enabled victims to seek a review of an OPP decision to discontinue an offender’s prosecution, or allow a serious offence to be plea-bargained to a lesser charge, and to be told of this right.

But the proposed right to a review was defeated on a tied vote, 18-18, when the Reason Party’s Fiona Patten and Greens’ Samantha Ratnam shifted their support to the government, which opposed the change.

The Animal Justice Party’s Andy Meddick opposed each of the DHJP amendments.

Comments from Stuart Grimley MP:

“With these amendments, the simple fact is that whatever is in the current regulations, policies and legislation, dealing with victim impact statements and restitution is not working.

“These amendments are simple and straightforward and will further strengthen the rights of victims within the judicial process.

“We must remember – victims do not choose to be victims. That decision is made for them by offenders. These amendments give more control back to victims, which is so often cruelly taken away by perpetrators.”

Comments from Tania Maxwell MP:

“Derryn Hinch’s Justice Party works for fair, just and safe communities.

“We’ll now be working hard to find another way for people harmed by crime to request a review when a prosecution is dropped or changed.

“Enduring feedback from victims of crime is that they feel let down and excluded from the justice process. They say we have a legal system, not a justice system, and that this compounds their trauma.

“The Victims’ Charter Act 2006 requires that victims’ views are sought and that they are informed of decision-making. But victims are often informed of these decisions after they are done and dusted and there is no provision for victims to seek any form of review.”