Your role in managing a Charter of Victims’ Right complaint

The Charter of Victims’ Rights (the Charter) is now under the Victims’ Commissioner and Sexual Violence Review Board Act 2024.

Victims of violent crime have the right to complain if their rights under the Charter of Victims’ Rights have not been upheld. They can either:

• make a complaint to the entity they feel has not upheld their rights
• make a complaint to the Office of the Victims’ Commissioner.

Queensland Government agencies have obligations under the Charter. If a victim tells you they want to make a complaint that you identify as relating to the Charter, under section 46 of the Victims’ Commissioner and Sexual Violence Review Board Act 2024, you must advise them:

• how to make a Charter complaint against your agency and the process that would be used to resolve the complaint, or
• that they can make a complaint to Office of the Victims’ Commissioner.

Under section 46 of the legislation, your agency can comply with this provision by referring a Charter complaint to the Office of the Victims’ Commissioner.

Agency complaint process

If the victim would like your agency to consider the complaint, follow your agency’s complaint handling policies and procedures.

Referral to Victims’ Commissioner

If the victim has already made a complaint to your agency but would like the Victims’ Commissioner to consider the complaint, follow these steps:

1. Obtain the victim’s consent - Before sharing any information make sure you have the victim’s explicit consent to refer their complaint to the Victims’ Commissioner.
2. Provide contact and safety information – Ask for their preferred contact details and any relevant information about how it is safe to contact them. Include this information in your referral to help the Office of the Victims’ Commissioner to communicate securely and appropriately.
3. Confirm the referral under section 46 - Clearly state in your referral that the complaint is being referred to the Victims’ Commissioner under section 46 of the Victims’ Commissioner and Sexual Violence Review Board Act 2024.
4. Inform the victim about the Office of the Victims’ Commissioner - Provide the victim with information about the role of the Victims’ Commissioner and their complaints process.
5. Send the referral - Email contact@victimscommissioner.qld.gov.au. Ensure the referral includes all the information above to help the Office of the Victims’ Commissioner assist the victim promptly and effectively. You can ask the victim if they would like to be included in this email.

Reporting

Queensland Government agencies have reporting requirements under the Victims’ Commissioner and Sexual Violence Review Board Act 2024.

Resources

A Guide to the Charter of Victims’ Rights for government agencies
How to recognise a complaint under the Charter of Victims’ Rights