Understanding your rights as a victim
Part of the Victims of crime topic
Understand your rights as a victim of crime in Queensland.
On this page
In short
If you have suffered harm because of a violent crime, you have rights under the Charter of Victims’ Rights.
This guide will help you understand what those rights are and what to do if they aren’t upheld.
Charter of Victims' Rights
You have rights if:
- you have suffered physical, psychological or emotional harm because of a violent crime, including all forms of domestic and family violence
- a member of your immediate family or someone you are dependent on has been harmed or killed as a result of violent crime
- you were hurt while helping someone else who was being harmed because of a violent crime.
See Charter of Victims’ Rights.
Victims should be treated with respect, courtesy, compassion and dignity and have their privacy protected.
All government and most government-funded agencies that provide services to victims must uphold these rights.
Make a complaint
You can make a complaint if you believe your rights have not been upheld. You can complain directly to the agency involved or to the Office of the Victims' Commissioner.
See Make a complaint to the Victim's Commissioner.
Victims' rights during the criminal justice process
You have a right to be told:
- about services and remedies available to you
- decisions about the prosecution of the accused person, including:
- the charges brought
- not bringing charges
- substantial changes to the charges
- accepting a plea of guilty to a lesser or different charge
- the name of the person charged with the crime
- if a warrant is issued for the arrest of the accused person
- about the court process, including hearing dates and when you can attend court
- about any diversionary programs available to the accused person
- the result of the criminal court proceeding, including the sentence imposed and outcome of an appeal
- if the accused person applies for bail, the outcome of the application and any release arrangements, including conditions that may affect your safety
- about the trial process and your role as a witness, if you are one.
You also have a right to:
- be protected at court from unnecessary contact with, or violence or intimidation by, the accused person and their witnesses, family members or friends
- make a victim impact statement at the sentencing of the person found guilty
- have your property that was held for the investigation or as evidence returned as soon as possible.
Victims' rights if the offender goes to prison
If your offender is convicted and sentenced to prison or detention, you can apply to be on the victims' register.
If you are on a victims register, you will be told about:
- the offender’s period of imprisonment or detention
- if the offender is transferred to another facility
- if the offender escapes from custody or is unlawfully at large.
If the offender is an adult, you may be eligible to write to the Parole Board to have your say about the offender being granted parole.