Victims' rights

As a victim of a violent crime, you have rights if:

  • you have suffered harm because of a violent crime, including 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.

Charter of victims’ rights

Your rights are outlined in the Charter of victims' rights. All government and government-funded agencies that work with victims must uphold these rights.

As a victim, your needs should be taken into account and you should be treated with respect, courtesy, compassion and dignity.

You have a right to privacy. Your personal information, including your address and phone number, cannot be shared unless the law allows it.

You should be given information as soon as possible about services that can help you recover.

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What are your rights in Queensland if someone has hurt you? This video is to help victims of violent crime in Queensland understand their rights.

This video is for you if someone has hurt you, you are a victim of domestic and family violence, someone has killed or hurt someone in your family, you got hurt because you helped someone when they were getting hurt.

The rights for victims of crime in Queensland are called the Charter of victims’ rights. Government and government-funded agencies that work with victims of crime must uphold the Charter of victims’ rights. The charter has different rights at different stages of the criminal justice process. Throughout the entire process: to be treated with respect and dignity, to have your personal information kept private, and to be informed of support services and options. You also have the right to make a complaint if your rights aren't upheld.

When police are investigating, you should be told about the investigation and you should be told if someone gets arrested. If the case goes to court, you should be told when the court meetings are and be provided information about whether the person who hurt you applies for bail, and if you have to be a witness in court. After court, you should be told if the person who hurt you goes to jail and you have the right to information like how long they will be in jail.

Find the Charter of victim's rights online at www.victimscommissioner.qld.gov.au or ask the service working with you for a copy. Easy read versions of the Charter of victims’ rights are available in eight languages.

[On-screen text] We pay our respects to the Aboriginal and Torres Strait Islander ancestors of this land, their spirits and their legacy. The foundations laid by these ancestors—our First Nations peoples—give strength, inspiration and courage to current and future generations towards creating a better Queensland.

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Your rights in the criminal justice system

You have a right to be told:

  • the progress of the police investigation, unless this may jeopardise the investigation
  • decisions about the prosecution of the accused person, which includes
    • the charges brought against the accused person
    • 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 being issued for the arrest of the accused person
  • about the court processes, including hearing dates and how you can attend court
  • about any programs available to the accused person
  • the result of the criminal court proceeding against the accused person, including the sentence imposed and outcome of an appeal
  • if an application for bail is made by the accused person, outcomes of the bail application, any arrangements made for the release of the accused person, including any special conditions that may impact your safety or welfare
  • about the trial process and your role as a witness (if you are one).

You 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, expressing how the crime has harmed you
  • have your property that has been held for an investigation or as evidence returned as soon as possible.

Your rights if the offender goes to prison

If an offender is convicted and sentenced to a period of imprisonment, victims can apply to be on the victims register.

If you are registered on the victims’ register, you will be given information such as the offender's:

  • eligibility or actual date for discharge or release
  • death or escape from custody.

If an adult offender makes a parole application, you will be given the opportunity to write to the parole board about granting parole to the offender.

Call the Corrective Services victims register on 1800 098 098 to find out if you are eligible to be on the victims register and how to apply.

If the offender is under 18, call the Youth Justice victims register for more information on 13 74 68.

Your right to make a complaint

You can make a complaint if you believe a Queensland Government or government-funded agency has not upheld your rights.

You can complain directly to the agency, or to the Office of the Victims’ Commissioner.

Mental Health Court

If you have been a victim of an offence that has been referred to the Mental Health Court, contact Queensland Health Victim Support Services for information and advice.