Various legislation in the ACT aims to acknowledge, protect and promote the interests of victims in the administration of justice. The Victims of Crimes Act 1994 contains principles that govern the way criminal justice agencies, including the Sentence Administration Board (the Board), must engage with victims. The principles include a requirement that victims be dealt with at all times in a sympathetic and constructive way with regard to their personal situation, rights, and dignity. The principles also require that a victim who is known to have expressed concern about the need for protection from an offender be told about the offender's impending release from custody. The Board is an independent body that determines whether an offender is suitable for release to parole and provides recommendations to the Attorney-General about the release of offenders on licence. The Board also decides the consequences of sentenced offenders failing to comply with parole orders, Intensive Correction Orders (ICOs) and licences. The Board has the power to reinstate an ICO if it has been cancelled.
Victims should register if they wish to be involved in decisions of the Board, by contacting the Victim Liaison Officer on 6207 0836 or email: victims.register@act.gov.au. Registered victims will be informed of certain cases before the Board and be able to make submissions under the CSA Act (Chapter 10). For example, a registered victim will be given an opportunity to provide a written or oral submission to the Board about an offender's possible release on parole or licence (sections 123-124, 292 CSA Act). Providing a submission or oral evidence to the Board is voluntary.
Victim impact statements provided during sentencing proceedings conducted by the court are usually available to the Board. Transcripts of offender’s sentencing by the court are also usually available to the Board, and these commonly refer to the evidence and views of victims and the impact on the victim. If a victim has nothing further to raise, beyond what is available from records of the criminal proceedings that resulted in the offender’s conviction, they may wish to make no submission or to re-affirm that material including their victims impact statements.
It is important to note that the Board cannot change the sentence imposed by a court or conduct a re-trial of the offender. It cannot hear new evidence about the crime, nor can it refuse an offender's release because someone believes the sentence imposed was lenient. The Board is also unable to make orders for financial restitution to victims.