Before the Board determines an offender's suitability for release to parole or on licence, the Board must take all reasonable steps to seek the views of any victims about the possible release of the offender. Registering as a victim of crime assists to ensure current contact details are known. Information about how to register as a victim of crime can obtained by contacting the Victim Liaison Officer on 02 6207 0836 or email: victims.register@act.gov.au.
Victims are invited to make a submission to the Board about any relevant concerns or issues, for example, any safety concerns they or their family may have regarding the offender. The Board must consider any submission or oral evidence by a victim when deciding whether to grant parole. They must also consider if it is necessary to impose additional parole conditions to support and protect the victim if parole is granted.
Legislation in the ACT aims to acknowledge, protect, and promote the interests of victims in the administration of justice. With the new ACT Victims Charter, commencing on 1 January 2021, 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.
Attempts will be made to contact all victims to inform them of any inquiry into a parole or licence application and give them an opportunity to provide a written or oral submission to the Board (sections 123-124 & 292 of the CSA Act). Providing a submission or oral evidence to the Board is voluntary. To ensure contact details are updated, victims can register by contacting the Victim Liaison Officer on 6207 0836 or email: victims.register@act.gov.au. Registered victims are also able to be provided with additional information in relation to an offender’s progress with their sentence.
Victim impact statements provided during court sentencing proceedings are usually available to the Board. Transcripts of the 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 which 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.