The Office of the Commissioner for Victims of Crime WA (CVOC) acknowledges and supports victims of crime, providing services to help victims feel supported and informed during their involvement with the criminal justice system.
The Victim Treatment Guidelines (Guidelines) explain how victims of crime should be treated by all WA Government departments, as well as any person or agency contracted by the Government to work with victims of crime. If you are a victim of crime and you believe you have not been treated in line with the Guidelines, you may make a complaint to the CVOC.
What types of complaints can you make?
If you feel that a service provider has not met your needs according to the Guidelines, you may be able to submit a complaint.
You can complain if:
- You were not treated with courtesy, compassion and respect.
- Your privacy was not protected.
- There was no attempt to minimize inconvenience to you where possible.
- Your personal property was mishandled or not returned in a timely manner
- You were not told about available support services or legal help
- You were not informed of legal protections available to you to protect against violence or intimidation by the offender.
- You were not informed about the trial process or your role as a witness including what to expect in court, and where to get witness support.
- You were not kept updated on an investigation or prosecution, including:
- the progress of the investigation or prosecution including any changes to charges
- An offender’s bail application
- the offender’s sentence and any appeal
- The offender’s release from custody, including any escape from custody
- Your safety concerns were not considered when a decision was made regarding the offender’s supervised release.
The CVOC will not:
- Consider an appeal of a court decision
- Change a sentence
- Make a criminal inquiry compensation claim
- Make a police misconduct complaint
- Report a new crime
Jurisdiction: The CVOC can consider complaints in accordance with the laws of Western Australia.
Time limits: There is no specified time limit for making a complaint, but victims are encouraged to make complaints as soon as possible.
Scope: The CVOC will only look into complaints involving a breach of the Guidelines.
Who can you make a complaint against?
Complaints can be made against service providers who have not complied with the Guidelines, including:
- WA Government Departments: Complaints can be made against any WA Government department that has failed to apply the Guidelines when dealing with a victim.
- Victim Service Providers Contracted by the Government: Complaints can be made against any person or agency contracted by the WA Government to work with victims of crime.
- Public officers and bodies: Complaints can be made against any government official or agency whose functions involve dealing with victims including: Ministers; court officers; police or prosecution officers; and juvenile justice teams.
The CVOC cannot investigate:
- Private sector lawyers and law firms
- Private sector medical practitioners
- Criminal Injuries Compensation process concerns
Are you eligible to make a complaint?
You can complain to the CVOC if you are:
- A victim of crime
- The immediate family member of a deceased victim
- Acting on behalf of a victim if age, disability, or another reason makes it impracticable for the victim to do so.
Victims are encouraged to submit a complaint directly to the relevant agency first, but if you are not comfortable doing so, complaints can be submitted directly to the CVOC.
Other important information:
The CVOC will ask for your permission to speak to the agency on your behalf. Without your permission, they will not be able to resolve the complaint but will note the matter for reporting purposes.
What can this body do to help?
To resolve the issue the CVOC may: provide an explanation from the agency of their actions; provide correct information; return property; provide you with an update; or recognize that the Guidelines were not followed.
The Commissioner does not have powers to:
- Award compensation or overturn a compensation decision
- Discipline police or lawyers
- Order an apology
- Force an agency to take a particular action
How to prepare your complaint:
When making a complaint, please include as much clear information as possible:
Personal details: Include your name and contact details so the CVOC can contact you. If someone is helping you or acting on your behalf, include their details and explain their role.
Agency/Officer details: Name the agency that your complaint is about. Include the agency name, office or team, and any staff member's name or role if known.
Provide a detailed account of what happened, including:
- What happened
- When it happened
- Where it happened
- Who was involved
- Which part of the Guidelines that you believe were not followed
Describe steps already taken:
- Describe any action you have already taken if the relevant agency, and any response, if any, received.
- If you were not comfortable contacting them directly, explain why.
Describe the outcome you are seeking:
- Examples include:
- An explanation from the agency of their actions
- Correct information
- Returned property
- Receive an update
- Recognition that the Guidelines were not followed
What NOT to include:
False or misleading information, repeated information, and abusive or harassing language.
Evidence: Attach any supporting documents, such as letters, emails, court of police reference numbers, or reports, if you have them.
Lodging your complaint and next steps:
You are encouraged to submit your complaint via the CVOC's online complaint form:
You may also lodge your complaint via:
- Email: victims@justice.wa.gov.au
- Phone: 1-800-214-655
- Post: GPO Box F317 WA 6841
Timeframe: The Office aims to resolve complaints within 21 days, but some complaints may take longer.
Other things to know:
If you need an interpreter, you can call the Translating and Interpreting Service on 131 450. It also lists National Relay Service options for people who need communication support.
More information:
Refer to the factsheet provided below for more information.
Victim Treatment Guidelines: Breach of Victim Treatment Guidelines Complaints Process
