First Reading
Bill introduced on motion by Mr Anoulack Chanthivong, read a first time and printed.
Second Reading Speech
Mr ANOULACK CHANTHIVONG (Macquarie Fields—Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections) (14:30): I move:
That this bill be now read a second time.
The New South Wales Government is pleased to introduce the Victims Legislation Amendment (Victims Register) Bill 2025. This bill marks another critical step in the New South Wales Government's commitment to improving our justice system and supporting victims of crime as we work to create a safer New South Wales. What these reforms show is that the Minns Government is open to improving our laws and services when genuine concerns are raised. We are delivering on what we see as our fundamental responsibility to ensure that the services we provide reflect the needs of those they are designed to serve. We know that a crucial part of this work is listening to victims and ensuring that our laws are operating effectively to meet their needs in a meaningful, trauma‑informed way.
One crucial way that the Government offers support to victims is through the provision of victims registers. I am proud to note that the first victims register in New South Wales, operated by Corrective Services NSW, was established by the Carr Labor Government in 1996. The register was established in recognition of the need to provide a supportive service to victims in what is often the most distressing period they may face in their lives. Victims registers play a crucial role in supporting victims of crime. They are designed to provide victims with specific information about an offender, such as details about their sentence, release dates or changes in their legal status. This information helps victims understand the custodial framework in which the offender is supervised, enabling them to make informed decisions for their safety and planning if necessary. Beyond safety, being kept informed can also reduce anxiety, giving victims peace of mind and a sense of control. Additionally, registered victims are able to make submissions related to key events, such as an inmate's parole or unsupervised leave.
These submissions allow victims to express their views and request conditions they feel should be imposed on the offender if leave or parole is granted. Furthermore, victims can be referred to support services through the registers, enhancing advocacy and connection to necessary support. There are three victims registers in New South Wales: the Correctives Services NSW Victims Register for victims of adult offenders; the Youth Justice Victims Register for victims of young offenders; and the Specialist Victims Register for victims of forensic patients in cases such as where there has been a finding of act proven but not criminally responsible. The three New South Wales victims registers are based on an opt-in model whereby a victim chooses whether to register. The opt-in model was implemented in 1996 in accordance with the preferences of victim advocates at the time, who were of the view that victims should be able to choose whether to register. However, a challenge of this model is that it relies on a victim being aware of the existence of the register and their eligibility to register.
In late 2024 the Premier publicly committed to consulting with victims and their representatives about ways to improve the operation of victims registers. This followed advocacy by Samantha Barlow, a former New South Wales police officer, who only became aware of the existence of the Corrective Services victims register just prior to the perpetrator of the horrific offence committed against her being considered for parole. This bill will legislate a new requirement for agencies who administer the victims registers to proactively notify victims of certain serious offenders of their right to be on the register and access the benefits it has to offer. It will ensure that in the future victims who would like to be kept informed, will be. The model for this new notification process was developed in consultation with key stakeholders, including victims and victims' advocacy and support services. Stakeholders were invited to participate in roundtable discussions, held between December 2024 and February 2025, and additionally to provide written submissions to a consultation paper.
Feedback from the consultation was that there was a lack of awareness of victim registers and their functions. Stakeholders were invited to consider whether an opt-out model was preferable to the existing opt-in model. Under an opt‑out model, all eligible victims would be registered automatically and then given an opportunity to opt out. The majority of victims provided feedback that they do not want to be registered with a victims register without their consent, and that they want to retain their autonomy over whether to register. What we know is that there will be many victims who do not wish to register because they do not want to receive regular updates or be further reminded about the often traumatic events they have been through and would prefer to put the past behind them. This aligns with feedback from victims' groups who were consulted when the Corrective Services NSW victims register was originally established.
Stakeholders indicated that within an opt-in model there could be value in directly contacting victims to inform them of their eligibility to register. However, this should be targeted to balance risks around re‑traumatisation from unexpected contact and re‑exposure to painful topics. The reforms in this bill respond to this feedback by introducing a positive obligation on the agencies responsible for victims registers to notify victims of serious offenders of their eligibility to register as soon as practicable after becoming aware that a victim is eligible to register. Legislating a positive obligation on agencies to notify victims of serious offenders that they are eligible to register is seen to strike the appropriate balance between making sure that victims know about and can access their right to be on the register, while maintaining victims' agency and choice about whether to opt in.
Limiting the notification obligation to victims of serious offenders in line with stakeholder feedback will ensure that those victims most likely to be seriously impacted by crime and to have an interest in the offender's progress through the system are made aware of their right to register. Responsible agencies will not be required to notify a victim about the register if the agency does not have the sufficient information to inform the person, despite having taken reasonable steps to ascertain that information from prosecuting authorities. This ensures that an agency will not breach their obligation in situations where victims are unable to be identified or unable to be contacted due to inaccurate contact details, for example. Agencies will also not be required to notify an eligible victim if they are aware that the victim does not wish to be recorded in the register or does not wish to be contacted in relation to the relevant offender. This is an important safeguard to ensure that victims' wishes are respected.
I now turn to the specifics of the bill. Schedules 1, 2 and 3 to the bill will introduce a legislative obligation on agencies responsible for administering the three victims registers in New South Wales to notify victims of certain serious offenders of the existence of the register and the victims' eligibility to register. Schedule 1 to the bill relates to the victims register for victims of young offenders established under the Children (Detention Centres) Act 1987, which is administered by Youth Justice NSW. Schedule 2 to the bill relates to the victims register for victims of adult offenders established under the Crimes (Administration of Sentences) Act 1999, which is administered by Corrective Services NSW. Schedule 3 relates to the victims register for victims of certain forensic patients established under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, which is administered by the Commissioner of Victims Rights.
Each of these schedules amends the relevant legislation to provide that the agency administering the relevant register must notify eligible victims about the existence of the register and their eligibility to register, as soon as practicable after becoming aware that a person is an eligible victim. For the Youth Justice NSW and Corrective Services NSW registers under schedules 1 and 2 to the bill, the notification obligation only applies in relation to victims of certain serious offenders, which are defined in the respective legislation for each register, as reflected within the bill. To be clear, the cohort targeted through this bill is a smaller subset of all victims who are eligible to register to be on a victims register.
For the Corrective Services register, victims who are eligible to be registered include a victim of an offender serving a sentence of imprisonment by full-time detention, a victim of an offender serving an intensive correction order for a personal violence offence, a victim of a high-risk offender and a victim of a terrorism offender. For the Youth Justice NSW register, eligible victims are victims of an offence for which the offender has been sentenced to a control order or a sentence of imprisonment where the offender was under the age of 18 at the time of the offence. Limiting the notification obligation to victims of serious offenders responds to stakeholder feedback that direct contact with victims to inform them about the register should be limited to victims of particularly serious offences. This balances the risks around re-traumatisation from unexpected contact and re‑exposure to very painful topics.
The focus on victims of serious offenders is, further, taken on the basis that victims of serious crimes may be more likely to want to access the benefits of the victims register, such as making a submission about an offender's parole, due to the significant impact that serious crimes may have. Stakeholders also indicated that victims of serious crimes are most likely to be overwhelmed in the immediate aftermath of the legal process, requiring support to ensure that their rights are upheld. For the Youth Justice NSW register, the notification obligation is limited to victims of serious young offenders as defined in section 37N of the Children (Detention Centres) Act 1987—namely, "a detainee who has been convicted of a serious children's indictable offence within the meaning of the Children (Criminal Proceedings) Act 1987".
For the Corrective Services NSW register, "serious offender" will include an offender under subsections (a), (b), (c) and (e) of the definition of "serious offender" in section 3 of the Crimes (Administration of Sentences) Act 1999. That includes an offender who is serving a sentence for life; an offender who is serving a sentence for which a non‑parole period has been set in accordance with schedule 1 to the Crimes (Sentencing Procedure) Act 1999—that is, an offender who was serving a life sentence prior to the enactment of truth in sentencing legislation—an offender who is serving a sentence of imprisonment, or one of a series of sentences of imprisonment, where the term of the sentence or the combined terms of all of the sentences in the series is such that the offender will not become eligible for release from custody, including release on parole, until the offender has spent at least 12 years in custody; and an offender who has been convicted of murder and who is subject to a sentence in respect of the conviction.
Offenders falling under subsections (d), (e1), (e2) and (f) of the definition of "serious offender" in the Crimes (Administration of Sentences) Act 1999, including offenders subject to a continued detention order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017, will not be included because these categories relate to orders made after the offender has already been sentenced and spent time in custody for the original offence. The reasons for becoming subject to a continued detention order may not relate to the victim or victims of the original offence, who may be re-traumatised by being contacted years later. Where the original offending also falls within the definition of serious offending—as would often be the case—including these categories would also involve a second mandatory contact, including for victims who chose not to register on the first occasion and may not welcome further correspondence.
For the Specialist Victims Register under schedule 3 to the bill, all eligible victims of forensic patients will be required to be notified. Eligible victims for the Specialist Victims Register are victims of forensic patients who have received a special verdict of act proven but not criminally responsible for the offence against the victim, as well as victims of forensic patients who have received a limiting term following a special hearing. Given the particular needs of victims of forensic patients, it is appropriate that all of these victims be notified about the Specialist Victims Register rather than that a separate cohort be prescribed based on the seriousness of the offending. Schedules 1, 2 and 3 to the bill provide that, in relation to each of the registers, notifiable family members who are known to prosecuting authorities be notified instead of the primary victim in situations where the victim is deceased, is under incapacity or is under the age of 18. This reflects existing legislated provisions across the registers which provide for family member representatives to be recorded on the register instead of the primary victim.
Schedules 1, 2 and 3 to the bill also provide that the relevant responsible agency is not required to notify a victim about the register if the agency does not have the sufficient information to inform the person, despite having taken reasonable steps to ascertain that information from prosecuting authorities. This ensures that an agency will not breach their obligation in situations where victims are unable to be identified or unable to be contacted—for example, due to inaccurate contact details. Similarly, schedules 1, 2 and 3 provide with respect to each agency that the requirement to notify an eligible victim does not apply if the agency is aware that that the victim does not wish to be recorded in the register or does not wish to be contacted in relation to the relevant offender. This would include, for example, where the victim has already indicated to New South Wales police or the Office of the Director of Public Prosecutions that they do not wish to engage with the register.
Schedule 4 to the bill contains amendments to facilitate the sharing of information between agencies to enable victims to be notified about victims registers. As agencies responsible for administering the registers do not hold victim contact information prior to registration, this information will need to be obtained from relevant prosecuting authorities, including the NSW Police Force and the Office of the Director of Public Prosecutions. Schedule 4 [2] to the bill amends section 7 of the Victims Rights and Support Act 2013 to ensure that a victim's contact information can be shared for the purpose of informing victims about services, support or assistance available to them, including advising victims of their eligibility to be registered on a victims register.
The bill does this by providing that section 6.8 of the Charter of Victims Rights, which provides that a victim's residential address and telephone number will not be disclosed unless a court otherwise directs, does not apply when an agency is disclosing, to the extent reasonably necessary, a victim's contact information to allow another agency to inform the victim about services, support or assistance available to them, including advising victims of their eligibility to be recorded on a victims register. This amendment is needed so that prosecuting authorities can share a victim's phone number and address with the agency administering the register so that the agency can contact the victim by letter or by phone. Schedule 4 to the bill also amends the Victims Rights and Support Act 2013 to clarify that the sharing of victim information between agencies responsible for administering the registers and other agencies is permissible under privacy legislation.
Schedule 4 to the bill does this by inserting a new subsection into the existing information‑sharing provision under section 112A of the Victims Rights and Support Act 2013, which exempts agencies from specific sections of the Privacy and Personal Information Protection Act 1998 when victim information is disclosed for specific purposes. Schedule 4 [4] inserts new section 112A (1) (c), which provides that victims rights agencies are not required to comply with privacy legislation where that would prevent them from the disclosure of personal information that is reasonably necessary to enable an agency to comply with an obligation to notify victims about victims registers. Schedule 4 [5] also provides that the disclosure of health information is similarly permissible. This is relevant to the sharing of information for the Specialist Victims Register, given that the fact that a person is a forensic patient is health information under the Health Records and Information Privacy Act 2002.
To conclude on the specifics, I make clear that the key legislative change delivered through this bill is a positive obligation on agencies responsible for notifying victims of serious offenders in the circumstances, and subject to the exceptions I have outlined above. Subsequent amendments are proposed to additional Acts to enable this positive obligation to operate. The bill does not amend the existing frameworks for the operation of the victims registers in New South Wales, including the eligibility of victims or the notifications that they receive once they choose to register. The Government is committed to supporting a victim-centric approach to administering the victims registers that is both accessible and sensitive to the needs of diverse victim groups and addresses identified relating to registration.
I thank all of the individual victims who contributed to this reform for their contributions and brave advocacy, including Samantha Barlow, Laurence Barlow, Martha Jabour and Howard Brown. I thank also the many victims support and advocacy groups that were consulted, including Homicide Victims' Support Group; Victims of Terrorism Australia; Women's Legal Service NSW; Wirringa Baiya; Domestic Violence NSW; Full Stop Australia; No to Violence; Victims of Crime Assistance League; Knowmore; Fighters Against Child Abuse Australia; Survivors & Mates Support Network; Victims Advisory Board; Enough is Enough; People with Disability Australia; Intellectual Disability Rights Service and ACON.
These reforms show that the NSW Government takes seriously its responsibility to protect community safety and support victims of crime. This includes responding to calls for improvements to the systems in place to support those affected by the heinous and deplorable offences that have unfortunately taken place in our State. By legislating a mandatory notification for victims of serious offenders, these reforms give those victims who wish to seek it, the greater peace of mind and support for safety planning that they deserve. I am proud to deliver a bill that achieves a careful balance between improving the current registration process for victims registers while responding to victims' feedback about the importance of maintaining victims' agency and consent. I commend the bill to the House.
Debate adjourned.
