Return to normal view

Victims Register - Who is Eligible?

The application form asks you to name at least one prisoner/offender.

You cannot be placed on the Victims Register if the offender is:

• detained in a juvenile justice centre
• not yet under sentence
• no longer under sentence or subject to extended supervision.

You are eligible to be placed on the Register and receive information if:

• the prisoner/offender's conviction was for a criminal act of violence against you
• the prisoner/offender's conviction was for a criminal act of violence against a member of your family who is less than 18 years old or incapable of managing his/her own affairs due to mental impairment
• a member of your family has died as a direct result of a criminal act of violence for which the prisoner/offender has been convicted
• you are or have been the spouse/domestic partner of the prisoner/offender and have a current intervention order in force against the prisoner/offender (other than an interim intervention order)
• you are or have been the spouse/domestic partner of the prisoner/offender and you can satisfy the Registrar of a history of domestic violence against you by the prisoner/offender
• you can satisfy the Registrar that you were a witness for the prosecution at the trial and that you have a reasonably-based fear of the prisoner/offender.

You do not have to live in Victoria to be included on the Victorian Victims Register, but the prisoner/offender must be within the Victorian correctional system.

What is a Criminal Act of Violence?

Under the legislation governing the Victims Register, criminal acts of violence include the following offences:

• Murder, attempted murder, manslaughter
• Rape, sexual assault and other sexual offences, including offences against children
• Physical assault
• Domestic violence
• Stalking, kidnapping
• Aggravated burglary
• Culpable driving causing death, dangerous driving causing death or serious injury, and failing to stop and render assistance after a motor vehicle accident causing death or serious injury.

Nominating others on your behalf

If you would prefer that someone else, such as a friend or family member (called a nominee), receive the information about the prisoner on your behalf, you can indicate this when applying to be included on the Register. You must give details of your relationship to the nominee and the reason you wish them to receive the information on your behalf.

Submissions to the Adult Parole Board

If you are included on the Victims Register, you have a statutory right to make a submission to the Adult Parole Board stating any concerns you may have about the prisoner being paroled.

This submission must be in writing. In the submission, you should express any concerns you have about the prisoner being released on parole and the effect this will have on you. You may comment on any terms or conditions you believe should be part of the parole order.

Your submission will not be given to the prisoner without your consent. A prisoner will only receive a copy of your submission to the Adult Parole Board if the Board believes that the release of the submission is essential in the interests of fairness and justice, and either:

• you consent to the release of the submission to the prisoner
• you amend the submission so that you are satisfied it can be released to the prisoner.