Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024

20 November 2024

The Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024 is a clear demonstration of the Minns Labor Government's commitment to supporting victims of crime and their families, especially families of victims of road crime. It addresses a glaring gap in the current legislation by ensuring that families of road crime victims receive the support they deserve and desperately need. Currently, families of road crime victims are excluded from counselling under the Victims Support Scheme unless the crime was intentional or linked to terrorism. The bill rectifies that inequity. The trauma experienced by families who lose loved ones in road crimes is no less significant than those affected by other forms of crime. In my short time as the member for Leppington, having stood face to face with families who have lost their loved ones because of road crime, I cannot emphasise that strongly enough.

The bill extends counselling services to immediate family members of road crime victims. Eligible family members will have access to up to 22 hours of free counselling, with the option for additional hours if approved by the commissioner. For the first time, road crime victims will be explicitly recognised as victims of crime under the Charter of Victims Rights, ensuring they are afforded the same dignity, recognition and access to support as other crime victims. The eligibility criteria is inclusive and covers a range of incidents, including when a person is charged with a driving offence, such as manslaughter, even if there is no conviction; and if the offender is deceased, unlocatable or not charged, provided sufficient evidence of a crime exists.

Importantly, the bill allows retroactive eligibility for incidents that occurred up to two years before the law's commencement, with exceptions for older cases in extraordinary circumstances. A very important reason for me that the bill is retroactive is the case I have spoken about in this place on a number of occasions—including in discussion on a petition the member for Liverpool brought to the House—which is that of the Kauffman family. Their story has affected me deeply, as well as the communities of Liverpool and Leppington, and it shows the personal impact on families of victims of road crime and why this reform is so important.

Angelina and her daughter Ayeanna are the mother and sister of Alina and Ernesto, whose lives were lost in a horrific road incident just over a year ago that should never have happened. I met Angelina and Ayeanna in my office in October last year about two months after the incident. Being a member of Parliament is a tough job. We all know that. But having to sit, listen and support Angelina and her daughter and hear what they have had to go through each and every day was probably one of the more difficult things I have had to do in this job. To know that if and when the bill passes, they will be getting the expert support they deserve and need really hits home for me. It is good to know that we do make a difference in this job. We meet with people, they present us with a problem and the wheels of government turn and laws change, and we do make a difference to individual people's lives.

I will tell the story of Ernesto and Alina. Ernesto was working a retail job and Angelina, his mum, was going to pick him up from work because he was finishing up. But instead his sister decided she would go down and get him. They were one street away from their home when the alleged offender, who was doing well over the speed limit and driving on the wrong side of the road, hit them and killed them both instantly. Angelina still goes to that spot every day. It was initially a bit of an unofficial shrine, but we have been working with Liverpool City Council and it is now an official memorial to those two lives. As I said, that incident has affected everyone in our community very deeply.

The other thing that hits home for me is the ages of Ernesto and Alina. I have a 17-year-old daughter who has had her licence for about six months now. I also have a 15-year-old son. They are both similar ages to that of Alina and Ernesto. I cannot help but worry every time my daughter goes out in the car with my son to get some acai or Macca's. I cannot help but think of what happened in Ashcroft and the impact it has had on Angelina and her friends and family. The bill is very important for that reason. But Angelina's story is not the only one. When the Road Trauma Support Group visited Parliament last week, I spoke with Katie Dokmanovic, who lives out my way. Her son Nicholas was 18 when he was killed in an accident in Leppington on Christmas Eve. She received that horrible news on Christmas Eve, and she has been a key advocate as part of the Road Trauma Support Group to get the changes in this bill through. It was great to speak with her last week, get to know her story and see the amazing work she has done. She has turned an indescribable tragedy into something positive to push the reforms through. I thank Angelina and Katie for the work they have done, and continue to do, in this space.

The bill ensures that victims' families receive timely, free counselling services, aligning with the Victims Support Scheme core principles of compassion, equity and accessibility. It recognises road crime victims under the Charter of Victims Rights and ensures they get the dignity and respect that all crime victims deserve. The bill will commence upon proclamation, and there will be a two-year retrospectivity to the bill that will allow people like Angelina to access services. Commencement by proclamation will allow time for processes to be established by Victims Services and the Commissioner of Victims Rights. The Commissioner of Victims Rights will oversee all applications, ensuring that families receive support as quickly as possible. That pathway guarantees no family is left behind, and that the rollout is as seamless as possible and handled with the appropriate care and sensitivity it requires. Families of road crime victims will finally have access to vital mental health support, helping them navigate the immense grief and trauma they face. By formally including road crime victims under the charter, the Government reaffirms its commitment to equitable treatment and justice for all victims of crime.

The psychological and emotional wellbeing of families will be significantly improved through access to those services. Having seen firsthand as an MP the impact they have on people, this is an incredibly important amending piece of legislation and I am proud to be part of a government that is making it happen. The bill is a lifeline for families who have endured unimaginable loss, like Angelina, Katie and everyone else who has suffered from these kinds of tragedies. The Minns Government is taking a stand for fairness, equity and compassion, in line with the principles espoused by the Charter of Victims Rights. The bill recognises that every victim deserves support, no matter the nature of the crime. I urge all members to support this critical amendment and stand with the families who need us most.