NSW Government passes legislation to create independent advocate for victim survivors of crime

Thursday, 23 October 2025

Victim survivors of crime in NSW will have a stronger voice after the Minns Labor Government passed legislation to establish an independent commissioner to advocate for their rights.

The Victim Rights and Victims of Crime Commissioner Bill 2025 passed Parliament late on Wednesday, fulfilling an election promise to establish an Independent Victims Commissioner.

The new Commissioner will assume the advocacy functions of the current Commissioner of Victims Rights, who will continue to administer the Victims Support Scheme and register for victims of forensic patients. The new Commissioner will:

• Be appointed by the Governor and operate independently of Government.
• Advocate on behalf of victims of crime on a systemic level and oversee the Charter of Victims’ Rights, which sets out how victims of crime should be treated.
• Have the power to request or require an individual or agency to produce information or documents related to an alleged breach of the Charter.
• Be able to prepare special reports for NSW Parliament on relevant matters, including the Charter of Victims’ Rights, and enter information-sharing arrangements with public sector agencies.
• Be responsible for identifying, reviewing and conducting research into systemic issues faced by victims of crime, consulting with victims of crime and their supporters, and making recommendations to the Attorney General.

The Bill also renamed the Victims Rights and Support Act 2013 as the Victims Support Act 2013.

This will allow the Independent Victims Commissioner to appoint a new Victims Advisory Committee to replace the existing Victims Advisory Board.

The new committee will include representatives from the general community who have relevant knowledge of and experience in matters relating to victims of crime.

It will also include an Aboriginal representative as well as representation from NSW Police, the Office of the Director of Public Prosecutions, Legal Aid and the Department of Communities and Justice.

The passage of the legislation follows detailed and extensive consultation with key groups including victims’ support bodies and justice agencies.

Attributable to Attorney General Michael Daley:

“The Minns Labor Government is delivering on its promise to give victim survivors of crime a stronger voice.

“This legislation will allow for the establishment of an advocate for victim survivors of crime operating independently of Government.

“The Independent Victims Commissioner will play a crucial role in shaping policies affecting victim survivors and champion their interests.”