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45 Monash U. L. Rev. 1 (2019)

handle is hein.journals/monash45 and id is 1 raw text is: DEVELOPMENT OF THE OFFICE OF COMMISSIONER OF VICTIMS' RIGHTS AS AN APPROPRIATE RESPONSE TO IMPROVING THE EXPERIENCES OF VICTIMS IN THE CRIMINAL JUSTICE SYSTEM: INTEGRITY, ACCESS AND JUSTICE FOR VICTIMS OF CRIME TYRONE KIRCHENGAST*, MARY ILIADIS** AND MICHAEL O'CONNELL*** Meeting the needs of crime victims has emerged as a significant 21 century concern. In the Australian context, various commissions of inquiry have recently considered how the interests of victims may be maintained in a system based on adversarial exchange between the accused and the state. Consensus has emerged around the further development of existing charters of victims' rights as the framework through which victims' interests may be secured. Importantly, reform ofexisting charter rights and the office that administers such charters, the Office of Commissioner of Victims' Rights, provides a means of addressing the recommendations of the various inquiries in a way that supports the participatory needs of victims, while maintaining the independence and integrity of criminal justice processes that provide due process to the accused. This article considers the ways in which the Office of Commissioner of Victims' Rights may be further developed to provide for the needs of victims against the need to maintain the adversarial character of criminal justice, and due process rights of the accused. I INTRODUCTION Recent inquiries including those of the Victorian Law Reform Commission ('VLRC')' and Royal Commissions into Institutional Responses to Child Sexual * Associate Professor, Sydney Law School, University of Sydney, NSW 2006. The authors thank the anonymous reviewers for their constructive remarks. ** Lecturer, Department of Criminology, School of Humanities and Social Sciences, Deakin University, VIC 3125. *** Commissioner for Victims' Rights for South Australia (2006-18), Government of South Australia, SA 5000. 1 Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016) ('The Role of Victims of Crime').

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