Victim Impact Statements in Tasmania: A Complete Guide

If you are going through the court process in Tasmania, a victim impact statement is your chance to be heard. It is your account, in your own words, of how a crime has affected you. The judge reads it before deciding the sentence.

This guide covers everything you need to know about writing and submitting one in Tasmania. It also explains how your statement connects to financial assistance, what happens at parole, and where to find help along the way. It is written for the person actually going through this, not for lawyers.

What a victim impact statement is in Tasmania

A victim impact statement tells the court how a crime has affected your life. In Tasmania it sits under the Sentencing Act 1997. You make it after a person has pleaded guilty or been found guilty, and the court takes it into account when sentencing.

Two things set Tasmania apart. First, victim impact statements are available for indictable crimes, which are the more serious offences, the kind dealt with in the Supreme Court. If you are not sure whether the crime in your case counts, Tasmania Police, the Victims of Crime Service or Victims Support Services can tell you. Second, your statement goes to the court through Victims Support Services, a dedicated government unit, rather than straight to the prosecutor. They receive it, check it, and hand it to the court for you.

Making a statement is your choice. If you decide not to, the court will not assume that you suffered little or no harm. Many people also find that writing one helps them acknowledge the reality and extent of what the crime took from them, even though the writing itself can be hard.

Who can make one in Tasmania

You can make a victim impact statement if you suffered injury as a result of an indictable crime. Injury is not only physical. The statement covers physical, emotional and financial effects.

If the crime caused the death of a family member, members of the immediate family can make a statement. That includes a spouse or de facto partner, a parent, guardian or stepparent, a child or stepchild, and a sibling or stepsibling. Each person makes their own statement about how the loss has affected them.

What to put in, and what to leave out

Your statement is about impact, not evidence. The court already has the facts of the crime, so you do not need to describe what happened. Your job is to describe the effect it had on you.

In Tasmania, that can include a description of any physical injuries, the pain they caused, the treatment you have had or are still having, and how those injuries have changed your life. It can include financial loss, and what that loss has meant for your day to day living. It can include emotional and psychological harm, the effect on your family, your relationships, your work and your lifestyle, and anything else you think the court should consider.

If you lost a loved one, you can also include a picture of who they were. What they were like, what they meant to you, and how life has changed since their death.

There are limits. Keep out your opinion on the sentence, because that is a matter for the court. Victims Support Services will check your statement before it goes to the court and let you know if anything cannot be included, and they will help you make any changes. One more thing to know: the judge or magistrate can ask you questions about the contents of your statement, so everything in it needs to be true and yours.

For a fuller walkthrough of what to include and how to structure it, see our guide on how to write a victim impact statement.

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How to write and submit it in Tasmania

Your statement must be written or typed. You can write your own from scratch, or use the official victim impact statement form, which is available from Service Tasmania as a PDF or Word document. Either way, you sign and date it at the end, below a line saying the statement is true to the best of your knowledge. Unlike Victoria, Tasmania does not require a statutory declaration for a victim impact statement, so there is no witnessing step.

The deadline matters. You need to give your statement to Victims Support Services at least five days before the expected sentencing. They will check it, help you make any required changes, and provide the completed statement to the court. You can change your statement at any time before it is read to the court, so getting it in early does not lock it in.

Victims Support Services is at Level 1, 54 Victoria Street, Hobart. You can call them on 1300 663 773, or email victims@justice.tas.gov.au. If your case is being prosecuted by the Director of Public Prosecutions, a witness assistance officer can also help you prepare your statement.

Take your time with the writing. It can take a few attempts to put the effects of a crime into words, and that is normal. You can ask a counsellor, psychologist or support worker to help you, and Victims Support Services can help too.

Reading it aloud

You choose how your statement is presented. You can read it aloud to the court yourself, have a court officer read it on your behalf, or have the court take it into account without it being read out at all. There is no wrong choice. Some people find reading it themselves gives the moment weight. Others would rather the words speak without them standing up. Tell Victims Support Services or the witness assistance officer what you prefer, and they will arrange it.

Your statement and the Parole Board

Tasmania gives your voice a second life that many people do not know about. If the offender receives a prison sentence, you can join the Eligible Persons Register, which keeps you informed about the offender's progress, including any leave and upcoming parole hearings.

When the offender becomes eligible for parole, registered victims are given the opportunity to submit a victim impact statement to the Parole Board. This one can cover how the crime affected you, how it still affects you, how you feel about the offender's release, and any conditions you would want on a parole order, such as a non-contact clause or an exclusion zone. It is not compulsory, and the decision rests with the Parole Board, but it is your chance to be part of it. Victims Support Services can help you write this statement as well.

How your statement connects to money you may be owed

In Tasmania, financial help after a violent crime is separate from your victim impact statement, but the two rest on the same account of harm.

Victims of Crime Assistance

Tasmania's scheme runs under the Victims of Crime Assistance Act 1976. Payments come from a government fund to acknowledge your pain and suffering and to compensate loss of income, medical costs and other expenses that flowed from the crime. Anyone who suffered a physical or psychological injury as a result of a violent crime in Tasmania may be able to apply. A few things are worth knowing.

• You apply to Victims Support Services, and independent Criminal Injuries Compensation Commissioners decide the outcome. The application form is a statutory declaration, so it needs to be witnessed before you lodge it.
• The offender does not need to have been convicted, or even prosecuted, for you to apply. If they were convicted, that is treated as conclusive proof the offence happened.
• The maximum award for a primary victim is $30,000 for a single offence, or $50,000 for more than one offence. Secondary victims, such as someone who witnessed the crime or the parent of a child victim, can receive up to $20,000, and related victims, such as a spouse or immediate family member, up to $10,000. These caps are indexed, so the current figures sit a little higher, and the Commissioner can award future medical and counselling expenses on top.
• Time limits apply. Adults generally have three years from the date of the offence. A child victim has three years from turning 18. Commissioners can extend these in special circumstances, and there is no time limit at all for applications involving child sexual abuse.
• You may be invited to a hearing, held in a friendly, informal setting in Hobart, Launceston or Burnie. The offender is not present, and you can bring a support person. If you would rather not attend, you can have a telephone hearing or ask for a decision on the papers.
• Allow time. Applications can take six to twelve months or longer, depending on how quickly police files and medical reports come through. If the offender is found guilty, the state can order them to repay the fund, but you are paid from the fund either way.

The scheme does not cover damaged or stolen property, and injuries from motor vehicles sit under the Motor Accidents Insurance Board instead. If the offender has assets, you may also be able to sue them for damages, which a lawyer can advise you about. Tasmania Legal Aid's advice line is a good first call.

Do you need your statement for a claim?

No. The assistance application is its own form, and you can apply whether or not you ever make a victim impact statement to the court. But the work carries over. The application asks you to explain how the crime has affected you, which is exactly what your statement already says. The same medical and psychological reports support both. And if you attend a hearing, the Commissioner will ask you to talk about how the crime changed your life, which is a spoken version of the same account.

How it fits together

The quiet advantage of Tasmania's system is that one door leads to all of it. Victims Support Services helps with your statement for court, helps with your statement for the Parole Board, and processes your assistance application. Tell them everything you are dealing with, once, and ask what you are eligible for. Their services are free and confidential, and they can arrange support for people in rural and remote areas.

Support services in Tasmania

You do not have to face any of this alone. These are the main services in Tasmania, what they do, and how to reach them.

• Victims Support Services receives your victim impact statement, helps you prepare it, runs the Eligible Persons Register and processes Victims of Crime Assistance applications. Call 1300 663 773 or email victims@justice.tas.gov.au.
• The Victims of Crime Service provides free trauma counselling, advice and support for victims of crime, including after hours emergencies. Call 1300 300 238.
• The Witness Assistance Service at the Office of the Director of Public Prosecutions supports victims and witnesses through the court process and can help you prepare your statement, with offices in Hobart, Launceston and Burnie. Email was@justice.tas.gov.au.
• The Statewide Sexual Assault Crisis Support Line is available 24 hours on 1800 697 877, run by the Sexual Assault Support Service in the south and Laurel House in the north and north west.
• The Family Violence Counselling and Support Service offers free specialist counselling for people affected by family violence. Call 1800 608 122, 9am to midnight on weekdays and 4pm to midnight on weekends.
• The Safe at Home Family Violence Response and Referral Line is available 24 hours on 1800 633 937.
• Tasmania Legal Aid gives free legal advice, including on victims of crime compensation. Call the advice line on 1300 366 611.
• National lines: 1800RESPECT on 1800 737 732 for sexual assault and family violence, Lifeline on 13 11 14 for crisis support, and 13YARN on 13 92 76 for Aboriginal and Torres Strait Islander callers.

Quick answers

Does a victim impact statement have to be a statutory declaration in Tasmania?

No. You sign and date it below a line saying it is true to the best of your knowledge, and no witness is needed. The Victims of Crime Assistance application is the document that must be a statutory declaration.

When is the deadline?

Your statement needs to reach Victims Support Services at least five days before the expected sentencing. You can still change it at any time before it is read to the court.

Do I have to read my statement aloud in court?

No. You can read it yourself, have a court officer read it for you, or have the court consider it without it being read out.

Can I make a statement for any crime?

Victim impact statements in Tasmania apply to indictable crimes, which are the more serious offences. If you are not sure whether your case qualifies, ask Tasmania Police, the Victims of Crime Service or Victims Support Services.

Do I need a victim impact statement to claim compensation?

No. Victims of Crime Assistance is a separate application, and you can apply without ever making a statement to the court. The two rest on the same account of how you were harmed, so the work you do on one carries over to the other.

How Justice Draft helps in Tasmania

The hardest part of a victim impact statement is usually the blank page. Justice Draft was built for exactly that. Our free guided questions take you through it one step at a time, in plain language, and turn your answers into a finished statement you can print and sign. Tasmania accepts a statement you have written yourself, so you do not have to use the official form. Give your finished statement to Victims Support Services at least five days before sentencing, and they will check it and pass it to the court. Because the assistance scheme asks for the same account of how you were harmed, the work you do here carries over to that as well.

A final word

There is no perfect victim impact statement. You are aiming for honest, in your own words. What happened to you mattered, and Tasmania gives you a real place to say so. To the court, to the Parole Board if it comes to that, and, separately, towards getting some support to recover.