How to Write a Victim Impact Statement in New South Wales

If you're preparing to write a victim impact statement in New South Wales, you are not alone. Thousands of people go through this process every year. Many of them find it hard to know where to start.

This guide explains what a victim impact statement is in NSW, who can make one, what to include, and how to submit it. It also covers how a statement can support a criminal injuries compensation claim.

What is a victim impact statement?

A victim impact statement is a written document you give to the court after an offender has been found guilty or has pleaded guilty. It tells the judge or magistrate how the crime has affected your life.

It is not the same as the statement you gave to Police. That statement described what happened. This one is about the impact on you:  your emotions, your body, your relationships, your finances, and your daily life.

The court reads your statement before deciding the offender's sentence. It is one of the things a judge considers when working out how serious the harm was.

Who can make one in NSW?

In New South Wales, you can make a victim impact statement if you are:

• A primary victim. That is, someone who was directly harmed by the offense, physically or psychologically
• A family victim. That is, a close family member of a person who died as a result of a crime

Each family member can write their own statement. You do not have to coordinate or combine them.

The legislation that governs victim impact statements in NSW is the *Crimes (Sentencing Procedure) Act 1999*.

Do you have to write one?

No. Writing a victim impact statement is completely voluntary.

If you choose not to write one, the court will not assume the crime had little impact on you. The judge will still hear about the offense through other evidence. Not submitting a statement does not harm your case.

Some people find writing a statement helpful. It can feel like reclaiming a voice that the crime took away. Others find it too hard or too re-traumatising, and that is a valid choice too. There is no right answer.

What to include

Your statement should focus on the impact of the crime on your life. This can include:

Emotional and psychological harm

How you have felt since the offense. This might include fear, grief, anger, depression, anxiety, difficulty sleeping, or post-traumatic stress. If you have received a diagnosis or been in treatment, you can include that.

Physical harm

Any injuries you suffered. Pain, treatment, ongoing physical effects, and how your body has changed since the crime.

The impact on your daily life

How the crime has changed what you are able to do. Work, study, social activities, things you used to enjoy, routines that no longer feel safe.

Relationships

How your relationships with family, friends, and your community have been affected.

Financial harm

Lost income, out-of-pocket expenses, treatment costs, anything you have had to spend or could not earn because of what happened.

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Who you were before

A picture of your life before the offense. This helps the court understand what was taken from you.

Your statement can also include photographs, drawings, or other materials that help express the impact.

What not to include

There are rules about what courts can consider in NSW. Your statement should not include:

• A detailed description of the crime itself (this is covered by other evidence)
• Offensive or threatening language about the offender
• An opinion on what sentence the offender should receive
• Information about other offences not related to the current matter

If your statement contains material the court cannot admit as evidence, the prosecutor may speak with you before the hearing about making changes.

How long can it be?

In NSW, your statement can be as short as you like or up to 20 A4 pages. That limit includes any supporting documents such as medical reports.

Most statements are shorter than that. Write as much or as little as feels right for you. The court is not looking for length. It is looking for honesty about the impact.

Who helps you write it?

You do not have to write your statement alone. People who can help include:

• Your Witness Assistance Service (WAS) officer, if the matter is being handled by the Office of the Director of Public Prosecutions (ODPP)
• The ODPP prosecutor assigned to your case
• A counsellor or psychologist you are already seeing
• Family or friends you trust

You can also contact Victims Services NSW for information and support on 1800 633 063.

If the case is in the District or Supreme Court, the WAS can provide dedicated support through the process.

How to submit your statement

You give your completed statement to the prosecutor handling your case. If you have a WAS officer, give it to them. They will make sure it reaches the court.

Your statement is read by the judge or magistrate after conviction but before sentencing. It becomes part of the court record.

Can you read it aloud in court?

Yes. You have the right to read your statement aloud in court if you want to. The prosecutor can also read it on your behalf, or another person you choose.

If you want to read it yourself but find it difficult to be in the same room as the offender, you can ask to read it via audio-visual link from a separate room. A support person can be with you.

Talk to your WAS officer or the prosecutor if you have questions about how the statement will be presented.

Privacy and the court record

Once your statement is given to the court, it becomes part of the court record. Members of the public and the media can apply to read it.

If you have concerns about privacy, speak with the prosecutor. Courts have protections in place for identifying information in cases involving sexual offences.

How this connects to compensation

A victim impact statement can also support a criminal injuries compensation claim in NSW through Victims Services.

The compensation scheme provides financial assistance for victims of violent crime, including acts of family and domestic violence, sexual assault, and other serious offences. It is separate from the criminal court process.

Your victim impact statement describes the harm you experienced. That same information is relevant when you apply for financial assistance. If you are applying for both, talk to Victims Services early so you understand how the processes relate.

Contact Victims Services NSW on 1800 633 063 (free call) or visit victimsservices.justice.nsw.gov.au.

Support services in New South Wales

Writing about what happened can bring up difficult feelings. Please reach out if you need support.

Victims Access Line (NSW): 1800 633 063 — information, support and referral for victims of crime

Witness Assistance Service (ODPP): 02 9285 8606 or 1800 814 534 (free call) — help with your victim impact statement if your matter is in the District or Supreme Court

1800RESPECT: 1800 737 732 — 24-hour support for family and domestic violence and sexual assault

Lifeline: 13 11 14 — 24-hour crisis support

NSW Rape Crisis Centre: 1800 424 017 — 24-hour support for people affected by sexual assault