Victim Impact Statements in Queensland: A Complete Guide

If you are going through the court process in Queensland, 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 or magistrate reads it before deciding the sentence.

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

What a victim impact statement is in Queensland

A victim impact statement tells the court how a crime has affected your life. In Queensland it sits under the Penalties and Sentences Act 1992. It is for victims of personal offences and of domestic and family violence, including breaches of domestic violence orders. The court considers it after a person has pleaded guilty or been found guilty, and it helps the judge understand the real, human impact of what happened.

Queensland works through the prosecutor. You prepare your statement and give it to the prosecutor on your case. The prosecutor reviews it, decides what is appropriate to put before the court, and presents it at sentencing, usually as a victim impact statement.

Making one is your choice. If you decide not to, the court will not take that to mean you were not harmed.

Who can make one in Queensland

You can make a victim impact statement if you are the victim of the offence. You may also be able to make one if you are a close family member or dependant of someone who died or was harmed by the crime, or if you were harmed yourself while stepping in to help a person who was being hurt.

If you are not sure whether you can make one, the prosecutor on your case, your victim liaison officer, or Victim Assist Queensland can tell you.

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. Your job is to describe the effect those facts had on you. You can write about physical injuries, the effect on your relationships, your work and your social life, the financial impact, and how your life compares now to before the crime.

There are some things to leave out. Do not describe the details of the crime itself. Do not raise other offences, or matters the person was not convicted of. Do not comment on the offender's character, and do not say what sentence they should receive. Avoid offensive or threatening language, and claims you cannot support. The prosecutor reviews your statement and may need to remove parts that are not allowed, and will tell you if so. For a fuller walkthrough of what to include and how to structure it, see our guide on how to write a victim impact statement.

How to write and submit it in Queensland

Write it in your own words. Someone can help you if you want. It can be as long or as short as you like. You can write it as a letter to the judge or magistrate, but you do not have to. You can handwrite it or type it. Unlike some other states, Queensland does not ask for a statutory declaration or any set format. When it is finished, sign and date it, and keep a copy.

Where you send it depends on which court is hearing the case. If your matter is in the Magistrates Court, give your statement to the investigating police officer or police prosecutor, who will tell you when they need it. If your matter is in the District or Supreme Court, it is handled by the Office of the Director of Public Prosecutions, and you give your statement to your victim liaison officer or the crown prosecutor. Either way, it needs to be in before the sentencing hearing.

It helps to know who will see it. Copies usually go to court staff, the judge or magistrate, the defence lawyers, and the offender, who is allowed to read it. There is also a separate kind of statement for matters in the Mental Health Court, which your victim liaison officer can explain.

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Reading it aloud

You can choose to read your statement to the court yourself, in person, by video, or by phone, or you can ask the prosecutor to read it for you. It does not need to be read under oath. You do not have to attend the sentence hearing unless you are asked to.

If you do read it, the court can put arrangements in place to make it easier. You can have a support person close by and in your sight. The court can exclude people from the room, position things so you do not have to see the offender, or let you read from outside the courtroom over an audio-visual link. If reading it aloud matters to you, or if you would rather not, tell the prosecutor or your victim liaison officer early so it can be arranged.

How your statement connects to money you may be owed

This is where Queensland differs from some other states, so it is worth being clear. Your victim impact statement is not a compensation claim, and it does not have a section for requesting money. Getting financial help is a separate process. There are two main paths, and your statement connects to both.

Financial assistance through Victim Assist Queensland

Queensland runs a government scheme called Victim Assist Queensland, under the Victims of Crime Assistance Act 2009. It helps people who have been injured by an act of violence in Queensland to pay for the things they need to recover. You apply directly to the scheme. You do not need a lawyer.

A few things are worth knowing.

• It is for violent crime that caused an injury, which can be physical, psychological or emotional. It does not cover theft, fraud, cybercrime or property damage where there was no violence.
• A primary victim, meaning the person directly harmed, can receive up to $75,000 in total, plus up to $500 towards legal costs of the application. This can include a special assistance payment, a lump sum between $3,000 and $15,000 that recognises the harm done to you. Primary victim applications go first to an immediate assessment team, so this payment can arrive early, before the rest of the claim is worked through. The scheme also helps with counselling, medical expenses, and lost earnings of up to $20,000.
• A secondary victim, such as someone injured by witnessing the violence, or a parent injured by what happened to their child, can receive up to $50,000. Close family members of someone killed by violence can claim a distress payment, funeral expenses of up to $8,000, and other costs.
• If you have urgent expenses, you can apply for interim assistance of up to $6,000, usually decided within about three weeks. It is later deducted from your final grant.
• Assistance does not depend on anyone being charged or convicted, and you do not need to wait for the court case to finish before applying.
• You generally need to have reported the crime to police first. If you are what the scheme calls a special primary victim, which includes children and victims of sexual or domestic violence, you can instead have reported to a doctor, counsellor, psychologist, or domestic violence service.
• You should apply within three years. For a victim who was a child at the time, the application can be made up until they turn 21. For a family member of someone who died, it is three years from the death. Extensions can be granted on request, and if one is refused you must be told why and how to have that decision reviewed, so it is still worth asking if you are outside these times.
• It is a complementary scheme, which means it pays for things not already covered by another source, such as Medicare, WorkCover or private insurance.
• You can apply online or on a paper form. Be aware there can be a wait, as the scheme has a high number of claims.

Compensation ordered by the court

Separately, when it sentences an offender, a Queensland court can order them to pay compensation or restitution for injury, loss or damage caused by the crime. This is decided at the sentencing hearing, and it comes from the offender, not the government.

Two things are worth knowing about this path. First, the court can take the offender's ability to pay into account, and if they have little or nothing, or they are going to prison, an order may not be made, or may be slow to arrive. Second, Queensland gives you real help collecting. The court can refer the order to the State Penalties Enforcement Registry, known as SPER, which collects the money from the offender on your behalf, sometimes by instalments. It can take time, and in some cases the full amount cannot be recovered, but you are not left to chase it on your own. If you think a compensation or restitution order might apply to you, raise it with the prosecutor or your victim liaison officer before the sentencing hearing.

Do you need your statement for a compensation claim?

This is a common question, and the honest answer in Queensland is no for one path, and it helps with the other.

For Victim Assist Queensland, you do not need a victim impact statement, and the application does not ask for one. The scheme works out your claim from its own form and the evidence behind it, such as the police report and medical records. If gathering that evidence is hard, Victim Assist can, with your permission, collect it for you from places like the police, hospitals and your counsellor. You can apply whether or not you ever make a statement to the court.

For compensation ordered against the offender, a statement is not required, but it helps. The order is made by the same court, at the same sentencing hearing where your statement is considered, and it depends on the court understanding your injury and losses. Your statement puts exactly that in front of the judge or magistrate. So if you want the court to consider a compensation or restitution order, say so to the prosecutor or your victim liaison officer before sentencing, and let your statement do double duty.

One more thing to keep in mind. If you receive a payment from another source for the same expenses, you must let Victim Assist know, and your assistance can be adjusted, so you are not paid twice for the same thing. The government can also recover assistance it has paid you from a convicted offender, but that happens between the government and the offender, and does not reduce what you receive.

How the two fit together

In Queensland these are separate from your victim impact statement, but they rest on the same thing: a clear account of how the crime harmed you. A financial assistance claim is assessed on your injury and what you need to recover, which is exactly what your statement describes. The evidence overlaps too. Medical certificates, counselling records, proof of time off work, and receipts all support both. The same people can help with both as well. Your victim liaison officer, and Victim Assist Queensland, can assist with your statement and with applying for financial assistance. So the honest account you write, and the evidence you gather, is never wasted.

Support services in Queensland

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

• Victim Assist Queensland provides financial assistance, information and referrals, and can help you prepare your victim impact statement and connect with support. Call 1300 546 587 or email victimassist@justice.qld.gov.au.
• The Office of the Victims' Commissioner is an independent office that promotes and protects victims' rights, publishes information about the system, and can look into complaints where an agency has not upheld your rights. Visit victimscommissioner.qld.gov.au.
• Victim Liaison Officers at the Office of the Director of Public Prosecutions support victims and witnesses in serious matters, help with your statement, and connect you with services. Visit odpp.qld.gov.au.
• VictimConnect offers free, confidential counselling and case management to help with the practical and emotional impact of violent crime. Call 1300 318 940.
• PACT (Protect All Children Today) provides free court support to children and vulnerable witnesses, helping them understand the process and stand beside them as they give evidence. Call 1800 449 632.
• DVConnect runs Womensline on 1800 811 811, any time, and Mensline on 1800 600 636, for people affected by domestic and family violence, with crisis support, safe accommodation and counselling. Its Sexual Assault Helpline, on 1800 010 120, is for anyone in Queensland affected by sexual assault or abuse.
• Queensland Homicide Victims' Support Group supports families bereaved by homicide, any time, on 1800 774 744.
• Legal Aid Queensland offers free legal help for people in financial need, including in sexual assault matters, on 1300 651 188.
• 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

Is there a length limit for a victim impact statement in Queensland?

No set rule. Victim Assist suggests anything from a paragraph to about three pages. Say what matters and stop.

Does my statement need to be a statutory declaration?

No. Unlike some states, Queensland does not require one. You sign and date your statement, and it is not read under oath.

Do I have to read my statement aloud in court?

No. You can read it in person, by video or by phone, ask the prosecutor to read it, or have it given to the court without being read aloud.

Does the offender see my statement?

Usually, yes. Copies generally go to the judge or magistrate, court staff, the defence lawyers, and the offender.

Do I need a victim impact statement to claim financial assistance?

No. Victim Assist Queensland is a separate application and does not ask for one. A statement does help if you want the court to order the offender to pay compensation, because both happen at sentencing.

How Justice Draft helps in Queensland

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 then give it to the prosecutor or your victim liaison officer. Because financial assistance rests on 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 Queensland gives you a real place to say so, both to the court and, separately, towards getting some support to recover.