Victim Impact Statements (NSW)

Under the Crimes (Sentencing) Act 1999, a person who has been the victim of a crime in New South Wales is entitled to provide a Victim Impact Statement (VIS) to the court. This is a statement that outlines how the offence has affected the person, which is designed to give the court insight into the impact of the crime on others. This page deals with Victim Impact Statements in New South Wales.

Contents of Victim Impact Statement

A VIS may be made by a primary victim or a family victim. A primary victim is a person directly affected by a crime. A family victim is a person who is a family member of a person who dies as a result of a crime, or of a pregnant woman who lost her baby as a result of a crime.  

A VIS may include details of any personal, emotional or economic harm they suffered as a result of the offence. It may also detail harm suffered to their relationships with others.

Form of VIS

A VIS must be in writing. It may include drawings, photos or other images. It may relate to more than one victim.  

A VIS must not include information about the offender’s criminal history, factual errors, an opinion as to the offender’s character, medical information without supporting evidence or offending language.

Material that is not given in the form of a Victim Impact Statement and tendered in court must not be treated as a VIS.

Delivery of VIS

A Victim Impact Statement is to be provided to the prosecutor, who may tender it in court. A VIS is to be accepted by the court only if it complies with the requirements of the Act and Regulations.

A victim may read this VIS aloud to the court after it has been tendered in court. If the offence is a sexual offence, this will occur in closed court. A victim may also apply to read their VIS in closed court in other types of matters.

A victim can request that all or part of their statement not be disclosed to the offender or that it not be read out in court.

How is Victim Impact Statement used?

Under section 30E of the Crimes (Sentencing) Act 1999, a VIS may be considered:

• by the sentencing court, after a finding of guilt and before imposing a sentence
• by the Supreme Court, when deciding whether to impose a non-parole period for an existing life sentence.

A VIS by a family member may be used to determine the penalty for an offence on the basis that the harmful impact of the primary victim’s death on their family   is an aspect of the harm done to the community by the crime. However, this will only occur if the prosecutor makes an application, and the court considers it to be appropriate.

Parole hearings

When a serious offender is being considered for parole, victims of the crime and their immediate family have the right to receive information about this. Under the Crimes (Administration of Sentences) Act 1999, a serious offender is a person who is serving a sentence of life imprisonment,  a sentence with a non-parole period of more than 12 years, or a person who is serving a sentence for murder. Other offenders may also be classified as serious offenders by the court, the State Parole Authority (SPA), or Corrections. When a serious offender applies for parole, victims are given the opportunity to provide their views and concerns about the application to the SPA.  

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