My client is a Victim
If your client is a victim of an offence where the person charged has been, or is likely to be, diverted from the criminal justice system to the forensic mental health system, (includes Mental Health Court and Mental Health Review Tribunal), your client is eligible for help from QHVSS. Your client is also eligible if the person charged has been transferred from custody, or directly after an offence, to a secure mental health service. When this occurs the person charged is likely to be a Classified patient under the Mental Health Act 2016.
Queensland Health Victim Support Service works collaboratively with other professionals and services to coordinate support for victims of violence. If you are working with a victim and their family where the person charged has a mental illness and or intellectual disability, contact us to find out how we can work together with you.
Referral Guidelines (PDF 168 kB)
Can my client receive support?
The QHVSS provides assistance to:
- The direct victim(s) of the offence
- The parents or guardians of a child victim, or a victim with legal incapacity
- Immediate family members of a deceased victim
- Other concerned persons who have been harmed or impacted by an offence eg witnesses, family members or anyone supporting a direct victim
- Professionals seeking advice, information and assistance in working with victims of crime
How can we help your client?
QHVSS can:
- Provide supportive counselling at any stage after the offence
- Advise you on your rights and entitlements so that you can make the best decisions for yourself and your family
- Help you navigate the criminal justice system and forensic mental health system
- Provide information and support for Mental Health Court, including supporting you at court
- Providing advice and assistance to those making a Victim Impact Statement to the Mental Health Court or Mental Health Review Tribunal
- Support you in applying for and obtaining more information about what is happening in your case
- Provide referrals to assist your recovery and organise additional services you or your family may need.
QHVSS staff can access interpreters in your preferred language and provide translated materials if required.
I want to find information out about the offender
What are Information Notices?
Some victims (or their families) find it helpful to receive information about the person who harmed them. If the person who harmed you, or your family member, is placed on a Forensic Order or Treatment Support Order by the Mental Health Court, you may be eligible to apply for an Information Notice.
Information Notices allow you to receive specific information about the person’s treatment and rehabilitation. Knowing that the patient is continuing to be managed by a mental health team on an order and the conditions of that order, can help you to feel safer.
Under the Mental Health Act 2016 you can apply to the Chief Psychiatrist in Queensland Health for an Information Notice.
Applications for Information Notices are facilitated through the QHVSS. We can explain the eligibility criteria and how they work. For more details or to apply for an Information Notice, speak to one of our team.
What is classified patient information?
If the person who harmed you or your family member is in custody and is transferred to a mental health service for assessment or treatment, they become a Classified Patient. You can apply to the Chief Psychiatrist in Queensland for information about the classified patient.
To find out more contact QHVSS on 1800 208 005, or email victim.support@health.qld.gov.au
What Courts can I be referred to?
Mental Health Court
If you or a family member have been a victim of serious violence and the person charged has a mental illness or intellectual disability, they can be referred to the Mental Health Court. Queensland has one Mental Health Court located in Brisbane, which is made up of a Supreme Court Judge and two assisting psychiatrists.
The Mental Health Court determines whether a person charged was of unsound mind at the time of the offence or is now temporarily or permanently unfit for trial. This is a specialist court in Queensland and QHVSS is able to help you understand the court process and decisions in your case.
Information about Mental Health Court
Magistrates Court
Magistrates in Queensland can decide on the balance of probability that a person charged can receive a mental health defence. If you or a member of your family have been a victim of crime and the person charged receives a mental health defence in the Magistrates Court, QHVSS can help you to understand the court process and how you can be supported.
Information about Magistrate Court
Victim Support Service - Resources
These websites may be useful to you. They are not managed by the QHVSS.
| Sub category | Title | Description |
|---|---|---|
| Legislation | Mental Health Act 2016 | Queensland Legislation |
| Legislation | Victims of Crime Assistance Act 2009 | Queensland Legislation |
| Legislation | Know your rights | The Office of the Victims' Commissioner | The role of the office is to promote and protect the rights and needs of victims of crime. Victims can seek information from the Office of the Victims’ Commissioner and can make a complaint here |
| Services | Victims registers | Your rights, crime and the law | Queensland Government | As a victim of crime, you have the right to access information about the person who committed a crime against you |
| Services | VictimConnect | If you have experienced a violent crime in Queensland, Victim Connect is a free, confidential service that provides information, counselling, case management Counselling occurs by phone only |
| Services | PACT – We Educate, Empower and Support Victims and Witnesses through their justice journey. | PACT (Protect All Children Today) provides free education and support to children and vulnerable victims and witnesses to assist them to understand the legal system and providing support to give their best evidence. PACT has some great resources for assisting adults to navigate the court systems |
| Services | QHVSG - Specialising in Homicide Support & Recovery | QHVSG is an experienced team of counsellors and peer supporters who offer education, advocacy and support through the aftermath of homicide. QHVSG offers a case management approach tailored for each person’s specific needs and situation. 24 hours a day, 7 days a week |
| Services | Mental Health Court | The Mental Health Court decides the state of mind of people charged with criminal offences The court decides whether an alleged offender was of unsound mind when they committed an offence and whether they are fit for trial |
| Services | Mental Health Review Tribunal | The Mental Health Review Tribunal is an independent decision making body under the Mental Health Act 2016 . The Tribunal is not part of any health service or treating team and its primary purpose is to review the involuntary status of persons with a mental illness and/or intellectual disability |
| Services | Legal Aid Queensland | Legal Aid Queensland works to provide access to justice for disadvantaged Queenslanders by providing legal information, advice and representation |
| Services | Queensland Corrective Services Victims Register | The Victims Register provides victims of violent or sexual offences with information about an offender who has been sentenced to a term of imprisonment for offences committed against them |
| Services | Victim Assist Queensland | Your rights, crime and the law | Queensland Government | VAQ assist victims of crime after they experience violent crime or domestic and family violence. They provide financial assistance and referrals to other agencies |
| Services | Support for Aboriginal and Torres Strait Islander victims of crime | We help Aboriginal and Torres Strait Islander victims of violent crime (including domestic and family violence) |
| Services | Domestic and family violence help in Queensland | DV Connect help find pathways to safety, away from domestic, family and sexual violence. Assistance includes emergency transport and accommodation, safety planning, crisis counselling, intervention, information and referrals. They are available 24 hours a day |
| Fact sheets | Support for victims (MHA 2016) (PDF, 502KB) | The Mental Health Act 2016 supports victims of unlawful acts by enabling them to present victim impact statements to the Mental Health Court and Mental Health Review Tribunal |
| Fact sheets | 2. Mental Health Court - Attending the hearing | This information sheet aims to provide practical information when attending a Mental Health Court hearing |
| Fact sheets | 1. Role of Organisations – Pre Mental Health Court | Understanding the roles of the organisations involved in the Mental Health Court (MHC) system can help you to navigate this process more effectively. This information sheet aims to provide practical information about the roles of each organisation and how they can support you |
| Fact sheets | 3. Role of Organisations – During Mental Health Court | This information sheet aims to provide practical information for you about the roles of each organisation during the Mental Health Court hearing |
| Fact sheets | 4. Role of Organisations – Post Mental Health Court | This information sheet aims to provide information about the roles of each organisation following the finalisation of Mental Health Court proceedings, it identifies additional support services. |
| Self-Care Resources | Home | Medicare Mental Health | Medicare Mental Health is a free service that connects you with the mental health support that is right for you |
| Self-Care Resources | Dear Mind | Queensland government website focussed on mental wellbeing. It provides activities, stories, resources and support options. |
| Self-Care Resources | 24/7 Support for Anxiety, Depression and Suicide Prevention. - Beyond Blue |
An Australian mental health and wellbeing support organisation. They provide support programs to address issues related to depression, suicide, anxiety disorders and other related mental illness. Phone: 1300 224 636 |
| Services | Kids Helpline | Phone Counselling Service | Kids Helpline provides free online and phone counselling services for children aged 5-18 and young adults aged 18-25 |
| Services | WWILD – SVP Brisbane – WWILD-SVP Brisbane | Support for people with intellectual and learning disabilities that have experienced or are at risk of experiencing sexual violence or other crime or exploitation. | WWILD support people with intellectual or learning disabilities who are victims or survivors of sexual violence or have been victims of crime. |
| Self-Care Resources | Lifeline |
Lifeline is a not-for-profit organisation that provides free, 24-hour telephone crisis support service in Australia. Volunteer crisis supporters provide suicide prevention services, mental health support and emotional assistance via telephone, face to face and online. Phone: 13 11 14 |
| Self-Care Resources | Headspace centres and services |
Headspace centres and services operate across Australia, in metro, regional and rural areas, supporting youth mental health. Headspace provides information and resources, face to face, phone or online support Phone: (03) 9027 0100 |
| Self-Care Resources | Carers Gateway |
An Australian government central support for carers, they provide resources, face to face, online or phone support. Phone: 1800 422 737 |
| Self-Care Resources | Mental Health Online provides comprehensive and effective online services and programs free of charge. If you are experiencing mental distress, our services can help you understand and address your needs through self-assessment, self-help and, if you choose online professional support | |
| Self-Care Resources | Association of Relatives and Friends of the Mentally Ill (ARAFMI) |
Association of Relatives and Friends of the Mentally Ill (ARAFMI) Provides support, education and advocacy services to people with mental illness, their families and carers Phone: (07) 3254 1881 |