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VICTIMS' CHARTER ACT 2006 (NO 65 OF 2006) - SECT 3

Definitions

    (1)     In this Act—

"Charter principles" means the principles set out in Part 2;

"criminal offence" means an offence, or a series of related offences, committed at any time, whether or not a person has been accused or convicted of that offence, and in relation to a victim, is the offence that gave rise to the injury suffered by the victim;

"domestic partner" has the same meaning as in the Crimes (Family Violence) Act 1987 ;

"family member" , in relation to a person, means—

        (a)     the spouse or domestic partner of that person; or

        (b)     a person who has or has had an intimate personal relationship with that person; or

        (c)     a person who is or has been a relative of that person; or

        (d)     a child who normally or regularly resides with that person; or

        (e)     a child of whom that person is a guardian; or

        (f)     another person who is or has been ordinarily a member of the household of that person;

"injury" means—

        (a)     actual physical bodily injury; or

        (b)     mental illness or disorder or an exacerbation of a mental illness or disorder, whether or not flowing from nervous shock; or

        (c)     pregnancy; or

        (d)     grief, distress or trauma or other significant adverse effect; or

        (e)     loss or damage to property; or

        (f)     any combination of matters referred to in paragraphs (a), (b), (c), (d) and (e);

"investigatory agency" means—

        (a)     a member of the police force; or

        (b)     a person authorised by an enactment to investigate a criminal offence;

"person adversely affected by crime" means—

        (a)     a natural person who has suffered injury as a direct result of a criminal offence, whether or not that injury was reasonably foreseeable by the offender; or

        (b)     a family member of a person referred to in paragraph (a); or

        (c)     a witness to a criminal offence;

"prosecuting agency" means—

        (a)     the Director of Public Prosecutions for Victoria; or

        (b)     a member of the police force; or

        (c)     a person authorised to bring proceedings for a criminal offence against an enactment;

"Secretary" means the Secretary to the Department of Justice;

"victim" means—

        (a)     a natural person who has suffered injury as a direct result of a criminal offence, whether or not that injury was reasonably foreseeable by the offender; or

        (b)     if a person has died as a direct result of a criminal offence committed against that person, a family member of that person; or

        (c)     if the person referred to in paragraph (a) is under 18 years of age or is incapable of managing his or her own affairs because of mental impairment, a family member of that person;

"victims' services agency" means—

        (a)     an entity established under an enactment that is responsible for the provision of services to persons adversely affected by crime; or

        (b)     a public official within the meaning of the Public Administration Act 2004 who is responsible for the provision of services to persons adversely affected by crime; or

        (c)     an entity that is publicly funded to provide services to persons adversely affected by crime.

    (2)     For the purposes of the definition of "family member" in sub-section (1), a relative, in relation to a person, means—

        (a)     a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of that person; or

        (b)     a son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law of that person; or

        (c)     a brother, sister, half-brother, half-sister, brother-in-law or sister-in-law of that person; or

        (d)     an uncle, aunt, uncle-in-law or aunt-in-law of that person; or

        (e)     a nephew or niece of that person; or

        (f)     a cousin of that person—

and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other.



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