CRIMINAL PROCEDURE ACT 1986 - SECT 306M Definitions

CRIMINAL PROCEDURE ACT 1986 - SECT 306M

306M Definitions

(1) In this Part--


"child protection prohibition order" means a prohibition order within the meaning of the Child Protection (Offenders Prohibition Orders) Act 2004 , and includes an interim child protection prohibition order made under that Act.


"cognitively impaired person" means a person who has a cognitive impairment.


"court" , in relation to a proceeding referred to in section 306ZA (d), includes the Civil and Administrative Tribunal.


"courtroom" , in relation to a proceeding referred to in section 306ZA (d), includes the place where the Civil and Administrative Tribunal is sitting.


"investigating official" means--

(a) a police officer (other than a police officer who is engaged in covert investigations), or

(b) in relation to the questioning of a child--a person who is engaged, in conjunction with an investigating official described in paragraph (a), in an investigation caused to be made by the Secretary of the Department of Family and Community Services under the Children and Young Persons (Care and Protection) Act 1998 or caused to be made under child protection legislation of another State or a Territory, or

(c) any other person prescribed by the regulations for the purposes of this definition.

"personal assault offence" means any of the following offences--

(a) an offence under Part 3 of the Crimes Act 1900 ,

(b) an offence under section 545AB or 562AB of the Crimes Act 1900 ,

(c) an offence under section 562ZG, or section 562I as in force before its substitution, of the Crimes Act 1900 ,

(d) an offence under section 227 of the Children and Young Persons (Care and Protection) Act 1998 ,

(d1) an offence under section 13 or 14 of the Crimes (Domestic and Personal Violence) Act 2007 ,

(e) an offence that includes the commission of, or an intention to commit, any of the above offences,

(f) an offence of attempting, or of conspiracy or incitement, to commit any of the above offences.

"police officer" means--

(a) a member of the Australian Federal Police, or

(b) a member of the police force of a State or Territory.

"recording" means--

(a) an audio recording, or

(b) a video recording, or

(c) a video recording accompanied by a separately but contemporaneously recorded audio recording.

"vulnerable person" means a child or a cognitively impaired person.

(2) For the purposes of this Part, a
"cognitive impairment" includes any of the following--

(a) an intellectual disability,

(b) a developmental disorder (including an autistic spectrum disorder),

(c) a neurological disorder,

(d) dementia,

(e) a severe mental illness,

(f) a brain injury.

Note : See section 306P as to the application of this Part to the giving of evidence by cognitively impaired persons.