DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 4 Definitions
DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 4
DefinitionsIn this Act:
"approved form" means a form approved under section 126.
"audiovisual link" means a facility (including closed-circuit television) that enables audio and visual communication between persons at different places.
"authorised police officer" means:
(a) a police officer of or above the rank of senior sergeant; or
(b) the officer in charge for the time being of a police station.
"carers relationship", see section 12.
"CEO", for Chapter 5A, see section 124B.
"child" means an individual who is under 18 years old.
"child protection officer" means an officer of an Agency who has powers and functions for the protection of children under an Act.
"coercive control", see section 5B.
"Commissioner" means the Commissioner of Police.
"complainant", for Chapter 4, Part 4.1, Division 4A, see section 21G of the Evidence Act 1939 .
"copy", for Chapter 5, see section 118.
"corresponding law", for Chapter 3A, see section 102.
"Court" means:
(a) the Local Court, including a person exercising the jurisdiction of the Local Court under an Act or rules made under the Local Court Act 2015 ; or
(b) the Youth Justice Court mentioned in section 45 of the Youth Justice Act 2005 .
"court DVO "means a DVO made or varied under Part 2.4, Division 3, or Parts 2.5 to 2.10.
"criminal record", see section 3(1) of the Criminal Records (Spent Convictions) Act 1992 .
"domestic relationship", see section 9.
"domestic violence", see section 5.
"domestic violence concern", for Chapter 3A, see section 103C.
"domestic violence offence", for Chapter 4, Part 4.1, Division 4A, see section 21G of the Evidence Act 1939 .
domestic violence order :
(a) other than for Chapter 3A – means a court DVO or police DVO; and
(b) for Chapter 3A – see section 102.
"domestic violence related service", for Chapter 5A, see section 124B.
"DVO" means a domestic violence order made or varied under this Act.
"DVO contravention offence" means:
(a) an offence against section 120(1); or
(b) an offence of contravening a restraining order under the repealed Domestic Violence Act 1992 as in force from time to time before the commencement of this Act; or
(c) an offence of contravening an external order.
"economic abuse", see section 8.
"electronic communication", see section 5 of the Electronic Transactions (Northern Territory) Act 2000 .
"emotional or psychological abuse", see section 5A.
"exposed", for domestic violence, includes:
(a) to see or hear the violence; and
(b) to witness harm resulting from the violence.
"external order" means:
(a) an order in the nature of a DVO made by a court of New Zealand; or
(b) an order made by a court of a State or another Territory that is prescribed by regulation.
"family law order" means an order made under Part VII of the Family Law Act 1975 (Cth).
"family relationship", see section 10(1).
"final DVO", for Chapter 3A, see section 102.
"foreign order", for Chapter 3A, see section 102.
"general violence order", for Chapter 3A, see section 102.
"harm", see section 1A of the Criminal Code.
"image" means a moving or still image in any form.
Examples for definition image
1 A file stored on a computer.
2 A photo stored on a phone.
3 A video stored on a phone.
"information", for Chapter 5A, see section 124B.
"Information Commissioner" means the person appointed under section 85 of the Information Act 2002 .
"information sharing entity", for Chapter 5A, see section 124B.
"information sharing guidelines", for Chapter 5A, see section 124B.
"interim DVO", for Chapter 3A, see section 102.
"interstate DVO", see section 103A.
"interstate law enforcement agency", for Chapter 3A, see section 102.
"intimate image" means an image that depicts or is altered to appear to depict:
(a) a person engaged in a sexual act of a kind not ordinarily seen in public; or
(b) a person in a manner or context that is sexual; or
(c) the genital or anal region of a person, whether bare or covered by underwear; or
(d) a breast, whether bare or covered by underwear, of a female person or of a transgender or intersex person who identifies as female.
"intimate personal relationship", see section 11.
"intimidation", see section 6.
"issuing authority" means:
(a) f or a police DVO – the authorised police officer considering making the DVO; or
(b) for a court DVO not made under Part 2.10:
(i) the Court or the Youth Justice Court mentioned in section 45 of the Youth Justice Act 2005 ; or
(ii) a registrar deciding the application for the court DVO; or
(c) for a court DVO made under Part 2.10 – the court considering making the DVO; or
(d) for Chapter 3A – see section 102.
"issuing jurisdiction", for Chapter 3A, see section 102.
"Judge" means a Local Court Judge.
"jurisdiction", for Chapter 3A, see section 102.
"local DVO", for Chapter 3A, see section 103.
"local law enforcement agency", for Chapter 3A, see section 102.
"make", for an order, includes issue and confirm.
"New Zealand DVO", for Chapter 3A, see section 102.
"non-local DVO", for Chapter 3A, see section 102.
"participating jurisdiction", for Chapter 3A, see section 102.
"party", to a DVO, means each of the following:
(a) the protected person or person acting for the protected person;
(b) the respondent;
(c) if the application for the DVO is not made by the protected person – the applicant;
(d) if the DVO is a police DVO – the authorised police officer who made the DVO and the Commissioner;
(e) any other person allowed as a party by the Court.
"personal details", of a person, includes:
(a) the person's residential address or intended residential address; and
(b) information that identifies, or is likely to identify, the person.
"personal property", in respect of a person, includes:
(a) clothes and tools used by the person for work; and
(b) an animal belonging to the person.
"police DVO", see section 28(1).
"premises exclusion order", see section 22(1).
"proceeding" means:
(a) the hearing of an application for:
(i) a DVO; or
(ii) the variation or revocation of a DVO; or
(iii) the extension of a court DVO under Part 2.8; or
(b) a proceeding for the confirmation of a DVO; or
(c) a proceeding for an offence against this Act.
"program facilitator" means a person who:
(a) provides a rehabilitation program or a perpetrators' program; or
(b) provides assessments, support or case management associated with a rehabilitation program or a perpetrators' program.
"properly notified", for Chapter 3A, see section 103L.
protected person for:
(a) a DVO – see section 13; or
(b) an external order or interstate DVO – see section 102.
"publish" includes broadcast.
"recognised DVO", see sections 103E and 103ZH.
"recognised variation", for Chapter 3A, see section 103F.
"recorded statement", for Chapter 4, Part 4.1, see section 104.
"registered", for an external order, means registered under Part 3.2.
"registered foreign order", for Chapter 3A, see section 103B.
"registrar", see section 3 of the Local Court Act 2015 .
"rehabilitation program", means a program declared by the Minister under section 85A(1) to be a rehabilitation program.
"respondent", for:
(a) a DVO – see section 14; or
(b) an external order or interstate DVO – means the person against whom the order is made.
"restrain" includes prohibit.
"satisfied", in relation to the making, confirmation, variation or revocation of a DVO, means satisfied on the balance of probabilities.
"stalking", see section 7.
"vary", for a DVO, includes the following:
(a) amend or modify the DVO;
(b) add further conditions, restraints, prohibitions, obligations or requirements to the DVO or vary or delete conditions, restraints, prohibitions, obligations or requirements;
(c) extend or reduce the period for which the DVO remains in force.
"vulnerable witness", for Chapter 4, Part 4.1, see section 104.
"young person "means a person who is:
(a) aged 14 years or older; and
(b) under 18 years old.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.