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DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 4 Definitions

DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 4

Definitions

In this Act:

"approved form" means a form approved under section 126 .

"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 .

"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.

"clerk" means a clerk of the Court.

"Commissioner" means the Commissioner of Police.

"consent DVO", see section 38 (1).

"copy", for Chapter 5, see section 118 .

"corresponding law" means a law of a State, another Territory or New Zealand prescribed by regulation.

"Court" means the Court of Summary Jurisdiction.

"court DVO" means:

    (a)     a CSJ DVO; or

    (b)     an interim DVO; or

    (c)     a consent DVO; or

    (d)     a DVO made by a court under Part 2.7; or

    (e)     a DVO confirmed by the Court under Part 2.10.

"CSJ DVO", see section 28 (1).

"defendant", for:

    (a)     a DVO – see section 14 ; or

    (b)     an external order – means the person against whom the order is made.

"domestic relationship", see section 9 .

"domestic violence", see section 5 .

"domestic violence order" or "DVO" means a court DVO or police DVO, and includes:

    (a)     a DVO as varied under Part 2.7 or 2.8; and

    (b)     a police DVO confirmed under Part 2.9.

"economic abuse", see section 8 .

"exposed", for domestic violence, includes:

    (a)     to see or hear the violence; and

    (b)     to witness harm resulting from the violence.

"external order" means an order in the nature of a DVO made under a corresponding law.

"family law order" means an order made under Part VII of the Family Law Act 1975 (Cth).

"family relationship", see section 10 (1).

"harm", see section 1A of the Criminal Code.

"interim DVO", see section 35 (1).

"intimate personal relationship", see section 11 .

"intimidation", see section 6 .

"issuing authority", means:

    (a)     for a CSJ DVO:

        (i)     the Court; or

        (ii)     the clerk deciding the application for the DVO; or

    (b)     for a police DVO – the authorised police officer considering making the DVO; or

    (c)     for a court DVO made under Part 2.7 – the court considering making the DVO.

"party", for a DVO, means:

    (a)     the protected person or person acting for the protected person; or

    (b)     the defendant.

"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.

"police DVO", see section 41 (1).

"premises access order", see section 22 (1).

"proceeding" means:

    (a)     the hearing of an application for:

        (i)     a DVO; or

        (ii)     the confirmation, variation or revocation of a DVO; or

    (b)     a proceeding for an offence against this Act.

protected person for:

    (a)     a DVO – see section 13 ; or

    (b)     an external order – means the person for whose protection the order is made.

"publish" includes broadcast.

"registered", for an external order, means registered under Part 3.2.

"rehabilitation program" means:

    (a)     a perpetrators' program as defined in section 78H(1) of the Sentencing Act ; or

    (b)     another program to facilitate a defendant's rehabilitation.

"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 .

"variation", of a DVO, includes the extension of the period the DVO is in force.

"young person" means an individual who is between 15 and 18 years old.