South Australian Consolidated Acts

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BAIL ACT 1985 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"bail authority" means a court or person constituted as a bail authority by or under section 5;

"case manager" means a person responsible for supervision of a person's participation in an intervention program;

"child" means a person who was, on the day on which an offence was allegedly committed by that person, under the age of 18 years;

"community corrections officer" means—

            (a)         in relation to a child—an officer or employee of an administrative unit of the Public Service whose duties include the supervision of young offenders in the community;

            (b)         in any other case—an officer or employee of an administrative unit of the Public Service whose duties include the supervision of adult offenders in the community;

"eligible person" means a person who is eligible to apply for release on bail under section 4;

"financial condition", in relation to bail, means a condition requiring an applicant for bail to provide security or obtain guarantees, or requiring a guarantor to provide security; and "non-financial condition has a correlative meaning;

"guarantee" means an agreement under section 7;

"guarantor" means a person who enters into a guarantee;

"guardian", in relation to a child, means a parent of the child and any person who is the legal guardian of the child or who has the immediate custody and control of the child;

"intervention program" means a program that provides—

            (a)         supervised treatment; or

            (b)         supervised rehabilitation; or

            (c)         supervised behaviour management; or

            (d)         supervised access to support services; or

            (e)         a combination of any one or more of the above,

designed to address behavioural problems (including problem gambling), substance abuse or mental impairment;

"intervention program manager" means a person employed by the South Australian Courts Administration Authority to have general oversight of intervention programs and coordinate the implementation of relevant court orders (and includes a delegate of such a person);

"telephone" includes any telecommunication device for the transmission of speech;

"victim", in relation to an offence, means a person who allegedly suffers injury in consequence of the commission of the offence;

"working day" means any day except a Sunday or other public holiday.

        (2)         For the purposes of this Act, a person will be taken to have been convicted of an offence if a formal finding of guilt has been made against that person by a court whether or not the court proceeds to record a conviction.



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