South Australian Consolidated Acts

DOMESTIC VIOLENCE ACT 1994 - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"child" means a person who has not attained 18 years of age;

"close personal relationship" means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—

            (a)         the relationship between a legally married couple; or

            (b)         a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;

Note—

Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.

"Court" means the Magistrates Court of South Australia;

"defendant" means a person against whom a domestic violence restraining order is sought or made;

"domestic partner"—a person is the domestic partner of a defendant if he or she lives with the defendant in a close personal relationship;

"domestic violence restraining order" means an order under section 4 and includes a firearms order that is supplementary to that order;

"firearms order" means an order under section 10 supplementary to an order under section 4;

"foreign domestic violence restraining order" means an order made under a law of another State or a Territory of the Commonwealth or New Zealand declared by regulation to be a law corresponding to this Act;

"member of the defendant's family", or "family member in relation to a defendant, means—

            (a)         a spouse or former spouse of the defendant;

            (b)         a domestic partner or former domestic partner of the defendant; or

            (c)         a child of whom—

                  (i)         the defendant; or

                  (ii)         a spouse or former spouse of the defendant; or

                  (iii)         a domestic partner or former domestic partner of the defendant,

has custody as a parent or guardian; or

            (d)         a child who normally or regularly resides with—

                  (i)         the defendant; or

                  (ii)         a spouse or former spouse of the defendant; or

                  (iii)         a domestic partner or former domestic partner of the defendant;

"Principal Registrar" means the Principal Registrar of the Court;

"relevant family contact order", in relation to a domestic violence restraining order or an application for a domestic violence restraining order, means a Division 11 contact order within the meaning of Part 7 of the Family Law Act 1975 of the Commonwealth, as amended from time to time, that relates to contact between—

            (a)         the person for whose benefit, or against whom, the domestic violence restraining order is made or sought; and

            (b)         a child of, or in the care of, either of those persons;

"rules" means the rules of the Court;

"spouse"—a person is the spouse of another if they are legally married;

"telephone" includes any telecommunication device.