South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless some other intention is expressed, or implied by the
context—
"child" means a person under the age of 18 years;
"court" includes a tribunal, authority or person invested by law with judicial
or quasi-judicial powers, or with authority to make any inquiry or to receive
evidence;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"judge" includes the member or members of any court having authority to admit
evidence;
"legal proceeding" or "proceeding" includes any action, trial, inquiry, cause,
or matter, whether civil or criminal, in which evidence is or may be given and
includes an arbitration;
"mental disability" includes an intellectual disability;
"serious offence against the person" means—
(a)
attempted murder; or
(b)
attempted manslaughter; or
(c) a
sexual offence; or
(d)
—
(i)
an offence of stalking under section 19AA of the
Criminal Law Consolidation Act 1935 ; or
(ii)
an offence of causing serious harm under section 23
of the Criminal Law Consolidation Act 1935 ; or
(iii)
an offence involving an unlawful threat to kill or
endanger life; or
(iv)
an offence involving abduction; or
(v)
an offence involving blackmail; or
(vi)
an attempt to commit, or assault with intent to commit,
any of the offences in the preceding subparagraphs;
"sexual offence" means—
(a)
rape; or
(ab)
compelled sexual manipulation; or
(b)
indecent assault; or
(c) any
offence involving unlawful sexual intercourse or an act of gross indecency; or
(d)
incest; or
(da) any
offence involving sexual exploitation or abuse of a child, or exploitation of
a child as an object of prurient interest; or
(e) any
attempt to commit, or assault with intent to commit, any of the foregoing
offences;
"spouse"—a person is the spouse of another if they are legally married;
"sworn evidence" means evidence given under the obligation of
an oath or an affirmation; and "unsworn evidence" has a corresponding meaning;
"electric telegraph" means any system of telecommunication operated by the
Australian Telecommunication Commission or any other authority approved by
proclamation;
"telegraphic message" means any message or other communication transmitted, or
intended for transmission, or purporting to have been transmitted, by electric
telegraph;
"telegraph station" means a station established or used by the Australian
Telecommunication Commission or other authority approved by proclamation for
the receipt or transmission of telegraphic messages;
"vulnerable witness" means—
(a) a
witness who is under 16 years of age; or
(b) a
witness who suffers from a mental disability; or
(c) a
witness who is the alleged victim of an offence to which the proceedings
relate—
(i)
where the offence is a serious offence against the
person; or
(ii)
in any other case—where, because of the
circumstances of the witness or the circumstances of the case, the witness
would, in the opinion of the court, be specially disadvantaged if not treated
as a vulnerable witness; or
(d) a
witness who—
(i)
has been subjected to threats of violence or retribution
in connection with the proceedings; or
(ii)
has reasonable grounds to fear violence or retribution in
connection with the proceedings;
"young child" means a child of or under the age of 12 years.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.