South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"child"—a reference to a child is not limited to biological and adopted
children—it extends to a person in relation to whom another (who is not
a biological parent) stands in the position, and undertakes the
responsibilities, of a parent; but a reference to a child does not, in the
absence of an indication to the contrary, extend to an adult child;
"claimant" means a person by whom, or on whose behalf, an application for
statutory compensation is made;
"Commissioner" means the Commissioner for Victims' Rights appointed under
Part 3 Division 2;
"conviction" includes a formal finding of guilt and "to convict has a
corresponding meaning;
"court" means the District Court;
"custody" includes—
(a) home
detention; and
(b)
detention in a training centre within the meaning of the Young
Offenders Act 1993 ; and
(c)
detention as a result of being declared liable to supervision under
Part 8A of the Criminal Law Consolidation Act 1935 ;
"dependants", in relation to a victim, means any spouse, domestic partner,
parents or children (including adult children) of the victim who are
financially dependent on the victim;
"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;
"harm" means injury, damage or loss;
"homicide" means murder or manslaughter;
"immediate family" of a person means any one or more of the following:
(a) a
spouse or domestic partner;
(b) a
parent;
(c) a
grandparent;
(d) a
child (including an adult child);
(e) a
grandchild (including an adult grandchild);
(f) a
brother or sister;
"immediate victim", in relation to an offence, means a victim of any of the
following classes:
(a) a
person who suffers physical injury as a result of the commission of the
offence;
(b) a
person who suffers psychological injury as a result of being directly involved
in the circumstances of the offence or in operations in the immediate
aftermath of the offence to deal with its consequences;
(c) if
the offence was committed against a child—a parent or guardian of the
child;
(d) if
the offence was committed against a person who dies as a result of the
offence—a member of the immediate family of the deceased;
"injury" means physical or mental injury, and includes pregnancy, mental shock
and nervous shock;
"non-financial loss" means—
(a) pain
and suffering;
(b) loss
of amenities of life;
(c) loss
of expectation of life;
(d)
disfigurement;
"offence" includes conduct on the part of a person that would constitute an
offence if it were not for that person's age or mental impairment;
"offender", in relation to an offence, means—
(a) the
person who committed the offence; or
(b) in
the case of conduct that would constitute an offence if it were not for the
person's age or mental impairment—the person who engaged in that
conduct;
"parent" includes a person who stands in the position, and undertakes the
responsibilities, of a parent;
"serious offence" means an indictable offence—
(a) that
resulted in the death of, or physical harm to, a victim; or
(b) that
is a sexual offence within the meaning of the Evidence Act 1929 ,
and includes an offence of aiding, abetting, counselling or procuring the
commission of such an offence, conspiring to commit such an offence or being
an accessory after the fact to such an offence;
"spouse"—a person is the spouse of another if they are legally married;
"statutory compensation" means compensation under this Act;
"victim", in relation to an offence, means a person who suffers harm as a
result of the commission of the offence (but does not include a person who was
a party to the commission of the offence).