Tasmanian Consolidated Acts

FAMILY VIOLENCE ACT 2004 - SECT 4

In this Act, unless the contrary intention appears –

"affected child" means a child whose safety, psychological wellbeing or interests are affected or likely to be affected by family violence;

"affected person" means a person against whom family violence is directed;

"Chief Clerk of Petty Sessions" means the person holding office as the Chief Clerk of Petty Sessions under section 16 of the Justices Act 1959;

"Director, MPES" means the Director, Monetary Penalties Enforcement Services appointed under section 8 of the Monetary Penalties Enforcement Act 2005;

"economic abuse" means an offence in accordance with section 8;

"emotional abuse or intimidation" means an offence in accordance with section 9;

"external family violence order" means an order made by a court of another State or Territory of the Commonwealth or New Zealand which has been made to prevent family violence;

"Family Court order" means an order made under Part 7 of the Family Law Act 1975 of the Commonwealth;

"family relationship" means a marriage or a significant relationship within the meaning of the Relationships Act 2003, and includes a relationship in which one or both of the parties is between the ages of 16 and 18 and would, but for that fact, be a significant relationship within the meaning of that Act;

"family violence" means family violence as defined in section 7;

"family violence offence" means any offence the commission of which constitutes family violence;

"FVO" means a family violence order made under section 16;

"harassing" means doing any one or more of the following actions in respect of a particular person:

(a) following the person;

(b) keeping the person under surveillance;

(c) loitering outside the residence or workplace of the person;

(d) loitering outside a place that the person frequents;

(e) entering or interfering with the property of the person;

(f) sending offensive material to the person or leaving offensive material where it is likely to be found by, given to or brought to the attention of the person;

(g) publishing or transmitting offensive material by electronic or any other means in such a way that the offensive material is likely to be found by, or brought to the attention of, the person;

(h) using the internet or any other form of electronic communication in a way that could reasonably be expected to cause the person to be apprehensive or fearful;

(i) contacting the person by postal, telephonic, electronic or any other means of communication;

"interim FVO" means an interim FVO made under section 23;

"PFVO" means a police family violence order made under section 14;

"premises" includes any, or any part of any, of the following (whether a public place or private property):

(a) an area of land;

(b) a building or structure (whether movable or immovable), including a residence;

(c) a vehicle, vessel or aircraft;

(d) a caravan or trailer;

"property" includes everything animate or inanimate that is capable of being owned;

"rehabilitation program assessment" means an assessment of the suitability of a person to take part in a structured treatment program designed to reduce the likelihood that a person who has committed a family violence offence will re-offend;

"relevant Family Court order" means, in relation to an FVO or a PFVO, a Family Court order relating to access between –

(a) the person for whose benefit the FVO or PFVO is sought or made or the person against whom the FVO or PFVO is sought or made; and

(b) a child who is a member of the family of either of those persons;

"residential premises" means residential premises within the meaning of the Residential Tenancy Act 1997;

"residential tenancy agreement" means a residential tenancy agreement within the meaning of the Residential Tenancy Act 1997;

"risk screening" means an assessment carried out by a police officer of the likelihood of the repetition or escalation of family violence;

"safety audit" means an audit carried out by a police officer of the physical and other measures immediately available to enhance the safety of an affected person or affected child and includes the preparation of a plan to implement those measures;

"spouse or partner" of a person means another person with whom the person is, or has been, in a family relationship.