Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 3

Definitions

3. Definitions



(1) In this Act-

appropriate place means-

   (a)  an approved mental health service; or

   (b)  a residential service;

approved mental health service has the same meaning as in the
Mental Health Act 1986;

authorised psychiatrist has the same meaning as in the Mental Health Act 1986;

chief psychiatrist has the same meaning as in the Mental Health Act 1986;

conduct includes doing an act and making an omission;

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court means Supreme Court or County Court and in section 47 includes
Magistrates' Court;

custodial supervision order means a supervision order referred to in section
26(2)(a); domestic partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

extended leave has the meaning given in section 56;

family member of a person means-

   (a)  a spouse or domestic partner, parent, guardian or sibling of the
        person; or

   (b)  a child of the person or of the person's spouse or domestic partner;
        federal forensic patient means a forensic patient referred to in
        paragraph (ad) of the definition of forensic patient in this
        subsection;

forensic patient means-

   (a)  a person-

   (i)  remanded in custody in an approved mental health service; or

   (ii) committed to custody in an approved mental health service by a
        supervision order-

under this Act; or

   (ab) a person detained in an approved mental health service under section
        30(2) or 30A(3); or

   (ac) a person deemed to be a forensic patient by section 73E(4) or 73K(8);
        or

   (ad) a person detained in an approved mental health service under
        section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth; or

   (b)  a person transferred from a prison to an approved mental health
        service under section 17 of the Mental Health Act 1986; forensic
        resident means a person who is-

   (a)  remanded in custody in a residential treatment facility or a
        residential institution; or

   (b)  committed to custody in a residential treatment facility or a
        residential institution by a supervision order; or

   (c)  detained in a residential treatment facility or a residential
        institution under section 30(2) or 30A(3); or

   (d)  deemed to be a forensic resident by section 73E(4) or 73K(8); or

   (e)  transferred from a prison to a residential treatment facility or a
        residential institution under section 180 of the Disability Act 2006;

investigation means investigation under Part 2;

judicial member of the Panel means a member referred to in section 59(2)(a) or
(b); legal practitioner means an Australian legal practitioner within the
meaning of the Legal Profession Act 2004;



limited off-ground leave has the meaning given in section 53; major review
means a review under section 35;



non-custodial supervision order means a supervision order referred to in
section 26(2)(b);

offence includes conduct that would, but for the perpetrator's mental
impairment or unfitness to be tried, have constituted an offence;

on-ground leave has the meaning given in section 51;

Panel means Forensic Leave Panel established by section 59; parent of a child
includes a person who has day to day care and control of the child and with
whom the child is ordinarily resident;

President means President of the Panel;

prison has the same meaning as in the Corrections Act 1986;

registered medical practitioner means a medical practitioner registered under
the Health Professions Registration Act 2005;



registered psychologist means a psychologist registered under the
Health Professions Registration Act 2005;



residential institution has the same meaning as it has in section 3(1) of the
Disability Act 2006;

residential treatment facility has the same meaning as it has in section 3(1)
of the Disability Act 2006;



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special hearing means a hearing under Part 3;

special leave means leave of absence granted under section 50;

spouse of a person means a person to whom the person is married;



supervision order means an order made under section 26;

surrounds has the meaning given in section 52;

victim, in relation to an offence, means a person who suffered injury, loss or
damage as a direct result of the offence.

(2) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.