Victorian Consolidated Legislation

Children, Youth and Families Act 2005 - SECT 3

Definitions

3. Definitions



(1) In this Act-

Aboriginal agency means an organisation declared to be an Aboriginal agency
under section 6; Aboriginal elder or respected person means a person who holds
office as an Aboriginal elder or respected person under section 536;

Aboriginal person means a person who-

   (a)  is descended from an Aborigine or Torres Strait Islander; and

   (b)  identifies as an Aborigine or Torres Strait Islander; and

   (c)  is accepted as an Aborigine or Torres Strait Islander by an Aboriginal
        or Torres Strait Island community;

access means the contact of a child with a person who does not have custody of
the child by way of-

   (a)  a visit by or to that person, including attendance for a period of
        time at a place other than the child's usual place of residence; or

   (b)  communication with that person by letter, telephone or other means-
        and includes overnight access;

accountable undertaking means a sentencing order referred to in section
360(1)(c);

Adult Parole Board means the Adult Parole Board established by section 61 of
the Corrections Act 1986;

age means, in the absence of positive evidence as to age, apparent age;

appropriate registrar means the registrar at the proper venue of the Court;
authorised officer means a person authorised under section 194;

care, in relation to a child, means the daily care and control of the child,
whether or not involving custody of the child;

case plan means-

   (a)  in relation to the Secretary, a case plan as defined in section 166;

   (b)  in relation to a community service, a statement of any decision
        concerning a child for whom it provides, or is to provide, services;
        central register means the register maintained under section 165;



Chief Magistrate means the Chief Magistrate appointed under section 7(2) of
the Magistrates' Court Act 1989 and includes an Acting Chief Magistrate
appointed under section 8 of that Act;

child means-

   (a)  in the case of a person who is alleged to have committed an offence, a
        person who at the time of the alleged commission of the offence was
        under the age of 18 years but of or above the age of 10 years but does
        not include any person who is of or above the age of 19 years when a
        proceeding for the offence is commenced in the Court; and

   (aa) in the case of a proceeding under the
        Family Violence Protection Act 2008, a person who is under the age of
        18 years when an application is made under that Act; and

   (ab) in the case of a proceeding under the
        Stalking Intervention Orders Act 2008, a person who is under the age
        of 18 when an application is made under that Act; and

   (b)  in any other case, a person who is under the age of 17 years or, if a
        protection order, a child protection order within the meaning of
        Schedule 1 or an interim order within the meaning of that Schedule
        continues in force in respect of him or her, a person who is under the
        age of 18 years;

Children's Koori Court officer means a person who-

   (a)  is employed under Part 3 of the Public Administration Act 2004; and

   (b)  exercises powers or performs functions in relation to the Koori Court
        (Criminal Division) of the Court; Children's Neighbourhood Justice
        officer means a person who-

   (a)  is employed under Part 3 of the Public Administration Act 2004; and

   (b)  exercises powers or performs functions in relation to the
        Neighbourhood Justice Division of the Court; community-based child and
        family service means a body registered under section 46 in the
        category of community-based child and family service;

community service means-

   (a)  a community service established under section 44; or

   (b)  a body registered under section 46;

Court means The Children's Court of Victoria;

court liaison officer means a court liaison officer appointed under section
545;

court official means-

   (a)  the principal registrar of the Court; or

   (b)  a registrar or deputy registrar of the Court; or

   (c)  a court liaison officer; or

   (d)  any person employed in any of the offices of the Court;

court register means the register kept under section 537; cultural plan means
a cultural plan prepared under section 176;

custody means custody as defined in section 5;

custody to Secretary order means an order referred to in section 275(1)(e);

custody to third party order means an order referred to in section 275(1)(c);
decision-making process means-

   (a)  in relation to the Secretary, means the process of decision-making by
        the Secretary concerning a child beginning when the Secretary receives
        a report under section 28, 33(2), 183, 184 or 185;

   (b)  in relation to a community based child and family service, means the
        process of decision-making by the service concerning a child beginning
        when the service receives a referral under section 31;

Department means the Department of Human Services; development means physical,
social, emotional, intellectual, cultural and spiritual development;

disposition report means a report referred to in section 557;

Division means Division of the Court; domestic partner of a person means-

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

   (b)  a person to whom the person is not married but with whom the person is
        living as a couple on a genuine domestic basis (irrespective of
        gender);

employee means a person employed under Part 3 of the
Public Administration Act 2004 in the Department; extension application means
an application under section 293 for an extension or further extension of a
protection order;

fine includes any penalties, forfeitures, sums of money and costs ordered to
be paid by the person fined;

Fund means the State Guardianship Fund established under section 177; group
conference means a group conference under section 415; group conference
outcome plan means an outcome plan included in a group conference report;
group conference report means a report referred to in Division 7 of Part 7.8;

guardianship means guardianship as defined in section 4;

guardianship to Secretary order means an order referred to in section
275(1)(f);

hearing date, in relation to a proceeding, means the date on which the
proceeding is listed for hearing; homeless person means-

   (a)  a person living in-

   (i)  crisis accommodation; or

   (ii) transitional accommodation; or

   (iii) any other accommodation provided under the
        Supported Accommodation Assistance Act 1994 of the Commonwealth; or

   (b)  a person who has inadequate access to safe and secure housing within
        the meaning of section 4 of the
        Supported Accommodation Assistance Act 1994 of the Commonwealth;
        information holder means-

   (a)  a member of the police force;

   (b)  an employee of the Department;

   (c)  an employee of another Department;

   (d)  a person who is registered as a teacher under the
        Education and Training Reform Act 2006 or has been granted permission
        to teach under that Act;

   (e)  the head teacher or principal of a State school within the meaning of
        the Education Act 1958 or of a school registered under Part III of
        that Act;

   (f)  a person in charge of a relevant health service within the meaning of
        section 141 of the Health Services Act 1988;

   (g)  a person in charge of a relevant psychiatric service within the
        meaning of section 120A of the Mental Health Act 1986;

   (h)  a registered medical practitioner;

   (i)  a psychologist registered under the
        Health Professions Registration Act 2005;

   (j)  a nurse registered under the Health Professions Registration Act 2005;

   (k)  a person in charge of a children's service within the meaning of the
        Children's Services Act 1996;

   (l)  the person in charge of a body that receives funding from the
        Secretary under a State contract to provide disability services to a
        child with a disability within the meaning of the Disability Act 2006;

   (m)  the person in charge of a body that receives funding from the
        Secretary under a State contract to provide drug or alcohol treatment
        services;

   (n)  any person in a prescribed class of persons;

interim accommodation order means an order under section 262;

interim protection order means an order referred to in section 275(1)(h);

interpreter means-

   (a)  an interpreter accredited with the National Accreditation Authority
        for Translators and Interpreters Limited A.C.N. 008 596 996; or

   (b)  a competent interpreter;

irreconcilable difference application means an application under section 259;
judicial resolution conference means a resolution process in the Family
Division of the Court presided over by the President or a magistrate for the
purposes of negotiating a settlement of a dispute-

   (a)  including, but not limited to-

   (i)  mediation; or

   (ii) early neutral evaluation;

   (iii) settlement conference;

   (iv) conciliation;

   (b)  other than a dispute resolution conference under section 217; legal
        practitioner means an Australian legal practitioner within the meaning
        of the Legal Profession Act 2004;

legal representation means representation by a legal practitioner; long-term
guardianship to Secretary order means an order referred to in section
275(1)(g);

magistrate means a magistrate for the Court; medical examination includes-

   (a)  physical examination, psychological examination and psychiatric
        examination; and

   (b)  in the course of the examination, the taking of samples for analysis
        and the use of any machine or device to enable or assist in the
        examination;

order, in relation to the Criminal Division, includes judgment and conviction;
out of home care means care of a child by a person other than a parent of the
child; out of home care service means-

   (a)  a registered out of home care service; or

   (b)  a community service established under section 44 to provide out of
        home care;

parent, in relation to a child, includes-

   (a)  the father and mother of the child; and

   (b)  the spouse of the father or mother of the child; and

   (c)  the domestic partner of the father or mother of the child; and

   (d)  a person who has custody of the child; and

   (e)  a person whose name is entered as the father of the child in the
        register of births in the Register maintained by the Registrar of
        Births, Deaths and Marriages under Part 7 of the
        Births, Deaths and Marriages Registration Act 1996; and

   (f)  a person who acknowledges that he is the father of the child by an
        instrument of the kind described in section 8(2) of the
        Status of Children Act 1974; and

   (g)  a person in respect of whom a court has made a declaration or a
        finding or order that the person is the father of the child;

parole order means an order under Division 4 or 5 of Part 5.5;

parole period means the period from a person's release on parole until the end
of the period of his or her detention;

period, in relation to detention, includes the aggregate of two or more
periods, whether cumulative or concurrent;

permanent care order means an order under section 321;

police gaol has the same meaning as in the Corrections Act 1986;
post-secondary qualification means a qualification from an institution, person
or body providing or offering to provide (whether in or outside Victoria)
post-secondary education as defined in the
Education and Training Reform Act 2006 (whether or not that institution,
person or body has since ceased to exist) and includes a qualification from a
post-secondary education provider as defined in that Act;

pre-sentence report means a report referred to in Division 6 of Part 7.8;

prison has the same meaning as in the Corrections Act 1986; proceeding means
any matter in the Court, including a committal proceeding, but does not
include the exercise by a registrar of any jurisdiction, power or authority
vested in the registrar as registrar under Schedule 3;

process includes witness summons, charge-sheet, summons to answer to a charge,
warrant to arrest, remand warrant, search warrant, warrant to seize property,
warrant to imprison, warrant to detain in a youth residential centre or a
youth justice centre, warrant of delivery and any process by which a
proceeding in the Court is commenced; progress report means a report prepared
under section 385, 391, 404 or 409(5)(a);

proper venue-

   (a)  in relation to a proceeding in the Family Division (other than a
        proceeding under the Family Violence Protection Act 2008), means the
        venue of the Court that is nearest to-

   (i)  the place of residence of the child; or

   (ii) the place where the subject-matter of the application arose; and

   (b)  in relation to a proceeding in the Criminal Division (other than a
        proceeding under the Family Violence Protection Act 2008), means the
        venue of the Court that is nearest to-

   (i)  the place of residence of the child; or

   (ii) the place where the offence is alleged to have been committed; and

   (c)  in relation to a proceeding in respect of which the Neighbourhood
        Justice Division has jurisdiction, means-

   (i)  a venue of the Court determined in accordance with paragraph (a) or
        (b); or

   (ii) a venue of the Court at which the Neighbourhood Justice Division may
        sit and act; and

   (d)  in relation to a proceeding brought under the
        Family Violence Protection Act 2008 means-

   (i)  the venue of the Court determined in accordance with paragraph (c); or

   (ii) the venue of the Court which the Court determines is the most
        appropriate venue for the matter, having regard to the following-

                (A)  the safety of the parties;

                (B)  the need to prevent disclosure of a party's whereabouts;

                (C)  the ability of the parties to attend a particular venue
                     of the court, taking into account their places of work,
                     residence or any childcare requirements;

                (D)  the availability of family violence support services at
                     particular venues of the Court;

                (E)  the need to manage case flow;

                (F)  any other considerations the Court thinks relevant;

protection application means an application made to the Court for a finding
that a child is in need of protection;

protection order means an order referred to in section 275(1);

protection report means a report referred to in Division 2 of Part 7.8;

protective intervener means a person referred to in section 181; protective
intervention report means-

   (a)  a report to a member of the police force as a protective intervener
        under section 183; or

   (b)  a report to the Secretary under section 183 or 184 that the Secretary
        has determined under section 187 to be a protective intervention
        report; or

   (c)  a report to the Secretary under section 28 or 33(2) that the Secretary
        has determined under section 34 to be a protective intervention
        report;

publish means-

   (a)  insert in a newspaper or other periodical publication; or

   (b)  disseminate by broadcast, telecast or cinematograph; or

   (c)  otherwise disseminate to the public by any means; register of
        community services means the register of community services kept under
        section 54; register of out of home care services means the register
        of out of home care services kept under section 80; registered
        community service means a body registered under section 46; registered
        medical practitioner means a medical practitioner registered under the
        Health Professions Registration Act 2005;

registered out of home care service means a body registered under section 46
in the category of out of home care service; registered psychologist means a
psychologist registered under the Health Professions Registration Act 2005;



relative, in relation to a child, means a grandparent, brother, sister, uncle
or aunt of the child, whether of the whole blood or half-blood or by marriage,
and whether or not the relationship depends on adoption of the child;

remand centre means a remand centre established under section 478(a);

return date, in relation to a proceeding, means any date on which the
proceeding is listed before the Court;

safe custody means placement in accordance with section 242(5);

search warrant, means a warrant which authorises the person to whom it is
directed-

   (a)  to break, enter and search any place where the person named or
        described in the warrant is suspected to be; and

   (b)  except in Division 1 of Part 4.8, to take into safe custody or arrest
        the person and-

   (i)  bring the person before a bail justice or the Court as soon as
        practicable to be dealt with according to law; or

   (ii) release the person on an interim accommodation order in accordance
        with the endorsement on the warrant;

Secretary means the Secretary to the Department;

secure welfare service means a community service that has lock-up facilities;

sentencing order means any order made by the Criminal Division following a
finding of guilt and includes-

   (a)  any order made under Part 5.3 (other than an order granting bail made
        under section 420); and

   (ab) any order made under section 84S or 84T of the Road Safety Act 1986;
        and

   (b)  the recording of a conviction; service agency means-

   (a)  a Department established under the Public Administration Act 2004;

   (b)  a relevant health service within the meaning of section 141 of the
        Health Services Act 1988;

   (c)  a relevant psychiatric service within the meaning of section 120A of
        the Mental Health Act 1986;

   (d)  a body that receives funding from the Secretary under a State contract
        to provide disability services to a child with a disability within the
        meaning of the Disability Act 2006;

   (e)  a body that receives funding from the Secretary under a State contract
        to provide drug or alcohol treatment services;

   (f)  a prescribed body or a body in a prescribed class; spouse of a person
        means a person to whom the person is married; stability plan has the
        meaning set out in section 169; State contract means a contract
        entered into by or on behalf of the State;

supervised custody order means an order referred to in section 275(1)(d);

supervision order means an order referred to in section 275(1)(b); temporary
assessment order means an order referred to in section 231; therapeutic
treatment application report means a report referred to in Division 4 of
Part 7.8; Therapeutic Treatment Board means the Therapeutic Treatment Board
established under section 339; therapeutic treatment order means an order
referred to in section 249; therapeutic treatment (placement) order means an
order referred to in section 253; therapeutic treatment (placement) order
report means an order referred to in Division 5 of Part 7.8;



victim, in relation to an offence, means a person who, or body that, has
suffered injury, loss or damage as a direct result of the offence, whether or
not that injury, loss or damage was reasonably foreseeable by the child found
guilty of the offence;

working day, in relation to the Court, means a day on which the offices of the
Court are open;

youth attendance order means an order made under section 397;

youth justice centre means a youth justice centre established under section
478(c); youth justice centre order means an order referred to in section
360(1)(j); youth justice officer includes the Secretary, and every honorary
youth justice officer;

youth justice unit means-

   (a)  a youth justice unit established under section 478(d); or

   (b)  a youth justice unit approved under section 479(1);

Youth Parole Board means the Youth Parole Board referred to in section 442;



youth parole officer includes an honorary youth parole officer;

Youth Residential Board means the Youth Residential Board referred to in
section 431;



youth residential centre means a youth residential centre established under
section 478(b);

youth residential centre order means an order referred to in section
360(1)(i);

youth supervision order means an order referred to in section 360(1)(g).

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

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

   (b)  in determining whether persons who are not in a registered domestic
        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.

(3) If under the Public Administration Act 2004 the name of the Department is
changed, the reference in the definition of Department in subsection (1) to
the "Department of Human Services" is from the date when the name is changed
to be taken to be a reference to the Department by its new name.

(4) Unless the context otherwise requires, a reference in this Act to the
Criminal Division includes a reference to the Koori Court (Criminal Division)
and the Neighbourhood Justice Division.