FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 4 Definitions

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 4

In this Act—

"Aboriginal and Torres Strait Islander tradition" means—

        (a)     the body of traditions, observances, customs and beliefs of Aboriginal and Torres Strait Islander people generally or of a particular community or group of Aboriginal or Torres Strait Islander people; and

        (b)     any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships;

S. 4 def. of acting in concert order inserted by No. 42/2014 s. 114.

"acting in concert order" means an order made under section 36 of the Vexatious Proceedings Act 2014 ;

S. 4 def. of Administrat-ive Office Head inserted by No. 23/2017 s. 4(a).

"Administrative Office Head" has the same meaning as in section 4(1) of the  Public Administration Act 2004 ;

"adult" means a person who is 18 years of age or over;

S. 4 def. of affected family member amended by No. 53/2016 ss 41(d), 82.

"affected family member" means the following persons—

        (a)     a person the subject of an application for a family violence intervention order to protect the person or the person's property;

        (b)     a person for whom a police officer intends to make an application referred to in section 13(1)(a) or  13A(1)(a) to ensure the safety of the person or to preserve any property of the person;

        (c)     a person who is seeking leave, or for whom leave is being sought, from the court to make an application for a family violence intervention order as referred to in section 45(d)(ii) or (iii) or (e)(ii);

        (d)     an additional applicant under section 76;

"appropriate registrar", for a court, means the registrar for that court or at the proper venue of the court;

"assault" has the same meaning as in section 31 of the Crimes Act 1958 ;

"associate" means—

        (a)     in relation to a respondent, a person who is so closely connected with the respondent that the respondent can influence the actions of the person, whether directly or indirectly; and

(b)     in relation to an affected family member or a protected person, a person who provides the affected family member or protected person with assistance or support;

"authorisation form" means a form completed under section 27(2)(a) ;

"child" means a person who is under the age of 18 years;

"child protection order" means an order for which the Children's Court has jurisdiction under section 515(1) of the Children, Youth and Families Act 2005 to hear and determine an application;

Note

Under section 515(1)(o) of the Children, Youth and Families Act 2005 , the Children's Court's jurisdiction includes hearing and determining applications for certain proceedings transferred to the Court under interstate laws.

S. 4 def. of cognitive impairment amended by No. 53/2010 s. 197(a).

"cognitive impairment" has the same meaning as in section 3 of the Evidence (Miscellaneous Provisions) Act 1958 ;

"contested application" means an application the subject of a contested hearing;

"contested hearing", in relation to an application under this Act, means a hearing by a court in which a party to the proceeding is contesting the final determination of the application;

S. 4 def. of correspon-ding DVO recognition law inserted by No. 53/2016 s. 41(a).

"corresponding DVO recognition law" means a corresponding law within the meaning of the  National Domestic Violence Order Scheme Act 2016 ;

S. 4 def. of correspon-ding interstate law repealed by No. 53/2016 s. 41(f).

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S. 4 def. of correspon-ding interstate order repealed by No. 53/2016 s. 41(f).

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S. 4 def. of correspon-ding New Zealand law substituted by No. 53/2016 s. 41(b).

"corresponding New Zealand law "means the Domestic Violence Act 1995 of New Zealand or an Act repealed by that Act;

S. 4 def. of correspon-ding New Zealand order substituted by No. 53/2016 s. 41(c).

"corresponding New Zealand order" means—

        (a)     an order made under a corresponding New Zealand law that substantially corresponds to an interim order or a final order; or

        (b)     a notice issued or an order made under a corresponding New Zealand law that substantially corresponds to a family violence safety notice;

"counselling order" means an order under section 129 or 130;

S. 4 def. of court amended by No. 33/2018 s. 14(2).

"court" means—

        (a)     the Magistrates' Court; or

        (b)     if the application is being dealt with in the Children's Court, that court; or

        (c)     in relation to an interim order made under Division 2A of Part 4, the court hearing the criminal proceeding in which the order is made;

S. 4 def. of declaration of truth inserted by No. 33/2018 s. 14(1).

"declaration of truth" means a declaration that complies with section 43(4) made by an applicant in an application under section 43(1)(c) instead of on oath or by affirmation or by affidavit;

domestic partner has the meaning set out in section 9 ;

"Deputy Chief Magistrate" means the Deputy Chief Magistrate of the Magistrates' Court;

economic abuse has the meaning set out in section 6 ;

emotional or psychological abuse has the meaning set out in section 7;

exclusion condition has the meaning given by section 82 ;

S. 4 def. of extended litigation restraint order inserted by No. 42/2014 s. 114.

"extended litigation restraint order" means an order made under section 19 of the Vexatious Proceedings Act 2014 ;

"Family Law Act" means the Family Law Act 1975 of the Commonwealth;

"Family Law Act order" means an order, injunction, undertaking, plan or recognisance referred to in section 68R of the Family Law Act;

family member has the meaning set out in section 8;

family violence has the meaning set out in section 5;

S. 4 def. of Family Violence Court Division repealed by No. 33/2018 s. 47(a).

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family violence intervention order has the meaning set out in section 11;

"family violence safety notice" means a family violence safety notice issued under section 26 for which—

        (a)     a form is completed under section 27(1); or

        (b)     a safety notice form is completed;

final order has the meaning set out in section 11;

S. 4 def. of finalisation condition inserted by No. 77/2014 s. 3(2), repealed by No. 19/2017 s. 62.

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"firearms authority" means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms;

"first mention date", in relation to an application for a family violence intervention order, means the first date on which the proceeding for the application is listed before the court;

S. 4 def. of foreign order inserted by No. 53/2016 s. 41(a).

"foreign order" means a foreign order within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

S. 4 def. of guardian amended by Nos 57/2014 s. 152, 13/2019 s. 221(Sch.  1 item 15.1).

"guardian", in relation to a person, means (except in the definition of parent ) a guardian under the  Guardianship and Administration Act 2019 or an attorney who has power for personal matters under an enduring power of attorney under the Powers of Attorney Act 2014 who has power, whether specifically or generally—

        (a)     to make decisions, take action, consent or do things for the person under this Act or under the enduring power of attorney; or

        (b)     to decide where or with whom the person is to live or with whom the person is to have contact;

S. 4 def. of information sharing entity inserted by No. 23/2017 s. 6.

information sharing entity has the meaning set out in section 144D;

interim order has the meaning set out in section 11;

S. 4 def. of interstate DVO inserted by No. 53/2016 s. 41(a).

"interstate DVO" means an interstate DVO within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

S. 4 def. of litigation restraint order proceeding inserted by No. 42/2014 s. 114.

"litigation restraint order" proceeding means a proceeding under the Vexatious Proceedings Act 2014 in relation to any of the following orders, if the order relates to an application or a proceeding under this Act—

        (a)     an extended litigation restraint order;

        (b)     an acting in concert order;

        (c)     an appeal restriction order within the meaning of that Act;

        (d)     an order varying or revoking an extended litigation restraint order;

        (e)     a variation or revocation application prevention order within the meaning of that Act;

S. 4 def. of mention date amended by No. 19/2017 s. 31.

"mention date", in relation to an application or appeal under this Act, means—

        (a)     the first mention date; or

        (b)     another date on which the proceeding is listed before the court other than for a contested hearing or the hearing of an appeal;

"parent", of a child, includes—

        (a)     a person who has responsibility for the long-term welfare of the child and has, in relation to the child, all the parental powers, rights and duties that are vested by law or custom in the guardian of a child; and

        (b)     a person with whom the child normally or regularly resides;

S. 4 def. of participating jurisdiction inserted by No. 53/2016 s. 41(a).

"participating jurisdiction", in relation to an interstate DVO or registered foreign

order, means a jurisdiction in which a corresponding DVO recognition law has been enacted;

"party", to a proceeding under this Act, includes—

        (a)         the affected family member or protected person for the proceeding, whether or not the person is the applicant for the proceeding; and

        (b)     if the affected family member or protected person is not the applicant for the proceeding, the applicant; and

        (c)     the respondent for the proceeding or the respondent who is the subject of an order made in the proceeding;

S. 4 def. of personal safety intervention order inserted by No. 53/2010 s. 210.

"personal safety intervention order "means a personal safety intervention order within the meaning of section 4 of the Personal Safety Intervention Orders Act 2010 ;

S. 4 def. of police officer amended by No. 37/2014 s. 10(Sch. item 61.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

"possession", in relation to a firearm, has the same meaning as it has in the Firearms Act 1996 ;

"proper venue"—

        (a)in relation to a proceeding in the Magistrates' Court, has the meaning given by section 3(1) of the Magistrates' Court Act 1989 ; and

        (b)     in relation to a proceeding in the Children's Court, has the meaning given by section 3(1) of the Children, Youth and Families Act 2005 ;

S. 4 def. of property substituted by No. 53/2010 s. 197(b).

"property" , in relation to a family member, includes—

        (a)             property of the family member; and

        (b)         property that is situated in premises in which the family member lives or works whether or not it is the family member's property; and

        (c)     property that is being used by the family member whether or not it is the family member's property;

S. 4 def. of protected person amended by No. 53/2016 s. 41(e).

"protected person" means a person who is protected by a family violence intervention order or a family violence safety notice or a recognised DVO;

S. 4 def. of public entity inserted by No. 23/2017 s. 4(a).

"public entity" has the same meaning as in section 4(1) of the Public Administration Act 2004 ;

S. 4 def. of public service body inserted by No. 23/2017 s. 4(a).

"public service body "has the same meaning as in section 4(1) of the Public Administration Act 2004 ;

S. 4 def. of publish substituted by No. 77/2014 s. 3(3).

"publish" means disseminate or provide access to the public or a section of the public by any means, including by—

        (a)     publication in a book, newspaper, magazine or other written publication; or

        (b)     broadcast by radio or television; or

        (c)     public exhibition; or

        (d)     broadcast or electronic communication—

and publication must be construed accordingly;

S. 4 def. of recognised DVO inserted by No. 53/2016 s. 41(a).

"recognised DVO" means—

        (a)     an interstate DVO made in a participating jurisdiction; or

        (b)     an interstate DVO or a foreign order taken to be a recognised DVO under section 36(1) of the National Domestic Violence Order Scheme Act 2016 ; or

        (c)     a foreign order that is a registered foreign order in any participating jurisdiction, and includes a corresponding New Zealand order registered under Part 10;

S. 4 def. of registered foreign order inserted by No. 53/2016 s. 41(a).

"registered foreign order" means a registered foreign order within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

S. 4 def. of registrar amended by No. 1/2022 s. 89.

"registrar" means—

        (a)     in relation to the Magistrates' Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or

        (b)     in relation to the Children's Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or

        (c)     in relation to the County Court, a registrar of the Court or a deputy registrar of the Court; or

        (d)     in relation to the Supreme Court, the prothonotary of the Court, a deputy Prothonotary of the Court or the Registrar of the Court of Appeal;

relative has the meaning set out in section 10;

"relevant decision", for Subdivision 1 of Division 9 of Part 4, has the meaning set out in section 114;

S. 4 def. of respondent amended by No. 53/2016 s. 41(f).

"respondent" means the following persons—

        (a)     a person against whom—

              (i)     an     application for a family violence intervention order has been made; or

              (ii)     a family violence intervention order has been made; or

              (iii)     a family violence safety notice has been issued;

        (b)     an additional respondent under section 76;

        (c)     in relation to a recognised DVO, a person against whom the recognised DVO has been made;

"safety" means safety from family violence;

"safety notice form" means a form completed under section 27(3);

S. 4 def. of Secretary amended by Nos 19/2017 s. 41, 23/2017 s. 4(b).

"Secretary" means (other than in Part 11) the Secretary to the Department of Justice and Regulation;

S. 4 def. of Specialist Family Violence Court Division inserted by No. 33/2018 s. 39(1).

"Specialist Family Violence Court Division" means the Specialist Family Violence Court Division of the Magistrates' Court established under section 4IA(1) of the Magistrates' Court Act 1989 ;

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

"weapon" means an article that is—

        (a)     a prohibited weapon under the Control of Weapons Act 1990 ; or

        (b)     a controlled weapon under paragraph (b) of the definition of controlled weapon in section 3(1) of the Control of Weapons Act 1990 ;

"weapons approval" means an approval under section 8C of the Control of Weapons Act 1990 ;

S. 4 def. of weapons exemption amended by No. 77/2014 s. 3(1).

"weapons exemption" means an exemption granted under section 8B of the Control of Weapons Act 1990 in respect of a person or a class of persons;

S. 4 def. of working day inserted by No. 77/2014 s. 3(2).

"working day", in relation to a court, means a day other than a Saturday, a Sunday or a day appointed as a public holiday under the Public Holidays Act 1993 .