Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 4

PART 2 INTERPRETATION

Definitions

4. Definitions

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; adult means a
        person who is 18 years of age or over; 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(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. cognitive
        impairment has the same meaning as in section 3 of the
        Evidence 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; corresponding interstate law means a law of another State
        or a Territory relating to the protection of persons from family or
        domestic violence that-

   (a)  substantially corresponds to this Act; or

   (b)  is prescribed for the purposes of this definition; corresponding
        interstate order means an order that-

   (a)  is made under a corresponding interstate law; and

   (b)  substantially corresponds to a final order; corresponding New Zealand
        law means a law of New Zealand relating to the protection of persons
        from family or domestic violence that-

   (a)  substantially corresponds to this Act; or

   (b)  is prescribed for the purposes of this definition; corresponding New
        Zealand order means an order that-

   (a)  is made under a corresponding New Zealand law; and

   (b)  substantially corresponds to a final order; counselling order means an
        order under section 129 or 130; court means-

   (a)  the Magistrates' Court; or

   (b)  if the application is being dealt with in the Children's Court, that
        court; 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; 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; Family Violence Court Division means the Family Violence
        Court Division of the Magistrates' Court established under
        section 4H(1) of the Magistrates' Court Act 1989; 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; 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; guardian,
        in relation to a person, means (except in the definition of parent) a
        guardian under the Guardianship and Administration Act 1986 who has
        power, whether specifically or generally-

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

   (b)  to decide where or with whom the person is to live or with whom the
        person is to have contact; interim order has the meaning set out in
        section 11; mention date, in relation to an application 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; 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; 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; police officer means a member of
        the police force; 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;

property, in relation to a family member, includes-

   (a)  property of any person situated in premises in which the family member
        lives or works; and

   (b)  property of any person that is being used by the family member;
        protected person means a person who is protected by a family violence
        intervention order or a family violence safety notice; publish means-

   (a)  publish in any newspaper; or

   (b)  publish by means of television, radio or the internet; 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 or a
        deputy prothonotary of the Court; 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; 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; safety means safety from
        family violence; safety notice form means a form completed under
        section 27(3); Secretary means the Secretary to the Department of
        Justice; 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; 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.