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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 4 Definitions

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 4

Definitions

In this Act—

S. 4 def. of acting in concert order inserted by No. 42/2014 s. 126.

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

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

"affected person "means—

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

        (b)     a person who is seeking leave, or for whom leave is being sought, from the court to make an application for a personal safety intervention order as referred to in section 15(c)(ii) or (iii) or (d)(ii);

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

"assault "has the meaning given in section 6(1);

"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 (Miscellaneous Provisions) Act 1958 ;

contested application means an application that is 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 prohibited behaviour or stalking 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 prohibited behaviour or stalking 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;

court means—

        (a)     the Magistrates' Court; or

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

S. 4 def. of court official inserted by No. 52/2013 s. 70.

"court official" means—

        (a)     the appropriate registrar; or

        (b)     a deputy registrar of the court; or

        (c)     any person employed in any of the offices of the court;

S. 4 def. of declaration of truth inserted by No. 1/2022 s. 118.

"declaration of truth" means a declaration that complies with section 13(4) made by an applicant in an application under section 13(1)(c) instead of on oath or by affirmation or by affidavit;

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

"dispute assessment officer "means a person who is appointed or employed by a mediation provider to undertake mediation assessments;

"exclusion condition" means a condition in a personal safety intervention order referred to in section 67(2)(c);

S. 4 def. of extended litigation restraint order inserted by No. 42/2014 s. 126.

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

family member has the meaning given in section 8 of the Family Violence Protection Act 2008 ;

"family violence intervention order" means a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008 ;

"final order" means an order made under section 61 and includes—

        (a)     an order made under section 61 as varied under section 80; and

        (b)     an order made under section 61 as extended under section 83; and

        (c)     an order made under section 61 and confirmed on appeal to the County Court or Supreme Court;

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 personal safety intervention order, means the first date on which the proceeding for the application is listed before the court;

S. 4 def. of guardian amended by Nos 57/2014 s. 159, 13/2019 s. 221(Sch.  1 item 37.1).

"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;

harassment has the meaning given in section 7;

interim order means an order—

        (a)     made under section 35, and includes an order made under section 35 as varied under section 80; and

        (b)     made under section 81 that varies a personal safety intervention order;

S. 4 def. of litigation restraint order proceeding inserted by No. 42/2014 s. 126.

"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;

mediation assessment means an assessment as to whether a matter is suitable for mediation, conducted in accordance with Division 2 of Part 3;

"mediation direction "means a direction given under section 26(1) ;

"mediation provider" means an organisation declared under section 21K of the Evidence (Miscellaneous Provisions) Act 1958 to be a dispute settlement centre;

"mediator "means a person declared under section 21K of the Evidence (Miscellaneous Provisions) Act 1958

to be a mediator;

"mental harm" means grief, anxiety, distress or trauma;

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;

S. 4 def. of non-local DVO

inserted by No. 53/2016 s. 111.

"non-local DVO" means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

"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 person or protected person for the proceeding, whether or not the person is the applicant for the proceeding; and

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

        (c)     the respondent;

"personal safety intervention order" means—

        (a)     a final order; or

        (b)     an interim order;

S. 4 def. of police officer substituted by No. 37/2014 s. 10(Sch. item 123.1).

"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 ;

prohibited behaviour has the meaning given in section 5 ;

"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 person, includes—

        (a)     property of the person; and

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

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

property damage or interference has the meaning given in section 8;

"protected person "means a person who is protected by a personal safety intervention order;

S. 4 def. of publish substituted by No. 77/2014 s. 24(3).

"publish", in Part 6, 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. 111.

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

S. 4 def. of registrar amended by No. 1/2022 s. 103.

"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;

"relevant decision", for Subdivision 1 of Division 11 of Part 3, has the meaning set out in section 91;

"respondent" means a person against whom—

        (a)     an application for a personal safety intervention order has been made; or

        (b)     a personal safety intervention order has been made;

"safety "means safety from physical or mental harm;

"school" means a registered school within the meaning of the Education and Training Reform Act 2006 ;

"Secretary" means the Secretary to the Department of Justice;

serious threat has the meaning given in section 9;

sexual assault has the meaning given in section 6(2);

"stalking "has the meaning given in section 10;

"student" means a person who is currently enrolled as a student at a school;

"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. 24(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. 24(2), substituted by No. 20/2015 s. 45.

"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 .