WRONGS ACT 1958 - SECT 28LAD Definitions
WRONGS ACT 1958 - SECT 28LAD
DefinitionsIn this Part—
"claimant" means a person who makes, or is entitled to make, a claim for the recovery of damages for non-economic loss in respect of mental harm caused by the death or injury of a prisoner;
"court" includes tribunal, and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined;
"criminal record", in relation to a person, means a document that sets out—
(a) all the person's previous convictions; and
(b) in relation to each previous conviction—
(i) the date of the conviction; and
(ii) the court in which the conviction took place; and
(iii) the place of sitting of that court; and
(iv) the offence committed; and
(v) the sentence imposed;
"Crown Prosecutor" has the same meaning as in the Criminal Procedure Act 2009 ;
"damages" includes any form of monetary compensation;
"legal practitioner" has the same meaning as in the Criminal Procedure Act 2009 ;
"mental harm" means psychological or psychiatric injury;
"non-economic loss" means any one or more of the following—
(a) pain and suffering;
(b) loss of amenities of life;
(c) loss of enjoyment of life;
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"prisoner" means a person referred to in section 28LAE(1)(a) ;
"profit motivated offence" means—
(a) an offence referred to in Schedule 2 to the Confiscation Act 1997 , and if circumstances are specified in that Schedule in relation to that offence, means an offence committed in those circumstances; or
(b) an offence that, at the time it was committed, was an offence referred to in Schedule 2 to the Confiscation Act 1997 , and if circumstances were specified in that Schedule in relation to that offence, means an offence committed in those circumstances.
S. 28LAE inserted by No. 22/2015 s. 3.