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MENTAL HEALTH ACT 2015 - SECT 128

Meaning of affected person

    (1)     In this Act:

"affected person", in relation to a forensic patient, means a person who suffers harm because of an offence committed, or alleged to have been committed, by the forensic patient, and includes—

        (a)     a person (the primary affected person ) who suffers harm

              (i)     in the course of, or as a result of, the commission of the offence; or

              (ii)     as a result of witnessing the offence; and

        (b)     a family member of the primary affected person who suffers harm because of the harm to the primary affected person; and

        (c)     a person who is financially or psychologically dependent on the primary affected person and who suffers harm because of the harm to the primary affected person; and

        (d)     if a person mentioned for this definition is a child or legally incompetent person—a guardian of the child or legally incompetent person.

Note     An affected person may also be entitled to information and assistance as a victim of crime under the Victims of Crime Act 1994

.

    (2)     In this section:

"enduring power of attorney"—see the Powers of Attorney Act 2006

, section 8.

"guardian" means—

        (a)     for a child—a parent, a legally appointed guardian of the child or someone else with parental responsibility for the child under the Children and Young People Act 2008

, division 1.3.2 (Parental responsibility); or

        (b)     for a legally incompetent person—a person who is—

              (i)     a legally appointed guardian of the legally incompetent person; or

              (ii)     an attorney, appointed under an enduring power of attorney that has become operative, for the legally incompetent person.

"harm" includes 1 or more of the following:

        (a)     physical injury;

        (b)     mental injury or emotional suffering (including grief);

        (c)     pregnancy;

        (d)     economic loss;

        (e)     substantial impairment of a person's legal rights.

"legally appointed guardian" means a guardian under the Guardianship and Management of Property Act 1991

.

"legally incompetent person" means an adult who is subject to—

        (a)     an enduring power of attorney that has become operative; or

        (b)     a guardianship order.



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