Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 5

5 Meaning of victim

(1) A
"victim" is a person who has suffered harm—

(a) because a crime is committed against the person; or

(b) because the person is a family member or dependant of a person who has died or suffered harm because a crime is committed against that person; or

(c) as a direct result of intervening to help a person who has died or suffered harm because a crime is committed against that person.

(2) Subsection (3) applies if a victim mentioned in subsection (1) (a) is pregnant when the crime is committed and, as a result of the commission of the crime—

(a) the person sustains a bodily injury that results in the destruction of the life of the person’s unborn child; or

(b) the person dies, resulting in the destruction of the life of the person’s unborn child.

(3) For sections 18 to 20 and schedule 1AA , part 1 ,
"victim" includes a person who has suffered harm because the person would, if the unborn child had been born alive, have been a family member of the child.

(4) A person who commits a crime against a person as mentioned in subsection (1) (a) is not a victim of the crime under subsection (1) (b) or (c) or (3) .

(5) For sections 18 to 20 and schedule 1AA , part 1 , divisions 1 and 3 ,
"victim" includes a person, other than a person mentioned in subsection (1) or (3) , who has suffered harm—

(a) because domestic violence is committed against the person; or

(b) because the person is a family member or dependant of a person mentioned in paragraph (a) ; or

(c) as a direct result of intervening to help a person mentioned in paragraph (a) .