South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 77

77—Interpretation

In this Division—

"close family", in relation to a defendant, means the following people:

            (a)         the defendant's spouse, or former spouse, or a person in a close personal relationship with the defendant;

            (b)         the defendant's parents and grandparents (whether by blood or by marriage);

            (c)         the defendant's children and grandchildren (whether by blood or by marriage);

            (d)         the defendant's brothers and sisters (whether by blood or by marriage);

            (e)         the defendant's guardians or carers;

"close personal relationship" has the same meaning as in Part 3 of the Family Relationships Act 1975 ;

"health service" means a health service within the meaning of the Health Care Act 2008 and includes any service of a kind prescribed by regulation for the purposes of this definition;

"non-association order" means an order under section 78

            (a)         prohibiting a defendant

                  (i)         from being in company with a specified person; or

                  (ii)         from communicating with that person by any means,

except at the times or in the circumstances (if any) specified in the order; or

            (b)         prohibiting a defendant

                  (i)         from being in company with a specified person; and

                  (ii)         from communicating with that person by any means;

"place restriction order" means an order under section 78

            (a)         prohibiting a defendant from frequenting or visiting a specified place or area except at the times or in the circumstances (if any) specified in the order; or

            (b)         prohibiting a defendant from frequenting or visiting a specified place or area at any time or in any circumstance;

"prescribed offence" means an indictable offence or an offence that would, if committed in this State, be an indictable offence;

"spouse"—a person is the spouse of another if they are legally married;

"welfare service" means services (whether provided as public or private services) relating to the provision of housing, employment benefits, rental assistance or other financial assistance, family support and other community welfare services necessary for the promotion, protection, development and maintenance of the well-being of persons.



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