South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"abuse" and "act of abuse"—see section 8;
"ammunition" has the same meaning as in the Firearms Act 2015 ;
"associated order" means a problem gambling order or tenancy order made in
association with a final intervention order;
"case manager" means a person responsible for supervision of a defendant's
participation in an intervention program;
"child" means a person who has not attained 18 years of age;
"cognitive impairment" includes—
(a) a
developmental disability (including, for example, an intellectual disability,
Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b) an
acquired disability as a result of illness or injury (including, for example,
dementia, a traumatic brain injury or a neurological disorder);
(c) a
mental illness;
"Commissioner" has the same meaning as in the Gambling Administration
Act 1995 ;
"contravene" includes fail to comply;
"Court" means the Magistrates Court of South Australia;
"defendant"—see section 6;
"domestic abuse"—see section 8(8);
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"domestic violence concern"—see sections 15A and 29C;
"Family Law Act order" means an order, injunction, undertaking, plan,
recognisance or other form of obligation imposed or agreement made under the
Family Law Act 1975 of the Commonwealth;
"final intervention order" means—
(a) an
interim intervention order (whether issued by a police officer or the Court)
confirmed as a final intervention order by the Court under section 23; or
(b) a
final intervention order issued by the Court under section 23 in
substitution for an interim intervention order;
"firearm" has the same meaning as in the Firearms Act 2015 ;
"firearms terms"—see section 14;
"foreign intervention order" means an order, notice or other form of
requirement under the law of another State, a Territory of the Commonwealth or
New Zealand declared by regulation to be a foreign intervention order;
"interim intervention order" means—
(a) an
interim intervention order issued by a police officer under section 18;
or
(b) an
interim intervention order issued by the Court under section 21;
"intervention order" means—
(a) an
interim intervention order; or
(b) a
final intervention order,
as the case requires;
"intervention program" means a program that provides—
(a)
supervised treatment; or
(b)
supervised rehabilitation; or
(c)
supervised behaviour management; or
(d)
supervised access to support services; or
(e) a
combination of any 1 or more of the above,
designed to address behavioural problems (including problem gambling),
substance abuse or mental impairment;
"intervention program manager" means a person employed by the South Australian
Courts Administration Authority to have general oversight of
intervention programs and coordinate the implementation of relevant court
orders (and includes a delegate of such a person);
"issuing authority"—
(a) in
relation to an interim intervention order—means the police officer who,
or the Court that, issues the interim intervention order; and
(b) in
relation to a final intervention order—means the Court—
(i)
that confirms the interim intervention order as a
final intervention order under section 23; or
(ii)
that issues the final intervention order under
section 23 in substitution for an interim intervention order,
(as the case may be);
"non-domestic abuse"—see section 8(9);
"offensive material"—see subsection (2);
"Principal Registrar" means the Principal Registrar of the Court;
"problem gambling order"—see section 24;
"protected person" means a person for whose protection an intervention order
is issued;
"public sector agency" has the same meaning as in the Public Sector
Act 2009 , but does not include the Legal Services Commission;
"relevant public sector agency" means—
(a) the
chief executive of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of the
Children's Protection Act 1993 ; or
(b) the
chief executive of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of the
Education and Early Childhood Services (Registration and Standards)
Act 2011 ; or
(c) the
chief executive of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of the Family and
Community Services Act 1972 ; or
(d) the
South Australian Housing Trust; or
(f) the
chief executive of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of the
Supported Residential Facilities Act 1992 ; or
(g) the
chief executive of the administrative unit of the Public Service that is,
under a Minister, responsible for the administration of the
Correctional Services Act 1982 ;
"State child protection order" means an order made under the
Children's Protection Act 1993 or the Children and Young People (Safety)
Act 2017 ;
"tenancy agreement" means an agreement under which a person grants another
person, for valuable consideration, a right (which may, but need not be, an
exclusive right) to occupy premises for residential purposes, and includes a
residential parks agreement within the meaning of the Residential Parks
Act 2007 ;
"tenancy order"—see section 25.
(2) For the purposes
of determining whether material is "offensive material", the circumstances of
a dealing with the material may be taken into account but, if material was
inherently offensive material, the circumstances of a dealing with the
material cannot be taken to have deprived it of that character.