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CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 3

Definitions

    (1)     In this Act—

S. 3(1) def. of appropriate place amended by Nos 29/2010 s. 18(a), 26/2014 s. 436(1)(a).

appropriate place means—

        (a)     a designated mental health service; or

        (b)     a residential treatment facility; or

        (c)     a residential institution;

S. 3(1) def. of approved mental health service repealed by No. 26/2014 s. 436(1)(b).

    *     *     *     *     *

S. 3(1) def. of authorised psychiatrist amend ed by No. 26/2014 s. 436(1)(c).

"authorised psychiatrist" has the same meaning as in the Mental Health Act 2014 ;

S. 3(1) def. of chief psychiatrist amended by No. 26/2014 s. 436(1)(d).

"chief psychiatrist" has the same meaning as in the Mental Health Act 2014 ;

S. 3(1) def. of child
inserted by No. 55/2014 s. 119(k).

"child" has the same meaning as in the Children, Youth and Families Act 2005 ;

"conduct" includes doing an act and making an omission;

S. 3(1) def. of contracted service provider repealed by No. 23/2006 s. 237(1)(a).

    *     *     *     *     *

S. 3(1) def. of court amended by No. 7/2002 s. 3(1)(a), substituted by No. 55/2014 s. 119(a).

"court", except in Part 5A, means Supreme Court or County Court and in section 47 includes Magistrates' Court and Children's Court;

S. 3(1) def. of custodial supervision order amended by No. 55/2014 s. 119(b).

"custodial supervision order", except in Part 5A, means a supervision order referred to in section 26(2)(a);

S. 3(1) def. of designated mental health service inserted by No. 26/2014 s. 436(2).

"designated mental health service" has the same meaning as in section 3(1) of the Mental Health Act 2014 ;

S. 3(1) def. of disability service provider inserted by No. 29/2010 s. 18(b).

"disability service provider" has the same meaning as in the Disability Act 2006 ;

S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 5.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 15.1).

"domestic partner "of a person means—

        (a)     a person who is in a registered relationship with the person; or

        (b)     an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

              (i)     for fee or reward; or

              (ii)     on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

extended leave has the meaning given in section 56;

S. 3(1) def. of family member substituted by No. 72/2001 s. 3(Sch. item 5.1(b)).

"family member" of a person means—

        (a)     a spouse or domestic partner, parent, guardian or sibling of the person; or

        (b)     a child of the person or of the person's spouse or domestic partner;

S. 3(1) def. of federal forensic patient inserted by No. 44/2004 s. 6(1).

"federal forensic patient" means a forensic patient referred to in paragraph (ad) of the definition of forensic patient in this subsection;

S. 3(1) def. of forensic patient amended by Nos 7/2002 s. 3(1)(b), 44/2004 s. 6(2), 26/2014 s. 436(1)(e)(f), 55/2014 s. 119(c).

"forensic patient" means—

        (a)     a person—

              (i)     remanded in custody in a designated mental health service; or

              (ii)     committed to custody in a designated mental health service by a supervision order

under this Act (other than Part 5A); or

        (ab)     a person detained in a designated mental health service under section 30(2) or 30A(3); or

        (ac)     a person deemed to be a forensic patient by section 73E(4) or 73K(8); or

        (ad)     a person detained in a designated mental health service under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth; or

        (b)     a person who is an international forensic patient; or

        (c)     a person taken from a prison to a designated mental health service under section 306 of the Mental Health Act 2014 ;

S. 3(1) def. of forensic resident amended by No. 7/2002 s. 3(1)(c), substituted by No. 23/2006 s. 237(1)(b), amended by No. 55/2014 s. 119(d).

"forensic resident" means a person who is—

        (a)     remanded in custody in a residential treatment facility or a residential institution (other than under Part 5A); or

        (b)     committed to custody in a residential treatment facility or a residential institution by a supervision order (other than under Part 5A); or

        (c)     detained in a residential treatment facility or a residential institution under section 30(2) or 30A(3); or

        (d)     deemed to be a forensic resident by section 73E(4) or 73K(8); or

        (e)     transferred from a prison to a residential treatment facility or a residential institution under section 180 of the Disability Act 2006 ;

S. 3(1) def. of investigation amended by No. 55/2014 s. 119(e).

"investigation", except in Part 5A, means investigation under Part 2;

"judicial member" of the Panel means a member referred to in section 59(2)(a) or (b);

S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 30), amended by No. 17/2014 s. 160(Sch. 2 item 29).

"legal practitioner" means an Australian legal practitioner;

limited off-ground leave has the meaning given in section 53;

S. 3(1) def. of major review inserted by No. 7/2002 s. 3(1)(d).

"major review" means a review under section 35;

S. 3(1) def. of non-custodial supervision order amended by No. 55/2014 s. 119(f).

"non-custodial supervision order", except in Part 5A, means a supervision order referred to in section 26(2)(b);

"offence" includes conduct that would, but for the perpetrator's mental impairment or unfitness to be tried, have constituted an offence;

on-ground leave has the meaning given in section 51;

Panel means Forensic Leave Panel established by section 59;

S. 3(1) def. of parent inserted by No. 7/2002 s. 3(1)(e).

"parent" of a child includes a person who has day to day care and control of the child and with whom the child is ordinarily resident;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 39.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of President amended by No. 55/2014 s. 119(g).

"President", except in Part 5A, means President of the Panel;

"prison" has the same meaning as in the Corrections Act 1986 ;

S. 3(1) def. of registered medical practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 15(a)), 13/2010 s. 51(Sch. item 18).

"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3(1) def. of registered psychologist substituted by No. 41/2000 s. 102(Sch. item 2), amended by No. 97/2005 s. 182(Sch. 4 item 15(b)), substituted by No. 13/2010 s. 51(Sch. item 18).

"registered psychologist "means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

S. 3(1) def. of residential institution inserted by No. 23/2006 s. 237(1)(c).

"residential institution" has the same meaning as it has in section 3(1) of the Disability Act 2006 ;

S. 3(1) def. of residential service repealed by No. 23/2006 s. 237(1)(c).

    *     *     *     *     *

S. 3(1) def. of residential treatment facility inserted by No. 23/2006 s. 237(1)(c).

"residential treatment facility" has the same meaning as it has in section 3(1) of the Disability Act 2006 ;

S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 18(b), substituted as Secretary
to the Department of Health and Human Services by No. 15/2015 s. 37(1).

"Secretary to the Department of Health and Human Services" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health and Human Services;

S. 3(1) def. of Secretary
to the Department
of Human Services inserted by No. 29/2010 s. 18(b), repealed by No. 15/2015 s. 37(2).

    *     *     *     *     *

S. 3(1) def. of Secure Treatment Order inserted by No. 26/2014 s. 436(2).

"Secure Treatment Order" means an Order within the meaning of section 175 of the Mental Health Act 2014 ;

S. 3(1) def. of special hearing amended by No. 55/2014 s. 119(h).

"special hearing", except in Part 5A, means a hearing under Part 3;

"special leave" means leave of absence granted under section 50;

S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 5.1(a)).

"spouse" of a person means a person to whom the person is married;

S. 3(1) def. of supervision order amended by No. 55/2014 s. 119(i).

"supervision order", except in Part 5A, means an order made under section 26;

surrounds has the meaning given in section 52;

S. 3(1) def. of victim amended by No. 55/2014 s. 119(j).

"victim", in relation to an offence, means a person who suffered injury, loss or damage as a direct result of the offence;

S. 3(1) def. of youth justice centre
inserted by No. 55/2014 s. 119(k).

"youth justice centre" has the same meaning as in the Children, Youth and Families Act 2005 ;

S. 3(1) def. of youth residential centre
inserted by No. 55/2014 s. 119(k).

"youth residential centre" has the same meaning as in the Children, Youth and Families Act 2005 .

S. 3(2) inserted by No. 72/2001 s. 3(Sch. item 5.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 15.2).

    (2)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

        (c)     a person is not a domestic partner of another person only because they are co-tenants.

S. 4 amended by No. 7/2002 s. 3(2)(3) (ILA s. 39B(1)).



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