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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 3

Definitions

    (1)     In this Act—

"Aboriginal agency" means an organisation declared to be an Aboriginal agency under section 6;

"Aboriginal elder or respected person" means a person who holds office as an Aboriginal elder or respected person under section 536;

"Aboriginal person" means a person who—

        (a)     is descended from an Aborigine or Torres Strait Islander; and

        (b)     identifies as an Aborigine or Torres Strait Islander; and

        (c)     is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

S. 3(1) def. of access repealed by No. 52/2013 s. 4(a).

    *     *     *     *     *

S. 3(1) def. of accountable undertaking amended by No. 68/2009 s. 59(a).

"accountable undertaking" means an order referred to in section 360(1)(c) ;

"Adult Parole Board" means the Adult Parole Board established by section 61 of the Corrections Act 1986 ;

"age" means, in the absence of positive evidence as to age, apparent age;

S. 3(1) def. of appeal inserted by No. 68/2009 s. 59(d).

"appeal", in Part 5.4, includes application for leave to appeal;

S. 3(1) def. of appeal period inserted by No. 68/2009 s. 59(d).

"appeal period", in Part 5.4, means the period permitted by or under this Act or any other Act for commencing an appeal under Part 5.4 or, if a notice of appeal or notice of application for leave to appeal under Part 5.4 is filed within that period, the determination of the appeal;

S. 3(1) def. of appellant inserted by No. 68/2009 s. 59(d).

"appellant", in Part 5.4, includes an applicant for leave to appeal;

S. 3(1) def. of appellate court inserted by No. 68/2009 s. 59(d).

"appellate court", in Part 5.4, means the County Court or the Trial Division of the Supreme Court, as the case requires;

"appropriate registrar" means the registrar at the proper venue of the Court;

"authorised officer" means a person authorised under section 194 ;

S. 3(1) def. of authorised person inserted by No. 7/2009 s. 428(1) (as amended by No. 68/2009 s. 54(n)).

"authorised person" means a person referred to in Schedule 3 to the Criminal Procedure Act 2009 ;

S. 3(1) def. of  care amended by No. 61/2014 s. 4(3)(a).

"care", in relation to a child, means the daily care and control of the child, whether or not involving parental responsibility for the child;

S. 3(1) def. of care by Secretary order inserted by No. 61/2014 s. 4(2).

"care by Secretary order "means an order referred to in section 275(1)(d);

"case plan" means—

        (a)     in relation to the Secretary, a case plan as defined in section 166 ;

        (b)     in relation to a community service, a statement of any decision concerning a child for whom it provides, or is to provide, services;

S. 3(1) def. of central register amended by No. 48/2006 s. 3(a), repealed by No. 61/2014 s. 143.

    *     *     *     *     *

S. 3(1) def. of Chief Magistrate repealed by No. 16/2016 s. 186.

    *     *     *     *     *

S. 3(1) def. of child amended by Nos 52/2008 s. 234, 68/2008 s. 64, 68/2009 s. 59(b), 53/2010 s. 221(Sch. item 2.1(a)).

"child" means—

        (a)     in the case of a person who is alleged to have committed an offence, a person who at the time of the alleged commission of the offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when a proceeding for the offence is commenced in the Court; and

        (aa)     in the case of a proceeding under the Family Violence Protection Act 2008 , a person who is under the age of 18 years when an application is made under that Act; and

        (ab)     in the case of a proceeding under the Personal Safety Intervention Orders Act 2010 , a person who is under the age of 18 years when an application is made under that Act; and

        (b)     in any other case, a person who is under the age of 17 years or, if a protection order, a child protection order within the meaning of Schedule 1 or an interim order within the meaning of that Schedule continues in force in respect of him or her, a person who is under the age of 18 years;

"Children's Koori Court officer" means a person who—

        (a)     is employed under Part 3 of the Public Administration Act 2004 ; and

        (b)     exercises powers or performs functions in relation to the Koori Court (Criminal Division) of the Court;

S. 3(1) def. of Children's Neighbour-hood Justice officer inserted by No. 51/2006 s. 11(1).

"Children's Neighbourhood Justice officer" means a person who—

        (a)     is employed under Part 3 of the Public Administration Act 2004 ; and

        (b)     exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court;

"community-based child and family service" means a body registered under section 46 in the category of community-based child and family service;

S. 3(1) def. of community service amended by No. 29/2014 s. 4(a).

"community service" means—

        (a)     a community service established under section 44; or

        (ab)     a secure welfare service established under section 44; or

        (b)     a body registered under section 46;

S. 3(1) def. of contact inserted by No. 52/2013 s. 4(c), amended by No. 61/2014 s. 4(3)(b).

"contact" (unless the context otherwise requires) means the contact of a child with a person who does not have care of the child by way of—

        (a)     a visit by or to that person, including attendance for a period of time at a place other than the child's usual place of residence; or

        (b)     communication with that person by letter, telephone or other means—

and includes overnight contact;

S. 3(1) def. of conviction inserted by No. 68/2009 s. 59(d).

"conviction", in Part 5.4, includes a finding of guilt by the Court, whether or not a conviction is recorded;

"Court" means The Children's Court of Victoria;

"court liaison officer" means a court liaison officer appointed under section 545;

S. 3(1) def. of court official amended by No. 34/2010 s. 36(2)(a).

"court official" means—

        (a)     the principal registrar of the Court; or

        (b)     a registrar or deputy registrar of the Court; or

        (c)     a court liaison officer; or

        (ca)     a judicial registrar; or

        (d)     any person employed in any of the offices of the Court;

"court register" means the register kept under section 537;

"cultural plan" means a cultural plan prepared under section 176 ;

S. 3(1) defs of custody , custody to Secretary order , custody to third party order repealed by No. 61/2014 s. 4(1).

    *     *     *     *     *

"decision-making process" means—

        (a)     in relation to the Secretary, means the process of decision-making by the Secretary concerning a child beginning when the Secretary receives a report under section 28, 33(2), 183, 184 or  185;

        (b)     in relation to a community based child and family service, means the process of decision-making by the service concerning a child beginning when the service receives a referral under section 31;

"Department" means the Department of Human Services;

"development" means physical, social, emotional, intellectual, cultural and spiritual development;

disposition report means a report referred to in section 557 ;

"Division" means Division of the Court;

S. 3(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch.  1 item 6.1), amended by No. 4/2009 s. 37(Sch.  1 item 4.1).

"domestic partner "of a person means—

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

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of DPP inserted by No. 7/2009 s. 428(1) (as amended by No. 68/2009 s. 54(n)).

"DPP" has the same meaning as in the Criminal Procedure Act 2009 ;

S. 3(1) def. of emergency care inserted by No. 52/2013 s. 4(d).

"emergency care" means placement in accordance with section 242(5) or  247A(4);

"employee" means a person employed under Part 3 of the Public Administration Act 2004 in the Department;

"extension application" means an application under section 293 for an extension or further extension of a protection order;

S. 3(1) def. of family preservation order inserted by No. 61/2014 s. 4(2).

"family preservation order "means an order referred to in section 275(1)(b);

S. 3(1) def. of family reunification order inserted by No. 61/2014 s. 4(2).

"family reunification order "means an order referred to in section 275(1)(c);

"fine" includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined;

"Fund" means the State Guardianship Fund established under section 177;

"group conference" means a group conference under section 415 ;

"group conference outcome plan" means an outcome plan included in a group conference report;

"group conference report" means a report referred to in Division 7 of Part 7.8;

S. 3(1) defs of guardianship , guardianship to Secretary order repealed by No. 61/2014 s. 4(1).

    *     *     *     *     *

"hearing date", in relation to a proceeding, means the date on which the proceeding is listed for hearing;

S. 3(1) def. of homeless person inserted by No. 51/2006 s. 11(1).

"homeless person" means—

        (a)     a person living in—

              (i)     crisis accommodation; or

              (ii)     transitional accommodation; or

              (iii)     any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or

        (b)     a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth;

S. 3(1) def. of information holder amended by Nos 97/2005 s. 182(Sch. 4 item 10.1(a)), 23/2006 s. 234(1), 24/2006 s. 6.1.2(Sch. 7 item 7.1(a)), 13/2010 s. 51(Sch. item 12.1), 80/2011 s. 79(Sch. item 2.1), 26/2014 s. 455(Sch. item 2.1), 37/2014 s. 10(Sch. item 18.1(b)), 19/2014 s. 89(1).

"information holder" means—

        (a)     a police officer;

        (b)     an employee of the Department;

        (c)     an employee of another Department;

        (d)     a person who is registered as a teacher or an early childhood teacher under the  Education and Training Reform Act 2006 or has been granted permission to teach under that Act;

        (e)     the head teacher or principal of a State school within the meaning of the Education Act 1958 or of a school registered under Part III of that Act;

        (f)     a person in charge of a relevant health service within the meaning of section 141 of the Health Services Act   1988 ;

        (g)     a person in charge of a mental health service provider within the meaning of  section 3(1) of the Mental Health Act 2014 ;

        (h)     a registered medical practitioner;

              (i)     a registered psychologist;

        (j)     a nurse;

        (ja)     a midwife;

        (k)     a person in charge of a children's service within the meaning of the Children's Services Act 1996 ;

        (ka)     a person in charge of an education and care service within the meaning of the Education and Care Services National Law (Victoria);

        (l)     the person in charge of a body that receives funding from the Secretary under a State contract to provide disability services to a child with a disability within the meaning of the Disability Act 2006 ;

        (m)     the person in charge of a body that receives funding from the Secretary under a State contract to provide drug or alcohol treatment services;

        (n)     any person in a prescribed class of persons;

"interim accommodation order" means an order under section 262 ;

S. 3(1) def. of interim protection order repealed by No. 61/2014 s. 4(1).

    *     *     *     *     *

"interpreter" means—

        (a)     an interpreter accredited with the National Accreditation Authority for Translators and Interpreters Limited A.C.N. 008 596 996; or

        (b)     a competent interpreter;

"irreconcilable difference application" means an application under section 259;

S. 3(1) def. of judicial registrar inserted by No. 34/2010 s. 36(1).

"judicial registrar" means a judicial registrar of the Court appointed under Part 7.6A;

S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 16, amended by Nos 34/2010 s. 36(2)(b), 52/2013 s. 4(e).

"judicial resolution conference "means a resolution process in the Family Division of the Court presided over by the President or a magistrate or a judicial registrar for the purposes of negotiating a settlement of a dispute—

        (a)     including, but not limited to—

              (i)     mediation; or

              (ii)     early neutral evaluation;

              (iii)     settlement conference;

              (iv)     conciliation;

        (b)     other than a conciliation conference under section 217;

S. 3(1) def of legal practitioner amended by No. 17/2014 s. 160(Sch. 2 item 14.1).

"legal practitioner" means an Australian legal practitioner;

"legal representation" means representation by a legal practitioner;

S. 3(1) def. of long-term care order inserted by No. 61/2014 s. 4(2).

"long-term care order" means an order referred to in section 275(1)(e);

S. 3(1) def. of long-term guardianship to Secretary order repealed by No. 61/2014 s. 4(1).

    *     *     *     *     *

S. 3(1) def. of magistrate amended by Nos 5/2013 s. 48(2), 63/2013 s. 52.

"magistrate" means a magistrate for the Court and includes a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to be a magistrate of the Court under section 507 and a person who was formerly the President who is acting under section 12H of the County Court Act 1958 ;

S. 3(1) def. of major long-term issue inserted by No. 61/2014 s. 171.

"major long-term issue", in relation to a child, means an issue about the care, wellbeing and development of the child that is of a long-term nature and includes an issue of that nature about—

        (a)     the child's education (both current or future); and

        (b)     the child's religious and cultural upbringing; and

        (c)     the child's health; and

        (d)     the child's name.

"medical examination" includes—

        (a)     physical examination, psychological examination and psychiatric examination; and

        (b)     in the course of the examination, the taking of samples for analysis and the use of any machine or device to enable or assist in the examination;

S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 12.3).

"midwife "means a person registered under the Health Practitioner Regulation National Law—

        (a)     to practise in the nursing and midwifery profession as a midwife (other than as a student); and

        (b)     in the register of midwives kept for that profession;

S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 12.3).

"nurse "means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

"order", in relation to the Criminal Division, includes judgment and conviction;

"out of home care" means care of a child by a person other than a parent of the child;

"out of home care service" means—

        (a)     a registered out of home care service; or

        (b)     a community service established under section 44 to provide out of home care;

S. 3(1) def. of parent amended by No. 61/2014 s. 4(4).

"parent", in relation to a child, includes—

        (a)     the father and mother of the child; and

        (b)     the spouse of the father or mother of the child; and

        (c)     the domestic partner of the father or mother of the child; and

        (d)     any person who has parental responsibility for the child, other than the Secretary; and

        (e)     a person whose name is entered as the father of the child in the register of births in the Register maintained by the Registrar of Births, Deaths and Marriages under Part 7 of the Births, Deaths and Marriages Registration Act 1996 ; and

        (f)     a person who acknowledges that he is the father of the child by an instrument of the kind described in section 8(2) of the Status of Children Act 1974 ; and

        (g)     a person in respect of whom a court has made a declaration or a finding or order that the person is the father of the child;

S. 3(1) def. of parental responsibility inserted by No. 61/2014 s. 4(2).

"parental responsibility", in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children;

"parole order" means an order under Division 4 or 5 of Part 5.5;

"parole period" means the period from a person's release on parole until the end of the period of his or her detention;

"period", in relation to detention, includes the aggregate of two or more periods, whether cumulative or concurrent;

"permanent care order" means an order under section 321 ;

"police gaol" has the same meaning as in the Corrections Act 1986 ;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 18.1(a)).

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

S. 3(1) def. of post-secondary qualification amended by No. 24/2006 s. 6.1.2(Sch. 7 item 7.1(b)).

"post-secondary qualification" means a qualification from an institution, person or body providing or offering to provide (whether in or outside Victoria) post‑secondary education as defined in the  Education and Training Reform Act 2006 (whether or not that institution, person or body has since ceased to exist) and includes a qualification from a post‑secondary education provider as defined in that Act;

"pre-sentence report" means a report referred to in Division 6 of Part 7.8;

S. 3(1) def. of President inserted by No. 68/2009 s. 59(d).

"President" means the President appointed under section 508 and includes the Acting President appointed under section 509;

S. 3(1) def. of principal officer inserted by No. 57/2015 s. 4.

"principal officer", in relation to an Aboriginal agency, means the chief executive officer (by whatever name called) of the Aboriginal agency;

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

"proceeding" means any matter in the Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as registrar under Schedule 3;

"process" includes witness summons, charge-sheet, summons to answer to a charge, warrant to arrest, remand warrant, search warrant, warrant to seize property, warrant to imprison, warrant to detain in a youth residential centre or a youth justice centre, warrant of delivery and any process by which a proceeding in the Court is commenced;

"progress report" means a report prepared under section 385, 391, 404 or 409(5)(a);

S. 3(1) def. of proper venue amended by Nos 51/2006 s. 11(2), 52/2008 s. 235, 53/2010 s. 221(Sch. item 2.1(b)–(d)).

"proper venue"—

        (a)     in relation to a proceeding in the Family Division (other than a proceeding under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010 ), means the venue of the Court that is nearest to—

              (i)     the place of residence of the child; or

              (ii)     the place where the subject-matter of the application arose; and

        (b)     in relation to a proceeding in the Criminal Division (other than a proceeding under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010 ), means the venue of the Court that is nearest to—

              (i)     the place of residence of the child; or

              (ii)     the place where the offence is alleged to have been committed; and

        (c)     in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction, means—

              (i)     a venue of the Court determined in accordance with paragraph (a) or (b); or

              (ii)     a venue of the Court at which the Neighbourhood Justice Division may sit and act; and

        (d)     in relation to a proceeding brought under the Family Violence Protection Act 2008 means—

              (i)     the venue of the Court determined in accordance with paragraph (c); or

              (ii)     the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—

    (A)     the safety of the parties;

    (B)     the need to prevent disclosure of a party's whereabouts;

    (C)     the ability of the parties to attend a particular venue of the court, taking into account their places of work, residence or any childcare requirements;

    (D)     the availability of family violence support services at particular venues of the Court;

    (E)     the need to manage case flow;

    (F)     any other considerations the Court thinks relevant;

        (e)     in relation to a proceeding brought under the Personal Safety Intervention Orders Act 2010 means—

              (i)     the venue of the Court determined in accordance with paragraph (c); or

              (ii)     the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—

    (A)     the safety of the parties;

    (B)     the need to prevent disclosure of a party's whereabouts;

    (C)     the ability of the parties to attend a particular venue of the court, taking into account their places of work, residence or any childcare requirements;

    (D)     the availability of mediation assessment services at particular venues of the Court;

    (E)     the need to manage case flow;

    (F)     any other considerations the Court thinks relevant;

"protection application" means an application made to the Court for a finding that a child is in need of protection;

"protection order" means an order referred to in section 275(1) ;

"protection report" means a report referred to in Division 2 of Part 7.8;

"protective intervener" means a person referred to in section 181 ;

S. 3(1) def. of protective intervention report amended by No. 37/2014 s. 10(Sch. item 18.1(c)).

"protective intervention report" means—

        (a)     a report to a police officer as a protective intervener under section 183 ; or

        (b)     a report to the Secretary under section 183 or 184 that the Secretary has determined under section 187 to be a protective intervention report; or

        (c)     a report to the Secretary under section 28 or 33(2) that the Secretary has determined under section 34 to be a protective intervention report;

S. 3(1) def. of protective services officer inserted by No. 37/2014 s. 10(Sch. item 18.1(a)).

protective services officer has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of publish substituted by No. 1/2016 s. 19.

"publish" has the same meaning as in the Open Courts Act 2013 ;

"register of community services" means the register of community services kept under section 54;

"register of out of home care services" means the register of out of home care services kept under section 80;

"registered community service" means a body registered under section 46;

S. 3(1) def. of registered medical practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 10.1(b)), 13/2010 s. 51(Sch. item 12.2(a)).

"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);

"registered out of home care service" means a body registered under section 46 in the category of out of home care service;

S. 3(1) def. of registered psychologist substituted by Nos 97/2005 s. 182(Sch. 4 item 10.1(c)), 13/2010 s. 51(Sch. item 12.2(b)).

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

"relative", in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether of the whole blood or half-blood or by marriage, and whether or not the relationship depends on adoption of the child;

"remand centre" means a remand centre established under section 478(a) ;

S. 3(1) def. of reserve judge inserted by No. 5/2013 s. 48(1).

"reserve judge" has the same meaning as it has in the County Court Act 1958 ;

S. 3(1) def. of reserve magistrate inserted by No. 5/2013 s. 48(1).

"reserve magistrate" has the same meaning as it has in the Magistrates' Court Act 1989 ;

"return date", in relation to a proceeding, means any date on which the proceeding is listed before the Court;

S. 3(1) def. of safe custody repealed by No. 52/2013 s. 4(b).

    *     *     *     *     *

S. 3(1) def. of search warrant amended by No. 52/2013 s. 4(f).

"search warrant", means a warrant which authorises the person to whom it is directed—

        (a)     to break, enter and search any place where the person named or described in the warrant is suspected to be; and

        (b)     except in Division 1 of Part 4.8, to place in emergency care or arrest the person and—

              (i)     bring the person before a bail justice or the Court as soon as practicable to be dealt with according to law; or

              (ii)     release the person on an interim accommodation order in accordance with the endorsement on the warrant;

S. 3(1) def. of Secretary substituted by No. 29/2010 s. 13.

"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

S. 3(1) def. of secure welfare service substituted by No. 29/2014 s. 4(b).

"secure welfare service" means a secure welfare service established under section 44;

S. 3(1) def. of sentencing order amended by Nos 93/2005 s. 8, 7/2009 s. 428(2) (as amended by No. 68/2009 s. 54(n)), substituted as sentence by No. 68/2009 s. 59(c).

"sentence" includes—

        (a)     the recording of a conviction; and

        (b)     an order made under Part 5.3, other than—

              (i)     an order incidental to or preparatory to the making of the order; or

              (ii)     an order granting bail made under section 420; and

        (c)     an order made under section 11 of the Sex Offenders Registration Act 2004 ; and

        (d)     an order made under section 84S or 84T of the Road Safety Act 1986 ;

S. 3(1) def. of service agency amended by Nos 23/2006 s. 234(2), 26/2014 s. 455(Sch. item 2.2).

"service agency" means—

        (a)     a Department established under the Public Administration Act 2004 ;

        (b)     a relevant health service within the meaning of section 141 of the Health Services Act 1988 ;

        (c)     a mental health service provider within the meaning of section 3(1) of the Mental Health Act 2014 ;

        (d)     a body that receives funding from the Secretary under a State contract to provide disability services to a child with a disability within the meaning of the Disability Act 2006 ;

        (e)     a body that receives funding from the Secretary under a State contract to provide drug or alcohol treatment services;

        (f)     a prescribed body or a body in a prescribed class;

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

S. 3(1) def. of stability plan repealed by No. 61/2014 s. 94.

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"State contract" means a contract entered into by or on behalf of the State;

S. 3(1) defs of supervised custody order, supervision order repealed by No. 61/2014 s. 4(1).

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"temporary assessment order" means an order referred to in section 231;

"therapeutic treatment application report" means a report referred to in Division 4 of Part 7.8;

"Therapeutic Treatment Board" means the Therapeutic Treatment Board established under section 339;

"therapeutic treatment order" means an order referred to in section 249;

"therapeutic treatment (placement) order" means an order referred to in section 253;

S. 3(1) def. of therapeutic treatment (placement) order report substituted as therapeutic treatment (placement) report by No. 61/2014 s. 138.

"therapeutic treatment (placement) report" means a report referred to in Division 5 of Part 7.8;

S. 3(1) def. of victim amended by No. 18/2010 s. 3.

"victim", in relation to an offence, means a person who, or body that, has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence, whether or not that injury, loss or damage was reasonably foreseeable by the child found guilty of the offence;

"working day", in relation to the Court, means a day on which the offices of the Court are open;

"youth attendance order" means an order made under section 397 ;

"youth justice centre" means a youth justice centre established under section 478(c);

"youth justice centre order" means an order referred to in section 360(1)(j);

"youth justice officer" includes the Secretary, and every honorary youth justice officer;

"youth justice unit" means—

        (a)     a youth justice unit established under section 478(d); or

        (b)     a youth justice unit approved under section 479(1);

S. 3(1) def. of Youth Parole Board amended by No. 48/2006 s. 3(b).

"Youth Parole Board" means the Youth Parole Board referred to in section 442;

"youth parole officer" includes an honorary youth parole officer;

S. 3(1) def. of Youth Residential Board amended by No. 48/2006 s. 3(c), repealed by No. 61/2014 s. 104.

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"youth residential centre" means a youth residential centre established under section 478(b);

"youth residential centre order" means an order referred to in section 360(1)(i);

"youth supervision order" means an order referred to in section 360(1)(g).

S. 3(2) substituted by No. 12/2008 s. 73(1)(Sch.  1 item 6.2).

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

S. 3(2)(a) amended by No. 4/2009 s. 37(Sch.  1 item 4.2(a)).

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

S. 3(2)(b) amended by No. 4/2009 s. 37(Sch.  1 item 4.2(b)).

        (b)     in determining whether persons who are not in a registered domestic 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.

    (3)     If under the Public Administration Act 2004 the name of the Department is changed, the reference in the definition of Department in subsection (1) to the "Department of Human Services" is from the date when the name is changed to be taken to be a reference to the Department by its new name.

S. 3(4) amended by No. 51/2006 s. 11(3).

    (4)     Unless the context otherwise requires, a reference in this Act to the Criminal Division includes a reference to the Koori Court (Criminal Division) and the Neighbourhood Justice Division.

Ss 4, 5 repealed by No. 61/2014 s. 5.

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