Victorian Current Acts

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OPEN COURTS ACT 2013 - SECT 3

Definitions

In this Act—

"business day "means a day other than a Saturday, a Sunday or a public holiday within the meaning of the Public Holidays Act 1993 ;

"child" means a person under 18 years of age;

"closed court order" means an order made under Part 5;

S. 3 def. of correspond-ing interstate order repealed by No. 53/2016 s. 110(c).

    *     *     *     *     *

S. 3 def. of correspond-ing New Zealand order repealed by No. 53/2016 s. 110(c).

    *     *     *     *     *

"court or tribunal "means—

        (a)     the Supreme Court;

        (b)     the County Court;

        (c)         the Magistrates' Court;

        (d)     the Coroners Court;

        (e)     VCAT;

        (f)     any other prescribed court or tribunal;

        (g)     a prescribed person or body;

"family violence intervention order" has the same meaning as it has in the Family Violence Protection Act 2008 ;

S. 3 def. of family violence offence
amended by No. 53/2016 s. 110(b).

"family violence offence" means—

        (a)     an offence where—

              (i)     the accused is a person who, at the time of the alleged offence, is subject to a family violence intervention order, a family violence safety notice or a
non-local DVO; and

              (ii)     the complainant or alleged victim is a person who is protected by the order or notice referred to in subparagraph (i); and

              (iii)     the conduct comprising the alleged offence, if established, includes conduct by the accused which is a contravention of the order or notice referred to in subparagraph (i); or

        (b)     an offence where the conduct comprising the alleged offence, if established, constitutes family violence within the meaning of the Family Violence Protection Act 2008 by the accused against the complainant or alleged victim and the conduct could reasonably have justified the making of a family violence intervention order or a family violence safety notice applying to the accused and protecting the complainant or alleged victim;

"family violence safety notice" has the same meaning as it has in the Family Violence Protection Act 2008 ;

"information" includes any document;

"inquest" has the same meaning as it has in the Coroners Act 2008 ;

"interim order" means an order made under section 20;

"news media organisation" means—

        (a)     a commercial enterprise that engages in the business of broadcasting or publishing news;

        (b)     a public broadcasting service that engages in the dissemination of news through a public news medium;

S. 3 def. of non-local DVO
inserted by No. 53/2016 s. 110(a).

"non-local DVO" means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

"party" to a proceeding includes—

        (a)     in the case of a criminal proceeding, the complainant or victim or alleged victim;

        (b)     any person named in evidence given in a proceeding;

        (c)     in relation to a proceeding that has concluded, a person who was a party to the proceeding before the proceeding concluded;

"proceeding" means a civil proceeding or a criminal proceeding;

"proceeding suppression order" means an order made under section 17;

"publish" means disseminate or provide access to the public or a section of the public by any means, including by—

        (a)     publication in a book, newspaper, magazine or other written publication; or

        (b)     broadcast by radio or television; or

        (c)     public exhibition; or

        (d)     broadcast or electronic communication—

and "publication" must be construed accordingly;

"sexual offence" has the same meaning as it has in the Criminal Procedure Act 2009 ;

"suppression order "means—

        (a)     a proceeding suppression order;

        (b)     an interim order;

        (c)     an order made under section 25 or 26;

        (d)     an order made by the Supreme Court in the exercise of its inherent jurisdiction that prohibits or restricts the publication or other disclosure of information in connection with any proceeding, whether or not the information was derived from the proceeding.



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