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VICTIMS' CHARTER ACT 2006 - SECT 3

Definitions

    (1)     In this Act—

"Charter principles" means the principles set out in Part 2;

"criminal offence" means an offence, or a series of related offences, committed at any time, whether or not a person has been accused or convicted of that offence, and in relation to a victim, is the offence that gave rise to the injury suffered by the victim;

S. 3(1) def. of detention order inserted by No. 91/2009 s. 219(Sch. 3 item 6.1), substituted by No. 27/2018 s. 371(1)(a).

"detention order "means a detention order or an interim detention order within the meaning of the Serious Offenders Act 2018 ;

S. 3(1) def. of domestic partner repealed by No. 52/2008 s. 267(1).

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S. 3(1) def. of DPP inserted by No. 42/2018 s. 3(a).

"DPP" means the Director of Public Prosecutions for Victoria;

S. 3(1) def. of emergency detention order inserted by No. 27/2018 s. 371(1)(b).

"emergency detention order" means an emergency detention order within the meaning of the Serious Offenders Act 2018 ;

S. 3(1) def. of extended supervision order inserted by No. 21/2008 s. 25(3).

"extended supervision order" means an extended supervision order within the meaning of the Serious Sex Offenders Monitoring Act 2005 or an interim extended supervision order within the meaning of that Act;

S. 3(1) def. of family member repealed by No. 52/2008 s. 267(1),
new def. of
family member inserted by No. 52/2008 s. 267(2).

family member has the meaning given by section 8(1) and (2) of the Family Violence Protection Act 2008 ;

"injury" means—

        (a)     actual physical bodily injury; or

        (b)     mental illness or disorder or an exacerbation of a mental illness or disorder, whether or not flowing from nervous shock; or

        (c)     pregnancy; or

        (d)     grief, distress or trauma or other significant adverse effect; or

        (e)     loss or damage to property; or

        (f)     any combination of matters referred to in paragraphs (a), (b), (c), (d) and (e);

S. 3(1) def. of investigatory agency amended by No. 37/2014 s. 10(Sch. item 175.1(b)).

"investigatory agency" means—

        (a)     a police officer; or

        (b)     a person authorised by an enactment to investigate a criminal offence;

"person adversely affected by crime" means—

        (a)     a natural person who has suffered injury as a direct result of a criminal offence, whether or not that injury was reasonably foreseeable by the offender; or

        (b)     a family member of a person referred to in paragraph (a); or

        (c)     a witness to a criminal offence;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 175.1(a)).

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

S. 3(1) def. of Post Sentence Authority inserted by No. 57/2017 s. 53(1), substituted by No. 27/2018 s. 371(1)(c).

"Post Sentence Authority" means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018 ;

S. 3(1) def. of prosecuting agency amended by Nos 37/2014 s. 10(Sch. item 175.1(c)), 42/2018 s. 3(b).

"prosecuting agency" means—

        (a)     the DPP; or

        (b)     a police officer; or

        (c)     a person authorised to bring proceedings for a criminal offence against an enactment;

S. 3(1) def. of relative inserted by No. 52/2008 s. 267(2).

relative has the meaning given by section 10 of the Family Violence Protection Act 2008 ;

"Secretary" means the Secretary to the Department of Justice;

S. 3(1) def. of sentence indication inserted by No. 1/2022 s. 116.

"sentence indication "means a sentence indication under section 207 of the Criminal Procedure Act 2009 ;

S. 3(1) def. of supervision order inserted by No. 91/2009 s. 219(Sch. 3 item 6.1), amended by No. 27/2018 s. 371(1)(d).

"supervision order" means a supervision order within the meaning of the Serious Offenders Act 2018 or an interim supervision order under that Act;

S. 3(1) def. of victim amended by Nos 7/2014 s. 5(3), 5/2018 s. 21.

"victim" means—

        (a)     a natural person who has suffered injury as a direct result of a criminal offence, whether or not that injury was reasonably foreseeable by the offender; or

        (b)     if a person has died as a direct result of a criminal offence committed against that person, a family member of that person; or

        (c)     if the person referred to in paragraph (a) is under 18 years of age or is incapable of managing his or her own affairs because of mental impairment, a family member of that person; or

        (d)     in the case of an offence against section 49M of the Crimes Act 1958 (grooming for sexual conduct with a child under the age of 16), the child and a family member of that child;

"victims' services agency" means—

        (a)     an entity established under an enactment that is responsible for the provision of services to persons adversely affected by crime; or

        (b)     a public official within the meaning of the Public Administration Act 2004 who is responsible for the provision of services to persons adversely affected by crime; or

        (c)     an entity that is publicly funded to provide services to persons adversely affected by crime.

S. 3(2) repealed by No. 52/2008 s. 267(3).

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