Victorian Numbered Acts Victorian Numbered Acts(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;
"access" means the contact of a child with a person who does not have custody 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 access;
"accountable undertaking" means a sentencing 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;
"appropriate registrar" means the registrar at the proper venue of the Court;
"authorised officer" means a person authorised under section 194 ;
"care" , in relation to a child, means the daily care and control of the child, whether or not involving custody of the child;
"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;
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"central register" means the register established under section 165 ;
"Chief Magistrate" means the Chief Magistrate appointed under section 7(2) of the Magistrates' Court Act 1989 and includes an Acting Chief Magistrate appointed under section 8 of that Act;
"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
(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;
"community-based child and family service" means a body registered under section 46 in the category of community-based child and family service;
"community service" means—
(a) a community service established under section 44; or
(b) a body registered under section 46;
"Court" means The Children's Court of Victoria;
"court liaison officer" means a court liaison officer appointed under section 545;
"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
(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 ;
"custody" means custody as defined in section 5;
"custody to Secretary order" means an order referred to in section 275(1)(e) ;
"custody to third party order" means an order referred to in section 275(1)(c) ;
"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;
"domestic partner" of a person means 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);
"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;
"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;
"guardianship" means guardianship as defined in section 4;
"guardianship to Secretary order" means an order referred to in section 275(1)(f);
"hearing date" , in relation to a proceeding, means the date on which the proceeding is listed for hearing;
"information holder" means—
(a) a member of the police force;
(b) an employee of the Department;
(c) an employee of another Department;
(d) a person who is registered as a teacher under the Victorian Institute of Teaching Act 2001 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 relevant psychiatric service within the meaning of section 120A of the Mental Health Act 1986 ;
(h) a registered medical practitioner;
(i) a registered psychologist within the meaning of the Psychologists Registration Act 2000 ;
(j) a person registered under the Nurses Act 1993 ;
(k) a person in charge of a children's service within the meaning of the Children's Services Act 1996 ;
(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 who is an eligible person within the meaning of the Intellectually Disabled Persons' Services Act 1986 or the Disability Services Act 1991 ;
(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 ;
"interim protection order" means an order referred to in section 275(1)(h) ;
"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;
"legal practitioner" means an Australian legal practitioner within the meaning of the Legal Profession Act 2004 ;
"legal representation" means representation by a legal practitioner;
"long-term guardianship to Secretary order" means an order referred to in section 275(1)(g);
"magistrate" means a magistrate for the Court;
"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;
"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;
"parent" , in relation to a child, includes—
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(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) a person who has custody of the child; 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;
"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;
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"police gaol" has the same meaning as in the Corrections Act 1986 ;
"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 Tertiary Education Act 1993 (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;
"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);
"proper venue" —
(a) in relation to a proceeding in the Family Division, 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, 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;
"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 ;
"protective intervention report" means—
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(a) a report to a member of the police force 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;
"publish" means—
(a) insert in a newspaper or other periodical publication; or
(b) disseminate by broadcast, telecast or cinematograph; or
(c) otherwise disseminate to the public by any means;
"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 ;
"registered medical practitioner" has the same meaning as in the Medical Practice Act 1994 ;
"registered out of home care service" means a body registered under section 46 in the category of out of home care service;
"registered psychologist" has the same meaning as in the Psychologists Registration Act 2000 ;
"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) ;
"return date" , in relation to a proceeding, means any date on which the proceeding is listed before the Court;
"safe custody" means placement in accordance with section 242(5) ;
"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 take into safe custody 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;
"Secretary" means the Secretary to the Department;
"secure welfare service" means a community service that has lock-up facilities;
"sentencing order" means any order made by the Criminal Division following a finding of guilt and includes—
(a) any order made under Part 5.3 (other than an order granting bail made under section 420); and
(b) the recording of a conviction;
"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 relevant psychiatric service within the meaning of section 120A of the Mental Health Act 1986 ;
(d) a body that receives funding from the Secretary under a State contract to provide disability services to a child who is an eligible person within the meaning of the Intellectually Disabled Persons' Services Act 1986 or the Disability Services Act 1991 ;
(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;
"stability plan" has the meaning set out in section 169;
"State contract" means a contract entered into by or on behalf of the State;
"supervised custody order" means an order referred to in section 275(1)(d) ;
"supervision order" means an order referred to in section 275(1)(b) ;
"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;
"therapeutic treatment (placement) order report" means an order referred to in Division 5 of Part 7.8;
"victim" , in relation to an offence, means a person who, or body that, has suffered injury, loss or damage 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);
"Youth Parole Board" means the Youth Parole Board established by section 442;
"youth parole officer" includes an honorary youth parole officer;
"Youth Residential Board" means the Youth Residential Board established by section 431(1);
"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).
(2) For the purposes of the definition of "domestic partner" in sub-section (1), in determining whether persons 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 275(2) of the Property Law Act 1958 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 sub-section (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.
(4) Unless the context otherwise requires, a reference in this Act to the Criminal Division includes a reference to the Koori Court (Criminal Division).