Victorian Numbered Acts Victorian Numbered ActsIn this Act—
"adult" means a person who is 18 years of age or over;
"affected person "means—
(a) a person the subject of an application for a personal safety intervention order to protect the person or the person's property;
(b) a person who is seeking leave, or for whom leave is being sought, from the court to make an application for a personal safety intervention order as referred to in section 15(c)(ii) or (iii) or (d)(ii);
appropriate registrar , for a court, means the registrar for that court or at the proper venue of the court;
"assault "has the meaning given in section 6(1);
"child" means a person who is under the age of 18 years;
child protection order means an order for which the Children's Court has jurisdiction under section 515(1) of the Children, Youth and Families Act 2005 to hear and determine an application;
Note
Under section 515(1)(o) of the Children, Youth and Families Act 2005 , the Children's Court's jurisdiction includes hearing and determining applications for certain proceedings transferred to the Court under interstate laws.
cognitive impairment has the same meaning as in section 3 of the Evidence (Miscellaneous Provisions) Act 1958 ;
contested application means an application that is the subject of a contested hearing;
contested hearing , in relation to an application under this Act, means a hearing by a court in which a party to the proceeding is contesting the final determination of the application;
corresponding interstate law means a law of another State or a Territory
relating to the protection of persons from prohibited behaviour or stalking
that—
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(a) substantially corresponds to this Act; or
(b) is prescribed for the purposes of this definition;
"corresponding interstate order" means an order that—
(a) is made under a corresponding interstate law; and
(b) substantially corresponds to a final order;
"corresponding New Zealand law" means a law of New Zealand relating to the protection of persons from prohibited behaviour or stalking that—
(a) substantially corresponds to this Act; or
(b) is prescribed for the purposes of this definition;
"corresponding New Zealand order" means an order that—
(a) is made under a corresponding New Zealand law; and
(b) substantially corresponds to a final order;
court means—
(a) the Magistrates' Court; or
(b) if the application is being dealt with in the Children's Court, that court;
Deputy Chief Magistrate means the Deputy Chief Magistrate of the Magistrates' Court;
"dispute assessment officer "means a person who is appointed or employed by a mediation provider to undertake mediation assessments;
"exclusion condition" means a condition in a personal safety intervention order referred to in section 67(2)(c);
family member has the meaning given in section 8 of the Family Violence Protection Act 2008 ;
"family violence intervention order" means a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008 ;
"final order" means an order made under section 61 and includes—
(a) an order made under section 61 as varied under section 80; and
(b) an order made under section 61 as extended under section 83; and
(c) an order made under section 61 and confirmed on appeal to the County Court or Supreme Court;
firearms authority means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms;
first mention date , in relation to an application for a personal safety intervention order, means the first date on which the proceeding for the application is listed before the court;
"guardian" , in relation to a person, means (except in the definition of
parent ) a
guardian under the Guardianship and
Administration Act 1986 who has power, whether specifically or
generally—
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(a) to make decisions, take action, consent or do things for the person under this Act; or
(b) to decide where or with whom the person is to live or with whom the person is to have contact;
harassment has the meaning given in section 7;
interim order means an order—
(a) made under section 35, and includes an order made under section 35 as varied under section 80; and
(b) made under section 81 that varies a personal safety intervention order;
mediation assessment means an assessment as to whether a matter is suitable for mediation, conducted in accordance with Division 2 of Part 3;
"mediation direction "means a direction given under section 26(1) ;
"mediation provider" means an organisation declared under section 21K of the Evidence (Miscellaneous Provisions) Act 1958 to be a dispute settlement centre;
"mediator "means a person declared under section 21K of the Evidence (Miscellaneous Provisions) Act 1958 to be a mediator;
"mental harm" means grief, anxiety, distress or trauma;
mention date , in relation to an application under this Act, means—
(a) the first mention date; or
(b) another date on which the proceeding is listed before the court other than for a contested hearing;
"parent" , of a child, includes—
(a) a person who has responsibility for the long-term welfare of the child and has, in relation to the child, all the parental powers, rights and duties that are vested by law or custom in the guardian of a child; and
(b) a person with whom the child normally or regularly resides;
"party" , to a proceeding under this Act, includes—
(a) the affected person or protected person for the proceeding, whether or not the person is the applicant for the proceeding; and
(b) if the affected person or protected person is not the applicant for the proceeding, the applicant; and
(c) the respondent;
"personal safety intervention order" means—
(a) a final order; or
(b) an interim order;
police officer means a member of the police force;
"possession" , in relation to a firearm, has the same meaning as it has in the Firearms Act 1996 ;
prohibited behaviour has the meaning given in section 5 ;
(a) in relation to a proceeding in the Magistrates' Court, has the meaning given by section 3(1) of the Magistrates' Court Act 1989 ; and
(b) in relation to a proceeding in the Children's Court, has the meaning given by section 3(1) of the Children, Youth and Families Act 2005 ;
"property" , in relation to a person, includes—
(a) property of the person; and
(b) property that is situated in premises in which the person lives or works whether or not it is the person's property; and
(c) property that is being used by the person whether or not it is the person's property;
property damage or interference has the meaning given in section 8;
"protected person "means a person who is protected by a personal safety intervention order;
(a) publish in any newspaper; or
(b) publish by means of television, radio or the Internet;
(a) in relation to the Magistrates' Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or
(b) in relation to the Children's Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or
(c) in relation to the County Court, a registrar of the Court or a deputy registrar of the Court; or
(d) in relation to the Supreme Court, the prothonotary of the Court or a deputy prothonotary of the Court;
"relevant decision", for Subdivision 1 of Division 11 of Part 3, has the meaning set out in section 91;
"respondent" means a person against whom—
(a) an application for a personal safety intervention order has been made; or
(b) a personal safety intervention order has been made;
"safety "means safety from physical or mental harm;
"school" means a registered school within the meaning of the Education and Training Reform Act 2006 ;
"Secretary" means the Secretary to the Department of Justice;
serious threat has the meaning given in section 9;
sexual assault has the meaning given in section 6(2);
"stalking "has the meaning given in section 10;
"student" means a person who is currently enrolled as a student at a school;
"weapon " means an article that is—
(a) a prohibited weapon under the Control of Weapons Act 1990 ; or
(b) a controlled weapon under paragraph (b) of the definition of controlled weapon in section 3(1) of the Control of Weapons Act 1990 ;
weapons approval means an approval under section 8C of the Control of Weapons Act 1990 ;
weapons exemption means an exemption granted under section 8B of the Control of Weapons Act 1990 in respect of a person or a class of persons.