Western Australian Current Acts Western Australian Current Acts In sections 106B to
106T and in Schedule 7, unless the contrary intention appears —
accused —
(a) in
relation to an application referred to in clause 2 of Part A of Schedule 7
—
(i)
means any party to the proceeding, other than the
affected child and an applicant who is an officer as defined in section 3 of
the Children and Community Services Act 2004 ;
(ii)
in sections 106K(3)(a) and 106N as they apply to such an
application, means any such party specified by the judge;
(b) in
relation to any other Schedule 7 proceeding, a person charged with an offence;
affected child means —
(a) in
relation to an application referred to in clause 2 of Part A of Schedule 7,
the child in respect of whom the application is made;
(b) in
relation to any other Schedule 7 proceeding, the child upon or in respect of
whom it is alleged that an offence was committed, attempted or proposed;
child means —
(a) any
boy or girl under the age of 18 years; and
(b) in
the absence of positive evidence as to age, any boy or girl apparently under
the age of 18 years; and
(c) in
any proceeding in the Children’s Court, a person dealt with under the
Children’s Court of Western Australia Act 1988 section 19(2), (2AA) or
(2AB);
counsel includes a solicitor;
criminal organisation has the meaning given in The
Criminal Code section 221D;
criminal organisation offence means an offence
alleged to have been committed (whether before or after the
Criminal Organisations Control Act 2012 section 177 comes into operation)
—
(a) by a
person who, at the time of the commission of the alleged offence, is alleged
to have been a member of a criminal organisation; or
(b) at
the direction of a criminal organisation; or
(c) in
association with one or more members of a criminal organisation (whether or
not those members are or have been charged with, or convicted of, the
offence); or
(d) for
the benefit of a criminal organisation;
mental impairment has the meaning given in the
Criminal Law (Mental Impairment) Act 2023 section 9(1);
proceeding means any civil or criminal proceeding
or any examination in any court or before any person acting judicially, and
includes a special hearing under section 106K;
prosecutor , in relation to an application
referred to in clause 2 of Part A of Schedule 7, means the applicant in that
application;
Schedule 7 proceeding means a proceeding that
comes within the provisions of Schedule 7;
serious sexual offence means —
(a) an
offence under a section or Chapter of The Criminal Code mentioned in Part B
of Schedule 7 for which the maximum penalty that may be imposed is 7 years, or
more than 7 years; or
(b) an
offence under a repealed section of The Criminal Code if —
(i)
the acts or omissions that constituted an offence under
that section are substantially the same as the acts or omissions that
constitute an offence (the new offence ) under a section or Chapter of The
Criminal Code mentioned in Part B of Schedule 7; and
(ii)
the maximum penalty that may be imposed for the new
offence is 7 years, or more than 7 years;
or
(c) an
offence of attempting to commit an offence described in paragraph (a) or (b);
special witness means a person declared to be a
special witness under section 106R(1);
victim , in relation to a serious sexual offence
or a criminal organisation offence, means a person upon or in respect of whom
it is alleged that the offence was committed, attempted or proposed;
visual recording means any recording on any medium
from which a moving image may be produced by any means, and includes the
accompanying sound track;
visual recording of evidence means a visual
recording of evidence made —
[(a) deleted]
(b) in a
special hearing held pursuant to an order under section 106K or 106RA; or
(c)
pursuant to section 106N(3a) or (5);
visually recorded interview has the meaning given
to that term in section 106HA(3).
[Section 106A inserted: No. 36 of 1992 s. 8;
amended: No. 53 of 1992 s. 37; No. 57 of 1997 s. 57; No. 71 of 2000 s. 18 and
29; No. 27 of 2002 s. 32; No. 34 of 2004 s. 251 (as amended: No. 84 of 2004 s.
85(4)); No. 46 of 2004 s. 14(1), (2) and 22(2); No. 84 of 2004 s. 41 and
85(4); No. 2 of 2008 s. 44; No. 49 of 2012 s. 177(2); No. 47 of 2020 s. 9; No.
10 of 2023 s. 342.]