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SENTENCE ADMINISTRATION ACT 2003 - SECT 5D

5D .         Term used: victim of an offender or prisoner

        (1)         In this Act —

        victim of an offender or prisoner means —

            (a)         a person who has suffered injury, loss or damage as a direct result of an offence committed by the offender or prisoner, whether or not that injury, loss or damage was reasonably foreseeable by the offender or prisoner; or

            (b)         where an offence committed by the offender or prisoner resulted in a death, any member of the immediate family of the deceased; or

            (c)         a person protected by a family violence restraining order under the Restraining Orders Act 1997 to which the offender or prisoner is a respondent; or

            (d)         a person who can demonstrate, to the satisfaction of the CEO that —

                  (i)         the person is the victim of a violent personal offence previously committed by the offender or prisoner; and

                  (ii)         the violent personal offence occurred in the context of a family relationship, as defined in the Restraining Orders Act 1997 section 4, with the offender or prisoner.

        violent personal offence means —

            (a)         an offence specified in the Restraining Orders Act 1997 section 63(4AA)(a); or

            (b)         a violent personal offence as defined in the Restraining Orders Act 1997 section 63A(1A).

        (2)         For the purposes of subsection (1) in the definition of victim paragraph (c) or (d), it is irrelevant that the family violence restraining order or the previous violent personal offence, as the case requires, is unrelated to the offence referred to in paragraph (a) or (b) of that definition.

        [Section 5D inserted: No. 49 of 2016 s. 110.]



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