S. 3(1) def. of acknowledge-ment of sex application inserted by No. 25/2019 s. 26.
acknowledgement of sex application means an application—
(a) under section 30A or 30E of the Births, Deaths and Marriages Registration Act 1996; or
(b) under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory;
S. 3(1) def. of Board inserted by No. 64/2017 s. 3(1).
Board means the Adult Parole Board established by section 61;
S. 3(1) def. of combined custody treatment order
inserted by No. 65/2011 s. 107(Sch. item 2.1), amended by No. 41/2015 s. 37(a).
combined custody and treatment order has the same meaning as old combined custody and treatment order in clause 1 of Schedule 3 to the Sentencing Act 1991;
S. 3(1) def. of Commis-sioner inserted by No. 45/2001 s. 23(2).
Commissioner means the person employed as Commissioner for the purposes of this Act;
S. 3(1) def. of Commission substituted as def. of Committee by No. 45/1996 s. 4(a), repealed by No. 21/2008 s. 3.
S. 3(1) def. of Commission farm repealed by No. 45/1996 s. 4(b).
S. 3(1) def. of Commission industrial site repealed by No. 45/1996 s. 4(c).
S. 3(1) def. of Common-wealth continuing detention order inserted by No. 35/2020 s. 44.
Commonwealth continuing detention order means a continuing detention order as defined in section 105A.2 of the Criminal Code of the Commonwealth;
S. 3(1) def. of Common-wealth interim detention order inserted by No. 35/2020 s. 44.
Commonwealth interim detention order means an interim detention order as defined in section 105A.2 of the Criminal Code of the Commonwealth;
community corrections officer means a community corrections officer appointed under Part 4;
S. 3(1) def. of community-based order amended by No. 49/1991
s. 119(7)
(Sch. 4 item 3.1), substituted by No. 65/2011 s. 107(Sch. item 2.2).
community-based order has the same meaning as old community-based order within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;
community corrections centre means a community corrections centre established under Part 9;
S. 3(1) def. of contractor inserted by No. 11/1993 s. 4(2), substituted by No. 94/1994 s. 4(a), amended by No. 45/1996 s. 17(Sch. 1 item 1(a)).
contractor means—
(a) a party to an agreement with the Minister under section 8B(1); or
(b) a party to an agreement with the Secretary under section 9(1); or
(c) a party to an agreement with the Chief Commissioner of Police under section 9AA(1);
S. 3(1) def. of correctional order amended by Nos 44/1991 s. 6(a), 49/1991 s. 119(7)
(Sch. 4 item 3.2(a)(b)), 11/1993 s. 7(1)(a), 65/1997
s. 81(a), 45/2001 s. 23(1), 2/2002 s. 12, 53/2003 s. 11(2), 32/2006 s. 90(1), 30/2010 s. 45(a), 48/2011 s. 3(a), 65/2011 s. 107(Sch. item 2.3), 47/2014 s. 255, 55/2014 s. 144, 43/2020 s. 35.
correctional order means any of the following—
(a) a community-based order;
(aa) a community correction order, within the meaning of the Sentencing Act 1991;
(ab) a community work permit within the meaning of the Fines Reform Act 2014;
(b) a parole order;
(c) an old intensive correction order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991;
(d) a direction under section 107(1)(a) of the Sentencing Act 1991 that a person be released on giving an undertaking that has as a condition that the person be under the supervision of a community corrections officer;
(e) a direction under section 107(1)(b) of the Sentencing Act 1991 that a person be released on parole;
(f) a supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 that includes a condition with respect to supervision of the person subject to the order by a community corrections officer;
(g) a combined custody and treatment order;
(h) a drug and alcohol treatment order (as defined in section 3(1) of the Sentencing Act 1991);
S. 3(1) def. of correctional services amended by Nos 44/1991 s. 6(b), 94/1994 s. 4(b), 41/2015 s. 37(b).
correctional services means the following services—
(a) prisons and services related to prisons or prisoners;
(b) services related to parole and programmes for persons subject to correctional orders;
(c) community corrections centres, regional centres and locations and services related to community corrections centres, regional centres and locations;
(d) community-based programmes and services related to the administration of community-based orders;
S. 3(1) def. of Court Secure Treatment Order inserted by No. 26/2014 s. 455(Sch. item 6.1(a)).
Court Secure Treatment Order means an Order within the meaning of section 94A of the Sentencing Act 1991;
S. 3(1) def. of custodial sentence inserted by No. 35/2020 s. 44, amended by No. 41/2025 s. 3(Sch. 1 item 13).
custodial sentence has the same meaning as it has in the Serious Offenders Act 2018;
S. 3(1) def. of dentist inserted by No. 10/2013 s. 4(1).
dentist means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the dental profession as a dentist (other than as a student); and
(b) in the dentists division of that profession;
S. 3(1) def. of Department inserted by No. 41/2015 s. 35(b), amended by No. 45/2019 s. 46(a).
Department means the Department of Justice and Community Safety;
S. 3(1) def. of designated place inserted by No. 45/2017 s. 12.
designated place has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of Director-General repealed by No. 45/1996
s. 17(Sch. 1 item 1(b)).
S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 4.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.1).
domestic partner of a person means—
(a) a person who is in a registered relationship with the person; or
(b) 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);
S. 3(1) def. of drug of dependence inserted by No. 59/2015 s. 8.
drug of dependence has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981;
S. 3(1) def. of escort officer inserted by No. 45/2001 s. 3(2).
escort officer means—
(a) a prison officer; or
(b) an escort officer employed under Part 4;
S. 3(1) def. of family violence intervention order inserted by No. 30/2010 s. 45(b).
family violence intervention order means—
(a) a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008; or
(b) one of the following orders made under the Crimes (Family Violence) Act 1987 as in force immediately before its repeal—
(i) an intervention order made on grounds referred to in section 4 or 4A of that Act;
(ii) an intervention order made on grounds referred to in
section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act;
(iii) an interim intervention order made on grounds referred to in section 8 of that Act;
S. 3(1) def. of fingerprints inserted by No. 35/2002 s. 7(1).
fingerprints includes finger, palm, toe and sole prints, whether taken by impression or by means of a device to obtain a record of the fingerprints;
Example: Fingerprints may be taken by a scanning device to obtain a digital record of the fingerprints.
S. 3(1) def. of firearm inserted by No. 12/2014 s. 3.
firearm includes a firearm that is a prescribed non-lethal firearm;
S. 3(1) def. of function inserted by No. 22/1996 s. 3.
function includes duty;
S. 3(1) def. of garment search inserted by No. 10/2013 s. 4(1).
garment search means a search of any article of clothing worn by a person or in the person's possession, during which the article of clothing is touched or removed from the person's body;
S. 3(1) def. of Governor amended by No. 45/1996 s. 17(Sch. 1 item 1(c)).
Governor means the Governor of a prison and includes a person nominated by the Secretary to act as the Governor of a prison;
S. 3(1) def. of Health Complaints Commis-sioner inserted by No. 22/2016 s. 164(b).
Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;
S. 3(1) def. of Health Services Commis-sioner inserted by No. 45/2001 s. 23(2), repealed by No. 22/2016 s. 164(a).
S. 3(1) def. of home detention order inserted by No. 53/2003 s. 11(1), repealed by No. 48/2011 s. 3(b).
S. 3(1) def. of hospital security order inserted by No. 69/2005 s. 26(1), repealed by No. 26/2014 s. 455(Sch. item 6.1(b)).
S. 3(1) def. of Human Rights Commis-sioner inserted by No. 45/2001 s. 23(2).
Human Rights Commissioner means the Human Rights Commissioner appointed under the Human Rights and Equal Opportunity Commission Act 1986 of the Commonwealth;
S. 3(1) def. of lawyer substituted by No. 18/2005 s. 18(Sch. 1 item 22.1), amended by No. 17/2014 s. 160(Sch. 2 item 23).
lawyer means an Australian lawyer;
S. 3(1) def. of letter inserted by No. 45/2001 s. 23(2), amended by No. 45/2019 s. 19(1)(a).
letter, in relation to a prisoner, means a document containing a communication to, or from, the prisoner;
location means any of the following places—
(a) a community corrections centre;
(b) a place at which an offender is by a correctional order required to live;
(c) a place which an offender is by a correctional order or Part 9 required to attend for educational recreation or for any other purpose;
S. 3(1) def. of medical officer amended by No. 46/1998
medical officer means a medical officer employed under Part 4;
S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 16.1).
midwife means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b) in the register of midwives kept for that profession;
S. 3(1) def. of near relative inserted by No. 72/2001 s. 3(Sch. item 4.1).
near relative of a prisoner means—
(a) a partner of the prisoner;
(b) a parent or grandparent of the prisoner or of a partner of the prisoner;
(c) a child or grandchild (of any age) of the prisoner or of a partner of the prisoner;
(d) a sibling of the prisoner or of a partner of the prisoner;
S. 3(1) def. of non-local DVO inserted by No. 53/2016 s. 94.
non-local DVO means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;
S. 3(1) def. of notice to attend inserted by No. 41/2015 s. 5.
notice to attend means a notice served under section 71A(1)(b), (c) or (d) requiring a person to attend a meeting of the Board;
S. 3(1) def. of notice to produce inserted by No. 41/2015 s. 5.
notice to produce means a notice served under section 71A(1)(a) requiring a person to produce a specified document or other thing to the Board;
S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 16.1).
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
S. 3(1) def. of offender amended by No. 49/2006 s. 3.
offender, other than in sections 30A to 30I, means a person of whatever age who is the subject of a correctional order;
S. 3(1) def. of parcel inserted by No. 45/2019 s. 19(1)(b).
parcel, in relation to a prisoner, means any item or thing (other than a letter) sent to or from the prisoner, including any item or thing accompanying a letter to the prisoner;
S. 3(1) def. of parole officer inserted by No. 41/2015 s. 11.
parole officer means a parole officer appointed under Part 4;
S. 3(1) def. of partner inserted by No. 72/2001 s. 3(Sch. item 4.1).
partner of a person means the person's spouse or domestic partner;
S. 3(1) def. of pat-down search inserted by No. 10/2013 s. 4(1).
pat-down search means a search of a person during which the person's clothed body is touched;
S. 3(1) def. of personal safety intervention order inserted by No. 53/2010 s. 221(Sch. item 3.1(a))
personal safety intervention order means—
(a) a personal safety intervention order within the meaning of the Personal Safety Intervention Orders Act 2010; or
(b) an intervention order within the meaning of the Stalking Intervention Orders Act 2008 (as in force immediately before its repeal); or
(c) an order made under section 4 of the Crimes (Family Violence) Act 1987 of a kind referred to in section 21A(5) of the Crimes Act 1958, both as in force immediately before their repeal;
S. 3(1) def. of police custody officer inserted by No. 59/2015 s. 8.
police custody officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of police custody officersupervisor inserted by No. 45/2017 s. 28.
police custody officer supervisor has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of police custody transfer order inserted by No. 10/2013 s. 4(2).
police custody transfer order means a police custody transfer order made under section 56D;
police gaol means a police gaol under Part 3;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 32.1).
police officer means—
(a) except in section 47E, a police officer within the meaning of the Victoria Police Act 2013; and
(b) in section 47E, a police officer (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth);
position means office;
S. 3(1) def. of Post Sentence Authority inserted by No. 57/2017 s. 45(1), substituted by No. 27/2018 s. 355(1)(a).
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 principal medical officer amended by No. 46/1998
principal medical officer means a principal medical officer employed under Part 4;
S. 3(1) def. of prison amended by No. 45/1996
s. 4(d).
prison means a prison under Part 3 and includes a prison industry site;
S. 3(1) def. of prisoner amended by No. 45/1996 s. 17(Sch. 1 item 1(d)), substituted by No. 45/2001 s. 3(1).
prisoner means a person who under Part 1A is deemed to be in the legal custody of the Secretary;
S. 3(1) def. of prison industry site inserted by No. 45/1996 s. 4(e).
prison industry site means a place appointed as a prison industry site under section 84F;
prison officer means a prison officer employed under Part 4;
S. 3(1) def. of protective services officer inserted by No. 45/2017 s. 12.
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of recognised DVO inserted by No. 53/2016 s. 94.
recognised DVO means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016;
Regional Manager means a Regional Manager appointed under Part 4;
S. 3(1) def. of registered medical practitioner inserted by No. 13/2010 s. 51(Sch. item 16.1).
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 3(1) def. of Registrar inserted by No. 25/2019 s. 26.
Registrar means—
(a) the Victorian Registrar; or
(b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages;
S. 3(1) def. of relative inserted by No. 72/2001 s. 3(Sch. item 4.1).
relative of a prisoner means—
(a) a partner of the prisoner;
(b) a parent or grandparent of the prisoner or of a partner of the prisoner;
(c) a child or grandchild (of any age) of the prisoner or of a partner of the prisoner;
(d) a sibling of the prisoner or of a partner of the prisoner;
(e) a child (of any age) of a sibling of the prisoner or of a sibling of a partner of the prisoner;
(f) a child (of any age) of a sibling of a parent of the prisoner or of a sibling of a parent of a partner of the prisoner;
S. 3(1) def. of restricted prisoner inserted by No. 36/2023 s. 4.
restricted prisoner means a prisoner who is serving a sentence of life imprisonment, in respect of which a non-parole period was fixed, for—
(a) two or more offences of murder; or
(b) one offence of murder, where the victim was a child; or
(c) one offence of murder, where the victim was also the victim of a sexual offence committed by the prisoner;
S. 3(1) def. of restricted prisoner declaration inserted by No. 36/2023 s. 4.
restricted prisoner declaration means a declaration under section 74AAG;
S. 3(1) def. of scanning search inserted by No. 10/2013 s. 4(1).
scanning search means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched;
S. 3(1) def. of Secretary inserted by No. 45/1996 s. 17(Sch. 1 item 1(e)), amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 45.1), 41/2015 s. 35(a), 45/2019 s. 46(b).
Secretary means Secretary to the Department of Justice and Community Safety under the Public Administration Act 2004 and includes a person acting as the Secretary to the Department of Justice and Community Safety under that Act;
S. 3(1) def. of secretary of the Board inserted by No. 41/2015 s. 17.
secretary of the Board means the person authorised under section 66A to perform the functions of the secretary of the Adult Parole Board;
S. 3(1) def. of Secretary
to the Department
of Health inserted by No. 29/2010 s. 52(1).
Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
S. 3(1) def. of security officer inserted by No. 64/2017 s. 3(1).
security officer means a security officer employed under Part 4;
S. 3(1) def. of serious violent offence inserted by No. 64/2017 s. 3(1), amended by Nos 45/2019 s. 19(2)(3), 16/2020 s. 15.
serious violent offence means any of the following—
(a) murder;
(ab) manslaughter;
(ac) child homicide;
(aca) homicide by firearm;
(ad) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following sections of the Crimes Act 1958—
(i) section 15A (causing serious injury intentionally in circumstances of gross violence);
(ii) section 15B (causing serious injury recklessly in circumstances of gross violence);
(vi) section 21 (threats to inflict serious injury);
(vii) section 63A (kidnapping);
(ae) an offence against, or for which the penalty or the maximum or minimum penalty is fixed by, any of the following provisions (as amended) of the Crimes Act 1958 repealed on 24 March 1986 by section 8(2) of the Crimes (Amendment) Act 1985—
(i) section 17 (intentionally causing grievous bodily harm or shooting, etc. with intention to do grievous bodily harm or to resist or prevent arrest);
(ii) section 19A (inflicting grievous bodily harm);
(iii) section 20 (attempting to choke etc. in order to commit an indictable offence);
(iv) section 35B (making demand with threat to kill or injure or endanger life);
(af) an offence against section 19A (intentionally causing a very serious disease) of the Crimes Act 1958 repealed by section 3 of the Crimes Amendment (Repeal of Section 19A) Act 2015;
(ag) the common law offence of kidnapping;
(ah) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraphs (a) to (ag);
(ai) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute any of the offences referred to in paragraphs (a) to (ah);
(b) an offence against any of the following provisions of the Crimes Act 1958—
(i) section 9AD as in force immediately before its repeal by section 3(3) of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014;
(ia) section 27 (extortion with threat to kill);
(ii) section 75A (armed robbery);
(iii) section 77 (aggravated burglary);
(iv) section 77A (home invasion);
(v) section 77B (aggravated home invasion);
(vi) section 79 (carjacking);
(vii) section 79A (aggravated carjacking);
(viii) section 197A (arson causing death);
(ix) section 325(1) (accessories) in circumstances where the principal offender has committed murder;
(c) false imprisonment;
(d) an offence of conspiracy to commit, incitement to commit or attempt to commit an offence referred to in paragraph (b) or (c);
(e) any other offence, whether committed in Victoria or elsewhere, the necessary elements of which consist of elements that constitute an offence referred to in paragraph (b), (c) or (d);
S. 3(1) def. of sexual offence inserted by No. 64/2017 s. 3(1), substituted by No. 27/2018 s. 355(1)(b).
sexual offence (except in section 56AC) means an offence referred to in Schedule 1 to the Serious Offenders Act 2018;
S. 3(1) def. of smoke inserted by No. 45/2014 s. 3.
smoke means the drawing or releasing of smoke or fumes resulting from heating or burning an ignited tobacco product, and includes but is not limited to, holding or controlling an ignited tobacco product;
S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 4.1).
spouse of a person means a person to whom the person is married;
S. 3(1) def. of stalking intervention order inserted by No. 30/2010 s. 45(b), repealed by No. 53/2010 s. 221(Sch. item 3.1(b)).
S. 3(1) def. of sub-contractor inserted by No. 94/1994 s. 4(c).
sub-contractor means a sub-contractor of a contractor;
S. 3(1) def. of supervise inserted by No. 45/2001 s. 3(2).
supervise, in relation to a prisoner or person, includes to take charge of and to hold the prisoner or person;
S. 3(1) def. of SVOSO division inserted by No. 32/2018 s. 118(1).
SVOSO division means the Serious Violent Offender or Sexual Offender Parole division of the Board established by section 74AAB(1);
S. 3(1) def. of terrorism or foreign incursion offence inserted by No. 64/2017 s. 3(1), substituted by No. 32/2018 s. 118(2).
terrorism or foreign incursion offence means an offence against—
(a) section 4B of the Terrorism (Community Protection) Act 2003; or
(b) a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003; or
(c) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or
(d) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or
(e) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;
S. 3(1) def. of terrorism record inserted by No. 32/2018 s. 118(1).
terrorism record has the meaning given in section 3A;
S. 3(1) def. of terrorism-related order inserted by No. 32/2018 s. 118(1).
terrorism-related order means—
(a) a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or
(b) a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or
(c) an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or
(d) a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or
(e) a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003; or
(f) an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003;
S. 3(1) def. of terrorism risk information inserted by No. 32/2018 s. 118(1).
terrorism risk information has the meaning given in section 3B;
S. 3(1) def. of terrorist act inserted by No. 32/2018 s. 118(1).
terrorist act has the same meaning as in the Terrorism (Community Protection) Act 2003;
S. 3(1) def. of terrorist organisation inserted by No. 32/2018 s. 118(1).
terrorist organisation has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;
S. 3(1) def. of tobacco smoking accessory inserted by No. 45/2014 s. 3.
tobacco smoking accessory means any smoking implement and includes but is not limited to, cigarette papers, pipes, cigarette holders, hookahs, water pipes, cigarette lighters, matches or other similar methods of ignition of a tobacco product;
S. 3(1) def. of tobacco product inserted by No. 45/2014 s. 3.
tobacco product means tobacco, cigarette or cigar or any other product the main ingredient of which is tobacco and which is designed for human consumption;
S. 3(1) def. of transition centre inserted by No. 2/2005 s. 3.
transition centre means a transition centre under Part 3;
S. 3(1) def. of transport inserted by No. 45/2001 s. 3(2).
transport includes escort, bring, transfer, convey, take and deliver;
S. 3(1) def. of victims register inserted by No. 14/2004 s. 4.
victims register means the register established under the regulations for the purpose of recording persons entitled to be given information under section 30A and to make victim submissions;
S. 3(1) def. of victim submission inserted by No. 14/2004 s. 4.
victim submission means a submission made under section 74A to the Adult Parole Board;
S. 3(1) def. of Victorian Registrar inserted by No. 25/2019 s. 26.
Victorian Registrar means the Registrar of Births, Deaths and Marriages under the Births, Deaths and Marriages Registration Act 1996;
S. 3(1) def. of violent offence inserted by No. 32/2016 s. 45.
violent offence means an offence listed in Schedule 3;
volunteer means a person whose name appears in the Register of Volunteers kept under Part 4.
S. 3(2) inserted by No. 72/2001 s. 3(Sch. item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 12.2).
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered relationship has the same meaning as in the Relationships Act 2008; and
(b) in determining whether persons who are not in a registered relationship 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 35(2) of the Relationships Act 2008 as may be relevant in a particular case.