26Definitions

#### 26 Definitions 26 Definitions > In this Division— > > closed-circuit television arrangements means the arrangements for giving evidence provided for by section 294B or Division 4 of Part 6 of Chapter 6 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > family victim means any of the following persons, whether or not the person suffered personal harm as a result of the offence— > > > (a) in relation to an offence as a direct result of which a primary victim has died—a person who was, at the time the offence was committed, a member of the primary victim’s immediate family, > > > (b) in relation to an offence committed against a primary victim who was pregnant at the time the offence was committed and as a result of which the foetus was lost, regardless of the gestational age of the foetus—a person who was, at the time the offence was committed, a member of the primary victim’s immediate family, whether or not the primary victim died. > > member of the primary victim’s immediate family means any of the following— > > > (a) the victim’s spouse, > > > (b) the victim’s de facto partner, > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > (c) a person to whom the victim is engaged to be married, > > > (d) a parent, step-parent or guardian of the victim, > > > (e) a grandparent or step-grandparent of the victim, > > > (f) a child or step-child of the victim or some other child for whom the victim is the guardian, > > > (g) a grandchild or step-grandchild of the victim, > > > (h) a brother, sister, half-brother, half-sister, step-brother or step-sister of the victim, > > > (i) an aunt, uncle, niece or nephew of the victim, > > > (j) in the case of a victim who is an Aboriginal person or a Torres Strait Islander—a person who is or has been part of the close family or kin of the victim according to the Indigenous kinship system of the victim’s culture, > > > (k) any person who the prosecutor is satisfied is a member of the victim’s extended family or culturally recognised family to whom the victim is or was close, > > > (l) any person who the prosecutor is satisfied is a person with whom the victim had a close relationship analogous to a family relationship, or whom the victim considered to be family. > > personal harm means actual physical bodily harm or psychological or psychiatric harm. > > prescribed sexual offence has the same meaning as it has in the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > primary victim, in relation to an offence, means— > > > (a) a person against whom the offence was committed, or > > > (b) a person who was a witness to the act of actual or threatened violence, the sexual offence, the death or the infliction of the physical bodily harm concerned, > > being a person who has suffered personal harm as a direct result of the offence. > > victim means a primary victim or a family victim. > > victim impact statement has the meaning given by section 28 (1) and (2). > > **s 26:** Am 2006 No 127, Sch 2.1 \[1\]–\[4\]; 2008 No 81, Sch 1 \[1\]–\[3\]; 2010 No 19, Sch 3.31 \[1\] \[2\]. Subst 2018 No 88, Sch 3 \[1\]. Am 2021 No 36, Sch 2\[1\].