3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— > > > > accused person includes, in relation to summary offences, a defendant and, in relation to all offences (where the subject-matter or context allows or requires), an Australian legal practitioner representing an accused person. > > > > apprehended violence order has the same meaning as in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > > > apprehended violence order proceedings has the same meaning as in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > > > authorised officer means— > > > > > (a) a registrar of a court, or > > > > > (b) an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of this Act. > > > > bail has the same meaning as it has in the [Bail Act 2013](/view/html/inforce/current/act-2013-026). > > > > case conference means a conference held under Division 5 of Part 2 of Chapter 3. > > > > case conference certificate means a case conference certificate required to be completed and filed under Division 5 of Part 2 of Chapter 3. > > > > case conference material—see section 78 (5). > > > > charge certificate—see section 66 (1). > > > > Children’s Judge has the same meaning as in the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053). > > > > coincidence evidence has the same meaning as it has in the [Evidence Act 1995](/view/html/inforce/current/act-1995-025). > > > > committal proceedings means proceedings before a Judge of the Local Court for the purpose of committing a person charged with an indictable offence for trial or sentence. > > > > court means— > > > > > (a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or > > > > > (b) any other court that, or person who, exercises criminal jurisdiction, > > > > but, subject to the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court. > > > > Court of Coal Mines Regulation means the Court of Coal Mines Regulation established under the [Coal Mines Regulation Act 1982](/view/html/repealed/current/act-1982-067). > > > > domestic violence complainant, in proceedings for a domestic violence offence, means the person against whom the domestic violence offence is alleged to have been committed, but does not include a person who is a vulnerable person. > > > > domestic violence offence means a domestic violence offence within the meaning of the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > > > exercise a function includes perform a duty. > > > > function includes a power, authority or duty. > > > > indictable offence means an offence (including a common law offence) that may be prosecuted on indictment. > > > > Industrial Local Court Judge has the same meaning as in the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017). > > > > intervention plan—see section 346. > > > > intervention program—see section 346. > > > > law enforcement or investigating officer, for an alleged offence, means a police officer, or another officer or a member of staff of an agency created by or under an Act, who is responsible for an investigation into a matter involving the suspected commission of the alleged offence. > > > > offence means an offence against the laws of the State (including a common law offence). > > > > plea offer—see section 77 (1). > > > > prescribed sexual offence means— > > > > > (a) an offence under section 43B, 45, 45A, 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 63, 65, 65A, 66, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 66F, 67, 68, 71, 72, 72A, 73, 73A, 74, 76, 76A, 78A, 78B, 78H, 78I, 78K, 78L, 78M, 78N, 78O, 78Q, 79, 80, 80A, 80D, 80E, 81, 81A, 81B, 87, 89, 90, 90A, 91, 91A, 91B, 91D, 91E, 91F, 91G, 91P, 91PA, 91Q, 91R, 316 (if the concealed serious indictable offence is a prescribed sexual offence) or 316A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or > > > > > (b) an offence that, at the time it was committed, was a prescribed sexual offence for the purposes of this Act or the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or > > > > > (c) an offence (including an offence under section 86 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)) that includes the commission of, or an intention to commit, an offence referred to in paragraph (a) or (b), or > > > > > (d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c). > > > > prescribed summary offence has the same meaning as in the [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207). > > > > prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject-matter or context allows or requires) an Australian legal practitioner representing the prosecutor. > > > > public officer means any of the following persons, if acting in an official capacity— > > > > > (a) an employee in the Public Service or the NSW Police Force, > > > > > (b) an officer or employee of a statutory body representing the Crown, > > > > > (c) an employee of a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), > > > > > (d) a member of staff of Local Land Services, > > > > > (e) the Director of Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public Prosecutions, > > > > > (f) an officer or employee of a body declared by the regulations to be a public body for the purposes of this definition. > > > > recorded statement—see section 289D. > > > > regulations means regulations under this Act. > > > > Rule Committee for a court means a person or body having power to make rules for the court. > > > > rules means rules made for the purposes of a court to which the relevant provision applies. > > > > sexual offence witness has the same meaning as in section 294D. > > > > summary offence means an offence that is not an indictable offence. > > > > tendency evidence has the same meaning as it has in the [Evidence Act 1995](/view/html/inforce/current/act-1995-025). > > > > trial Judge means the Judge before whom trial proceedings, following empanelment of a jury in proceedings on indictment, are heard. > > > > vulnerable person has the same meaning as it has in Part 6 of Chapter 6. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) Notes included in this Act are explanatory notes and do not form part of this Act. > > > (3) In the absence of evidence to the contrary, a person specified in paragraphs (a)–(f) of the definition of public officer who purports to exercise a function as a public officer under this Act is presumed to be acting in an official capacity. > > > (4) In this Act, a reference to the empanelment of a jury is, in the case of a trial by a Judge alone, taken to be a reference to the point in time when the Judge first assumes the role of the tribunal of fact. > > **s 3:** Am 2001 No 119, Sch 1 \[3\]–\[6\]; 2002 No 100, Sch 1 \[3\]; 2003 No 9, Sch 2.1 \[1\]; 2003 No 27, Sch 8 \[1\]; 2005 No 25, Sch 1 \[1\]; 2006 No 107, Sch 1.11 \[1\]; 2006 No 120, Sch 3.7 \[1\]; 2007 No 74, Sch 2 \[1\]; 2007 No 80, Sch 2.9 \[1\]; 2007 No 92, Sch 4.5 \[1\]; 2007 No 94, Schs 1.28 \[1\] \[2\], 2; 2008 No 107, Sch 29.4 \[1\]; 2008 No 112, Sch 6.3; 2009 No 112, Sch 1 \[1\] \[2\]; 2011 No 62, Sch 3.7; 2013 No 51, Sch 7.8; 2014 No 5, Sch 2.15 \[1\]; 2014 No 83, Sch 1 \[1\]; 2015 No 67, Sch 1.8 \[1\]; 2016 No 48, Sch 2.13 \[1\] \[2\]; 2017 No 44, Sch 1.9 \[1\] \[2\]; 2017 No 55, Sch 1 \[1\] \[2\]; 2018 No 25, Sch 5.10; 2018 No 33, Sch 4 \[1\]–\[6\]; 2018 No 88, Sch 5 \[1\]; 2019 No 20, Sch 1.10\[1\]–\[3\]; 2020 No 31, Sch 1.8\[1\] \[2\]; 2020 No 36, Sch 2\[1\]; 2022 No 49, Sch 1.1\[1\]; 2023 No 41, Sch 2.13\[1\]; 2025 No 57, Sch 2.4\[1\]; 2025 No 61, Sch 2.31\[1\] \[2\].