sec.21ACDefinitions for div 4A

### sec.21AC Definitions for div 4A In this division— affected child means a child who is a witness in a relevant proceeding and who is not a defendant in the proceeding. child see section 21AD . civil proceeding arising from the commission of a relevant offence does not include a proceeding for a domestic violence order under the Domestic and Family Violence Protection Act 2012 . s 21AC def civil proceeding arising from the commission of a relevant offence amd 2012 No. 5 s 220 counsel includes solicitor. cultural recognition order see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , schedule 1 . s 21AC def cultural recognition order ins 2020 No. 33 s 134 (1) defendant means— in a criminal proceeding—a person charged with an offence; or in a civil proceeding arising from the commission of a relevant offence—a person whose act or omission is complained of. offence involving violence means an offence against any of the following provisions of the Criminal Code — a provision of chapter 28 or 28A a provision of chapter 29 other than section 317A , 318 , 319 , 319A , 321 , 321A , 327 , 329 , 330 , 333 or 334 a provision of chapter 29A sections 335 , 339 , 340 , 354 , 354A and 355 a provision of chapter 33A sections 363 , 363A and 364 . s 21AC def offence involving violence amd 2008 No. 55 s 150 sch ; 2014 No. 42 s 26B ; 2018 No. 23 s 29 (1) ; 2024 No. 5 s 74 offence of a sexual nature means an offence against any of the following provisions of the Criminal Code — a provision of chapter 22 a provision of chapter 32 . s 21AC def offence of a sexual nature amd 2018 No. 23 s 29 (2) parentage order relationship means a relationship arising because of— a parentage order under the Surrogacy Act 2010 ; or an order of another Australian jurisdiction that corresponds to a parentage order made under that Act. s 21AC def parentage order relationship ins 2010 No. 2 s 95 (1) preliminary hearing means a hearing under section 21AK . prescribed relationship , between a child who is a witness in a proceeding and a defendant in the proceeding, means any of the following— a relationship, regardless of whether it is a half, adoptive, step, parentage order or cultural recognition order relationship, where the defendant is— a parent of the child; or a grandparent of the child; or a brother or sister of the child; or an uncle, aunt, nephew, niece or cousin of the child; a relationship arising because, at the time of the alleged offence with which the defendant is charged, the defendant lived in the same household as the child; a relationship arising because the defendant had the care of, or exercised authority over, the child in a household on a regular basis. s 21AC def prescribed relationship amd 2010 No. 2 s 95 (2) ; 2020 No. 33 s 134 (2) proceeding means any civil or criminal proceeding, including a preliminary hearing. relevant offence , in relation to a proceeding, means— an offence of a sexual nature; or an offence involving violence, if there is a prescribed relationship between a child who is a witness in the proceeding and a defendant in the proceeding. relevant proceeding means— a criminal proceeding for a relevant offence, whether or not the proceeding also relates to other offences; or a civil proceeding arising from the commission of a relevant offence. step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement. s 21AC ins 2003 No. 55 s 60 - (a) in a criminal proceeding—a person charged with an offence; or - (b) in a civil proceeding arising from the commission of a relevant offence—a person whose act or omission is complained of. - • a provision of chapter 28 or 28A - • a provision of chapter 29 other than section 317A , 318 , 319 , 319A , 321 , 321A , 327 , 329 , 330 , 333 or 334 - • a provision of chapter 29A - • sections 335 , 339 , 340 , 354 , 354A and 355 - • a provision of chapter 33A - • sections 363 , 363A and 364 . - • a provision of chapter 22 - • a provision of chapter 32 . - (a) a parentage order under the Surrogacy Act 2010 ; or - (b) an order of another Australian jurisdiction that corresponds to a parentage order made under that Act. - (a) a relationship, regardless of whether it is a half, adoptive, step, parentage order or cultural recognition order relationship, where the defendant is— (i) a parent of the child; or (ii) a grandparent of the child; or (iii) a brother or sister of the child; or (iv) an uncle, aunt, nephew, niece or cousin of the child; - (i) a parent of the child; or - (ii) a grandparent of the child; or - (iii) a brother or sister of the child; or - (iv) an uncle, aunt, nephew, niece or cousin of the child; - (b) a relationship arising because, at the time of the alleged offence with which the defendant is charged, the defendant lived in the same household as the child; - (c) a relationship arising because the defendant had the care of, or exercised authority over, the child in a household on a regular basis. - (i) a parent of the child; or - (ii) a grandparent of the child; or - (iii) a brother or sister of the child; or - (iv) an uncle, aunt, nephew, niece or cousin of the child; - (a) an offence of a sexual nature; or - (b) an offence involving violence, if there is a prescribed relationship between a child who is a witness in the proceeding and a defendant in the proceeding. - (a) a criminal proceeding for a relevant offence, whether or not the proceeding also relates to other offences; or - (b) a civil proceeding arising from the commission of a relevant offence.