4Definitions

4 Definitions In this Act— ***Aboriginal and Torres Strait Islander tradition*** means— (a) the body of traditions, observances, customs and beliefs of Aboriginal and Torres Strait Islander people generally or of a particular community or group of Aboriginal or Torres Strait Islander people; and (b) any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships; S. 4 def. of *acting in concert order* inserted by No. 42/2014 s. 114. ***acting in concert order*** means an order made under section 36 of the **Vexatious Proceedings Act 2014**; S. 4 def. of *Administrat-ive Office Head* inserted by No. 23/2017 s. 4(a). ***Administrative Office Head*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**; ***adult*** means a person who is 18 years of age or over; S. 4 def. of *affected family member* amended by No. 53/2016 ss 41(d), 82. ***affected family member*** means the following persons— (a) a person the subject of an application for a family violence intervention order to protect the person or the person's property; (b) a person for whom a police officer intends to make an application referred to in section 13(1)(a) or 13A(1)(a) to ensure the safety of the person or to preserve any property of the person; (c) a person who is seeking leave, or for whom leave is being sought, from the court to make an application for a family violence intervention order as referred to in section 45(d)(ii) or (iii) or (e)(ii); (d) an additional applicant under section 76; ***appropriate registrar***, for a court, means the registrar for that court or at the proper venue of the court; ***assault*** has the same meaning as in section 31 of the **Crimes Act 1958**; ***associate*** means— (a) in relation to a respondent, a person who is so closely connected with the respondent that the respondent can influence the actions of the person, whether directly or indirectly; and (b) in relation to an affected family member or a protected person, a person who provides the affected family member or protected person with assistance or support; ***authorisation form*** means a form completed under section 27(2)(a); ***child*** means a person who is under the age of 18 years; ***child protection order*** means an order for which the Children's Court has jurisdiction under section 515(1) of the **Children, Youth and Families Act 2005** to hear and determine an application; Under section 515(1)(o) of the **Children, Youth and Families Act 2005**, the Children's Court's jurisdiction includes hearing and determining applications for certain proceedings transferred to the Court under interstate laws. S. 4 def. of *cognitive impairment* amended by No. 53/2010 s. 197(a). ***cognitive impairment*** has the same meaning as in section 3 of the **Evidence (Miscellaneous Provisions) Act 1958**; ***contested application*** means an application the subject of a contested hearing; ***contested hearing***, in relation to an application under this Act, means a hearing by a court in which a party to the proceeding is contesting the final determination of the application; S. 4 def. of *correspon-ding DVO recognition law* inserted by No. 53/2016 s. 41(a). ***corresponding DVO recognition law*** means a corresponding law within the meaning of the **National Domestic Violence Order Scheme Act 2016**; S. 4 def. of *correspon-ding interstate law* repealed by No. 53/2016 s. 41(f). S. 4 def. of *correspon-ding interstate order* repealed by No. 53/2016 s. 41(f). S. 4 def. of *correspon-ding New Zealand law* substituted by No. 53/2016 s. 41(b). ***corresponding New Zealand law*** means the Domestic Violence Act 1995 of New Zealand or an Act repealed by that Act; S. 4 def. of *correspon-ding New Zealand order* substituted by No. 53/2016 s. 41(c). ***corresponding New Zealand order*** means— (a) an order made under a corresponding New Zealand law that substantially corresponds to an interim order or a final order; or (b) a notice issued or an order made under a corresponding New Zealand law that substantially corresponds to a family violence safety notice; ***counselling order*** means an order under section 129 or 130; S. 4 def. of *court* amended by No. 33/2018 s. 14(2). ***court*** means— (a) the Magistrates' Court; or (b) if the application is being dealt with in the Children's Court, that court; or (c) in relation to an interim order made under Division 2A of Part 4, the court hearing the criminal proceeding in which the order is made; S. 4 def. of *declaration of truth* inserted by No. 33/2018 s. 14(1). ***declaration of truth*** means a declaration that complies with section 43(4) made by an applicant in an application under section 43(1)(c) instead of on oath or by affirmation or by affidavit; ***domestic partner*** has the meaning set out in section 9; ***Deputy Chief Magistrate*** means the Deputy Chief Magistrate of the Magistrates' Court; ***economic abuse*** has the meaning set out in section 6; ***emotional or psychological abuse*** has the meaning set out in section 7; ***exclusion condition*** has the meaning given by section 82; S. 4 def. of *extended litigation restraint order* inserted by No. 42/2014 s. 114. ***extended litigation restraint order*** means an order made under section 19 of the **Vexatious Proceedings Act 2014**; ***Family Law Act*** means the Family Law Act 1975 of the Commonwealth; ***Family Law Act order*** means an order, injunction, undertaking, plan or recognisance referred to in section 68R of the Family Law Act; ***family member*** has the meaning set out in section 8; ***family violence*** has the meaning set out in section 5; S. 4 def. of *Family Violence Court Division* repealed by No. 33/2018 s. 47(a). ***family violence intervention order*** has the meaning set out in section 11; ***family violence safety notice*** means a family violence safety notice issued under section 26 for which— (a) a form is completed under section 27(1); or (b) a safety notice form is completed; ***final order*** has the meaning set out in section 11; S. 4 def. of *finalisation condition* inserted by No. 77/2014 s. 3(2), repealed by No. 19/2017 s. 62. ***firearms authority*** means a licence, permit or other authority under the **Firearms Act 1996** to possess, carry or use firearms; ***first mention date***, in relation to an application for a family violence intervention order, means the first date on which the proceeding for the application is listed before the court; S. 4 def. of *foreign order* inserted by No. 53/2016 s. 41(a). ***foreign order*** means a foreign order within the meaning of the **National Domestic Violence Order Scheme Act 2016**; S. 4 def. of *guardian* amended by Nos 57/2014 s. 152, 13/2019 s. 221(Sch. 1 item 15.1). ***guardian***, in relation to a person, means (except in the definition of ***parent***) a guardian under the **Guardianship and Administration Act 2019** or an attorney who has power for personal matters under an enduring power of attorney under the **Powers of Attorney Act 2014** who has power, whether specifically or generally— (a) to make decisions, take action, consent or do things for the person under this Act or under the enduring power of attorney; or (b) to decide where or with whom the person is to live or with whom the person is to have contact; S. 4 def. of *information sharing entity* inserted by No. 23/2017 s. 6. ***information sharing entity*** has the meaning set out in section 144D; ***interim order*** has the meaning set out in section 11; S. 4 def. of *interstate DVO* inserted by No. 53/2016 s. 41(a). ***interstate DVO*** means an interstate DVO within the meaning of the **National Domestic Violence Order Scheme Act 2016**; S. 4 def. of *litigation restraint order proceeding* inserted by No. 42/2014 s. 114. ***litigation restraint order*** ***proceeding*** means a proceeding under the **Vexatious Proceedings Act 2014** in relation to any of the following orders, if the order relates to an application or a proceeding under this Act— (a) an extended litigation restraint order; (b) an acting in concert order; (c) an appeal restriction order within the meaning of that Act; (d) an order varying or revoking an extended litigation restraint order; (e) a variation or revocation application prevention order within the meaning of that Act; S. 4 def. of *mention date* amended by No. 19/2017 s. 31. ***mention date***, in relation to an application or appeal under this Act, means— (a) the first mention date; or (b) another date on which the proceeding is listed before the court other than for a contested hearing or the hearing of an appeal; ***parent***, of a child, includes— (a) a person who has responsibility for the long-term welfare of the child and has, in relation to the child, all the parental powers, rights and duties that are vested by law or custom in the guardian of a child; and (b) a person with whom the child normally or regularly resides; S. 4 def. of *participating jurisdiction* inserted by No. 53/2016 s. 41(a). ***participating jurisdiction***, in relation to an interstate DVO or registered foreign order, means a jurisdiction in which a corresponding DVO recognition law has been enacted; ***party***, to a proceeding under this Act, includes— (a) the affected family member or protected person for the proceeding, whether or not the person is the applicant for the proceeding; and (b) if the affected family member or protected person is not the applicant for the proceeding, the applicant; and (c) the respondent for the proceeding or the respondent who is the subject of an order made in the proceeding; S. 4 def. of *personal safety intervention order* inserted by No. 53/2010 s. 210. ***personal safety intervention order*** means a personal safety intervention order within the meaning of section 4 of the **Personal Safety Intervention Orders Act 2010**; S. 4 def. of *police officer* amended by No. 37/2014 s. 10(Sch. item 61.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; ***possession***, in relation to a firearm, has the same meaning as it has in the **Firearms Act 1996**; ***proper venue***— (a) in relation to a proceeding in the Magistrates' Court, has the meaning given by section 3(1) of the **Magistrates' Court Act 1989**; and (b) in relation to a proceeding in the Children's Court, has the meaning given by section 3(1) of the **Children, Youth and Families Act 2005**; S. 4 def. of *property* substituted by No. 53/2010 s. 197(b). ***property***, in relation to a family member, includes— (a) property of the family member; and (b) property that is situated in premises in which the family member lives or works whether or not it is the family member's property; and (c) property that is being used by the family member whether or not it is the family member's property; S. 4 def. of *protected person* amended by No. 53/2016 s. 41(e). ***protected person*** means a person who is protected by a family violence intervention order or a family violence safety notice or a recognised DVO; S. 4 def. of *public entity* inserted by No. 23/2017 s. 4(a). ***public entity*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**; S. 4 def. of *public service body* inserted by No. 23/2017 s. 4(a). ***public service body*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**; S. 4 def. of *publish* substituted by No. 77/2014 s. 3(3). ***publish*** means disseminate or provide access to the public or a section of the public by any means, including by— (a) publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or (c) public exhibition; or (d) broadcast or electronic communication— and ***publication*** must be construed accordingly; S. 4 def. of *recognised DVO* inserted by No. 53/2016 s. 41(a). ***recognised DVO*** means— (a) an interstate DVO made in a participating jurisdiction; or (b) an interstate DVO or a foreign order taken to be a recognised DVO under section 36(1) of the **National Domestic Violence Order Scheme Act 2016**; or (c) a foreign order that is a registered foreign order in any participating jurisdiction, and includes a corresponding New Zealand order registered under Part 10; S. 4 def. of *registered foreign order* inserted by No. 53/2016 s. 41(a). ***registered foreign order*** means a registered foreign order within the meaning of the **National Domestic Violence Order Scheme Act 2016**; S. 4 def. of *registrar* amended by No. 1/2022 s. 89. ***registrar*** means— (a) in relation to the Magistrates' Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or (b) in relation to the Children's Court, the principal registrar of the Court, a registrar of the Court or a deputy registrar of the Court; or (c) in relation to the County Court, a registrar of the Court or a deputy registrar of the Court; or (d) in relation to the Supreme Court, the prothonotary of the Court, a deputy Prothonotary of the Court or the Registrar of the Court of Appeal; ***relative*** has the meaning set out in section 10; ***relevant decision***, for Subdivision 1 of Division 9 of Part 4, has the meaning set out in section 114; S. 4 def. of *respondent* amended by No. 53/2016 s. 41(f). ***respondent*** means the following persons— (a) a person against whom— (i) an application for a family violence intervention order has been made; or (ii) a family violence intervention order has been made; or (iii) a family violence safety notice has been issued; (b) an additional respondent under section 76; (c) in relation to a recognised DVO, a person against whom the recognised DVO has been made; ***safety*** means safety from family violence; ***safety notice form*** means a form completed under section 27(3); S. 4 def. of *Secretary* amended by Nos 19/2017 s. 41, 23/2017 s. 4(b). ***Secretary*** means (other than in Part 11) the Secretary to the Department of Justice and Regulation; S. 4 def. of *Specialist Family Violence Court Division* inserted by No. 33/2018 s. 39(1). ***Specialist Family Violence Court Division*** means the Specialist Family Violence Court Division of the Magistrates' Court established under section 4IA(1) of the **Magistrates' Court Act 1989**; ***spouse***, of a person, means a person to whom the person is married; ***weapon*** means an article that is— (a) a prohibited weapon under the **Control of Weapons Act 1990**; or (b) a controlled weapon under paragraph (b) of the definition of ***controlled weapon*** in section 3(1) of the **Control of Weapons Act 1990**; ***weapons approval*** means an approval under section 8C of the **Control of Weapons Act 1990**; S. 4 def. of *weapons exemption* amended by No. 77/2014 s. 3(1). ***weapons exemption*** means an exemption granted under section 8B of the **Control of Weapons Act 1990** in respect of a person or a class of persons; S. 4 def. of *working day* inserted by No. 77/2014 s. 3(2). ***working day***, in relation to a court, means a day other than a Saturday, a Sunday or a day appointed as a public holiday under the **Public Holidays Act 1993**.