4Definitions

4 Definitions In this Act— S. 4 def. of *acting in concert order* inserted by No. 42/2014 s. 126. ***acting in concert order*** means an order made under section 36 of the **Vexatious Proceedings Act 2014**; ***adult*** means a person who is 18 years of age or over; ***affected person*** means— (a) a person the subject of an application for a personal safety intervention order to protect the person or the person's property; (b) a person who is seeking leave, or for whom leave is being sought, from the court to make an application for a personal safety intervention order as referred to in section 15(c)(ii) or (iii) or (d)(ii); ***appropriate registrar***, for a court, means the registrar for that court or at the proper venue of the court; ***assault*** has the meaning given in section 6(1); ***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. ***cognitive impairment*** has the same meaning as in section 3 of the **Evidence (Miscellaneous Provisions) Act 1958**; ***contested application*** means an application that is 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; ***corresponding interstate law*** means a law of another State or a Territory relating to the protection of persons from prohibited behaviour or stalking that— (a) substantially corresponds to this Act; or (b) is prescribed for the purposes of this definition; ***corresponding interstate order*** means an order that— (a) is made under a corresponding interstate law; and (b) substantially corresponds to a final order; ***corresponding New Zealand law*** means a law of New Zealand relating to the protection of persons from prohibited behaviour or stalking that— (a) substantially corresponds to this Act; or (b) is prescribed for the purposes of this definition; ***corresponding New Zealand order*** means an order that— (a) is made under a corresponding New Zealand law; and (b) substantially corresponds to a final order; ***court*** means— (a) the Magistrates' Court; or (b) if the application is being dealt with in the Children's Court, that court; S. 4 def. of *court official* inserted by No. 52/2013 s. 70. ***court official*** means— (a) the appropriate registrar; or (b) a deputy registrar of the court; or (c) any person employed in any of the offices of the court; S. 4 def. of *declaration of truth* inserted by No. 1/2022 s. 118. ***declaration of truth*** means a declaration that complies with section 13(4) made by an applicant in an application under section 13(1)(c) instead of on oath or by affirmation or by affidavit; ***Deputy Chief Magistrate*** means the Deputy Chief Magistrate of the Magistrates' Court; ***dispute assessment officer*** means a person who is appointed or employed by a mediation provider to undertake mediation assessments; ***exclusion condition*** means a condition in a personal safety intervention order referred to in section 67(2)(c); S. 4 def. of *extended litigation restraint order* inserted by No. 42/2014 s. 126. ***extended litigation restraint order*** means an order made under section 19 of the **Vexatious Proceedings Act 2014**; ***family member*** has the meaning given in section 8 of the **Family Violence Protection Act 2008**; ***family violence intervention order*** means a family violence intervention order within the meaning of section 11 of the **Family Violence Protection Act 2008**; ***final order*** means an order made under section 61 and includes— (a) an order made under section 61 as varied under section 80; and (b) an order made under section 61 as extended under section 83; and (c) an order made under section 61 and confirmed on appeal to the County Court or Supreme Court; ***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 personal safety intervention order, means the first date on which the proceeding for the application is listed before the court; S. 4 def. of *guardian* amended by Nos 57/2014 s. 159, 13/2019 s. 221(Sch. 1 item 37.1). ***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; ***harassment*** has the meaning given in section 7; ***interim order*** means an order— (a) made under section 35, and includes an order made under section 35 as varied under section 80; and (b) made under section 81 that varies a personal safety intervention order; S. 4 def. of *litigation restraint order proceeding* inserted by No. 42/2014 s. 126. ***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; ***mediation assessment*** means an assessment as to whether a matter is suitable for mediation, conducted in accordance with Division 2 of Part 3; ***mediation direction*** means a direction given under section 26(1); ***mediation provider*** means an organisation declared under section 21K of the **Evidence (Miscellaneous Provisions) Act 1958** to be a dispute settlement centre; ***mediator*** means a person declared under section 21K of the **Evidence (Miscellaneous Provisions) Act 1958** to be a mediator; ***mental harm*** means grief, anxiety, distress or trauma; ***mention date***, in relation to an application 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; S. 4 def. of *non-local DVO* inserted by No. 53/2016 s. 111. ***non-local DVO*** means a non-local DVO within the meaning of the **National Domestic Violence Order Scheme Act 2016**; ***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; ***party***, to a proceeding under this Act, includes— (a) the affected person or protected person for the proceeding, whether or not the person is the applicant for the proceeding; and (b) if the affected person or protected person is not the applicant for the proceeding, the applicant; and (c) the respondent; ***personal safety intervention order*** means— (a) a final order; or (b) an interim order; S. 4 def. of *police officer* substituted by No. 37/2014 s. 10(Sch. item 123.1). ***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**; ***prohibited behaviour*** has the meaning given in section 5; ***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**; ***property***, in relation to a person, includes— (a) property of the person; and (b) property that is situated in premises in which the person lives or works whether or not it is the person's property; and (c) property that is being used by the person whether or not it is the person's property; ***property damage or interference*** has the meaning given in section 8; ***protected person*** means a person who is protected by a personal safety intervention order; S. 4 def. of *publish* substituted by No. 77/2014 s. 24(3). ***publish***, in Part 6, 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. 111. ***recognised DVO*** means a recognised DVO within the meaning of the **National Domestic Violence Order Scheme Act 2016**; S. 4 def. of *registrar* amended by No. 1/2022 s. 103. ***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; ***relevant decision***, for Subdivision 1 of Division 11 of Part 3, has the meaning set out in section 91; ***respondent*** means a person against whom— (a) an application for a personal safety intervention order has been made; or (b) a personal safety intervention order has been made; ***safety*** means safety from physical or mental harm; ***school*** means a registered school within the meaning of the **Education and Training Reform Act 2006**; ***Secretary*** means the Secretary to the Department of Justice; ***serious threat*** has the meaning given in section 9; ***sexual assault*** has the meaning given in section 6(2); ***stalking*** has the meaning given in section 10; ***student*** means a person who is currently enrolled as a student at a school; ***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. 24(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. 24(2), substituted by No. 20/2015 s. 45. ***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**.