3Definitions

3 Definitions In this Act— S. 3 def. of *acknowledge-ment of sex application* inserted by No. 25/2019 s. 31. ***acknowledgement of sex application*** means an application— (a) under section 30A or 30E of the **Births, Deaths and Marriages Registration Act 1996**; or (b) under a corresponding section referred to in paragraph (a) of an equivalent law of another State or a Territory; ***Adult Parole Board*** means the Adult Parole Board established under the **Corrections Act 1986**; ***assessment report*** means a report referred to in section 269; ***authorised instrument of restraint*** means an instrument, or a type of instrument, that is approved under section 55D of the **Corrections Act 1986** and is used in the manner determined by the Secretary under that section; S. 3 def. of *authorised person* inserted by No. 28/2025 s. 3(2). ***authorised person*** means— (a) any member, or the secretary, of the Adult Parole Board; or (b) the Secretary; or (c) an independent prison visitor appointed under section 35 of the **Corrections Act 1986**; or (d) any person employed in the Department of Justice and Community Safety; or (e) any person who delivers services or advice to, or on behalf of, the Department of Justice and Community Safety, whether paid or unpaid; or (f) the Secretary to the Department of Families, Fairness and Housing or the Secretary to the Department of Health; or (g) any person employed in the Department of Families, Fairness and Housing or the Department of Health; or (h) any person who delivers services or advice on behalf of the Department of Families, Fairness and Housing or the Department of Health; or (i) a person employed or engaged by a hospital listed in Schedule 1 to the **Health Services Act 1988**; or (j) a person employed or engaged by a hospital listed in Schedule 2 to the **Health Services Act 1988**; or (k) a person employed or engaged by a public health service listed in Schedule 5 to the **Health Services Act 1988**; or (l) any member of the Authority or any employee assisting the Authority under section 301 to perform its functions; or (m) any person who delivers services or advice to, or on behalf of, the Authority, whether paid or unpaid; or (n) a person or body from which a responsible agency seeks or obtains advice; or (o) a person or body prescribed as a responsible agency under paragraph (d) of the definition of responsible agency; or (p) the Chief Commissioner of Police; or (q) a police officer; or (r) any Victoria Police employee within the meaning of the **Victoria Police Act 2013**; or (s) any person who delivers services or advice on behalf of Victoria Police; or (t) an Australian lawyer engaged for the purpose of obtaining legal advice or representation in relation to the administration or operation of this Act; or (u) the Secretary to the Department of Home Affairs of the Commonwealth; or (v) any person employed in the Department of Home Affairs of the Commonwealth; or (w) any person who delivers services or advice on behalf of the Department of Home Affairs of the Commonwealth; or (x) the Secretary to the Attorney-General's Department of the Commonwealth; or (y) any person employed in the Attorney-General's Department of the Commonwealth; or (z) any person who delivers services or advice on behalf of the Attorney-General's Department of the Commonwealth; or (za) the Commissioner of the Australian Federal Police; or (zb) a member or a special member of the Australian Federal Police; or (zc) the Commonwealth Director of Public Prosecutions; or (zd) any person employed in the Office of the Commonwealth Director of Public Prosecutions; or (ze) any person who delivers services or advice on behalf of the Office of the Commonwealth Director of Public Prosecutions; or (zf) the DPP; or (zg) the Chief Crown Prosecutor within the meaning of the **Public Prosecutions Act 1994**; or (zh) any Crown Prosecutor or Associate Crown Prosecutor within the meaning of the **Public Prosecutions Act 1994**; or (zi) the Solicitor for Public Prosecutions appointed under the **Public Prosecutions Act 1994**; or (zj) any person employed in the Office of Public Prosecutions for Victoria; or (zk) any person who delivers services or advice on behalf of the Office of Public Prosecutions for Victoria; or (zl) an NDIS provider, and a registered NDIS provider, within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; or (zm) the Attorney General for New South Wales; or (zn) a prescribed person or body; ***Authority*** means the Post Sentence Authority continued in existence under section 290; ***certificate of available resources*** means a certificate referred to in section 344; ***Chief Commissioner of Police*** means the Chief Commissioner of Police appointed under section 17 of the **Victoria Police Act 2013**; ***Commissioner*** means the person employed as Commissioner under section 8A of the **Corrections Act 1986**; ***community corrections officer*** has the same meaning as in the **Corrections Act 1986**; ***coordinated services plan*** means a plan referred to in section 332; ***core conditions***, in relation to a supervision order or an interim supervision order, means the conditions set out in section 31; S. 3 def. of *custodial sentence* amended by No. 43/2020 s. 39. ***custodial sentence*** means— (a) a sentence imposed by a court that an offender serve a term of imprisonment; or (b) that part of an old combined custody and treatment order (within the meaning of clause 1 of Schedule 3 to the **Sentencing Act 1991**) which an offender serves in a prison; or (c) that part of a sentence imposed by a court that an offender be detained in a youth justice centre which an offender serves in a prison or police gaol (excluding any period in a prison or police gaol solely on a temporary basis pending transfer to or from a youth justice centre); or (d) an order made under section 18M of the **Sentencing Act 1991**; or (e) an order made under section 31(5)(a) or (b) of the **Sentencing Act 1991** (as in force before its repeal); or (f) an order made under section 83AR(1)(a) or (b) of the **Sentencing Act 1991** (as in force before its repeal); or (g) a court secure treatment order made under section 94B of the **Sentencing Act 1991** or an order taken to be a court secure treatment order by section 94G of that Act— but does not include— (h) a suspended sentence of imprisonment except as provided in paragraph (e) or (f); or (i) a drug and alcohol treatment order referred to in section 18ZT of the **Sentencing Act 1991**; or (j) an intensive correction order made under section 19 of the **Sentencing Act 1991** (as in force before its repeal); or (k) a community correction order made under Part 3A of the **Sentencing Act 1991**; or (l) an order made under section 59 of the **Corrections Act 1986** (as in force before its repeal); S. 3 def. of *designated mental health service* amended by No. 39/2022 s. 865. ***designated mental health service*** has the same meaning as in the **Mental Health and Wellbeing Act 2022**; S. 3 def. of *detention order* amended by No. 45/2019 s. 3(a). ***detention order*** means an order made under section 62, 73, 107 or 108 and includes any extension of the order; ***DPP*** means the Director of Public Prosecutions for Victoria; ***eligible offender*** has the meaning set out in section 8; ***emergency detention order*** means an order made under section 89 or 120; ***firearms authority*** means a licence, permit or other authority under the **Firearms Act 1996** to possess, carry or use firearms; ***garment search*** means a search of any article of clothing worn by a person or in the person's possession, where the article of clothing is touched or removed from the person's body; ***immigration detention*** has the same meaning as in section 5 of the Migration Act 1958 of the Commonwealth; ***indefinite sentence*** has the same meaning as in the **Sentencing Act 1991**; ***intensive treatment and supervision condition*** means a condition on a supervision order imposed under section 32; ***interim detention order*** means an order made under section 76 or 122; ***interim supervision order*** means an order made under section 47 or 122; ***law enforcement agency*** means— (a) Victoria Police; or (b) the Australian Federal Police; ***legal practitioner*** means an Australian legal practitioner; ***medical expert*** means— (a) a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student); or (b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or (c) a person who is qualified or registered to practise psychology in a place outside Australia; or (d) any other health service provider (within the meaning of the **Health Complaints Act 2016**) of a prescribed kind; ***notice to attend*** means a notice served under section 303 requiring a person to attend a meeting of the Authority; ***notice to produce*** means a notice served under section 303 requiring a person to produce a specified document or other thing to the Authority; ***officer in charge*** means— (a) in the case of a residential facility, the officer in charge of the residential facility; or (b) in the case of a residential treatment facility, the officer in charge of the residential treatment facility; or (c) in the case of any other place where an offender resides, the Commissioner; ***pat-down search*** means a search of a person where the person's clothed body is touched; ***physical examination*** means an examination of a person's body that involves touching of the person or removal of the person's clothing; ***police gaol*** has the same meaning as in the **Corrections Act 1986**; ***prison*** has the same meaning as in the **Corrections Act 1986**; ***prison officer*** has the same meaning as in the **Corrections Act 1986**; ***progress report*** means a report referred to in section 270; ***registered dentist*** means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the dental profession as a dentist (other than as a student); and (b) in the dentists division of that profession; ***registered nurse*** means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and (b) in the registered nurses division of that profession; S. 3 def. of *Registrar* inserted by No. 25/2019 s. 31. ***Registrar*** means— (a) the Victorian Registrar; or (b) an authority responsible under a law of another State or a Territory for the registration of births, deaths and marriages; S. 3 def. of *relevant Act* inserted by No. 28/2025 s. 3(2). ***relevant Act*** means— (a) the **Bail Act 1977**; or (b) the **Children, Youth and Families Act 2005**; or (c) the **Control of Weapons Act 1990**; or (d) the **Corrections Act 1986**; or (e) the **Crimes Act 1958**; or (f) the **Disability Act 2006**; or (g) the **Family Violence Protection Act 2008**; or (h) the **Firearms Act 1996**; or (i) the **Housing Act 1983**; or (j) the **Mental Health and Wellbeing Act 2022**; or (k) the **National Domestic Violence Order Scheme Act 2016**; or (l) the **Personal Safety Intervention Orders Act 2010**; or (m) the **Sentencing Act 1991**; or (n) the **Sex Offenders Registration Act 2004**; or (o) the **Summary Offences Act 1966**; or (p) the **Worker Screening Act 2020**; or (q) the Crimes Act 1914 of the Commonwealth; or (r) the Criminal Code Act 1995 of the Commonwealth; or (s) the Migration Act 1958 of the Commonwealth; or (t) the National Disability Insurance Scheme Act 2013 of the Commonwealth; or (u) the Crimes (High Risk Offenders) Act 2006 of New South Wales; ***remotely-piloted aircraft*** includes the controls for the aircraft; ***residential facility*** means premises appointed under section 178 to be a residential facility; ***residential treatment facility*** means premises appointed under section 195 to be a residential treatment facility; S. 3 def. of *responsible agency* amended by No. 28/2025 s. 3(1). ***responsible agency*** means— (a) the Secretary; or (b) the Secretary to the Department of Families, Fairness and Housing; or (ba) the Secretary to the Department of Health; or (c) the Chief Commissioner of Police; or (d) a prescribed person or body, if any; ***restrictive condition*** means— (a) a core condition referred to in section 31(2), (3), (4), (5), (7) or (9); or (b) a condition declared under section 41 to be a restrictive condition; ***scanning search*** means a search of a person, or of the property of a person, using an electronic or other device, during which the person is not touched; S. 3 def. of *Secretary* amended by No. 45/2019 s. 18(1)(a). ***Secretary*** means the Secretary to the Department of Justice and Community Safety; ***security officer*** has the same meaning as in the **Corrections Act 1986**; ***serious sex offence*** means an offence referred to in Schedule 1; ***serious violence offence*** means an offence referred to in Schedule 2; ***specified officer*** means a person authorised to act as a specified officer under section 340; ***supervision officer*** means— (a) a community corrections officer; or (b) an employee in the public service who is working at a residential facility or a residential treatment facility and is engaged in the supervision of offenders or the day to day management of the facility; S. 3 def. of *supervision order* amended by No. 45/2019 s. 3(b). ***supervision order*** means an order made under section 14, 24, 62 or 108 and includes any extension of the order; ***treatment and supervision plan*** means a plan referred to in section 274; S. 3 def. of *Victorian Registrar* inserted by No. 25/2019 s. 31. ***Victorian Registrar*** means the Registrar of Births, Deaths and Marriages under the **Births, Deaths and Marriages Registration Act 1996**; ***weapons approval*** means an approval under section 8C of the **Control of Weapons Act 1990**; ***weapons exemption*** means an exemption granted under section 8B of the **Control of Weapons Act 1990**; S. 3 def. of *working day* amended by No. 45/2019 s. 18(1)(b). ***working day***— (a) in relation to a court, means a day on which the offices of the court are open; and (b) in relation to the Secretary, means a day on which the principal office of the Department of Justice and Community Safety is open.