sec.38Meaning of affected victim and personal harm

sec.38 Meaning of affected victim and personal harm

An affected victim is a person who suffers personal harm— because a relevant offence is committed against the person; or because the person is a family member or dependant of another person who suffers personal harm or dies because a relevant offence is committed against the other person; or as a direct result of intervening to help another person who suffers personal harm or dies because a relevant offence is committed against the other person. Subsection (3) applies if an affected victim mentioned in subsection (1) (a) is pregnant when the relevant offence is committed and, as a result of the commission of the relevant offence— the person sustains a bodily injury that results in the destruction of the life of the person’s unborn child; or the person dies, resulting in the destruction of the life of the person’s unborn child. An affected victim includes a person who has suffered personal harm because the person would, if the unborn child had been born alive, have been a family member of the child. Also, an affected victim includes a person not mentioned in subsection (1) or (3) who suffers personal harm— because domestic violence is committed against the person; or because the person is a family member or dependant of a person mentioned in paragraph (a) ; or as a direct result of intervening to help a person mentioned in paragraph (a) . A person who commits a relevant offence or domestic violence against a person as mentioned in subsection (1) (a) or (4) (a) is not an affected victim under subsection (1) (b) or (c) , (3) or (4) (b) or (c) . For this section, a person suffers personal harm if, because of a relevant offence or domestic violence committed against the person, the person suffers physical, psychological or emotional harm. bodily injury, grief, distress or trauma (sec.38-ssec.1) An affected victim is a person who suffers personal harm— because a relevant offence is committed against the person; or because the person is a family member or dependant of another person who suffers personal harm or dies because a relevant offence is committed against the other person; or as a direct result of intervening to help another person who suffers personal harm or dies because a relevant offence is committed against the other person. (sec.38-ssec.2) Subsection (3) applies if an affected victim mentioned in subsection (1) (a) is pregnant when the relevant offence is committed and, as a result of the commission of the relevant offence— the person sustains a bodily injury that results in the destruction of the life of the person’s unborn child; or the person dies, resulting in the destruction of the life of the person’s unborn child. (sec.38-ssec.3) An affected victim includes a person who has suffered personal harm because the person would, if the unborn child had been born alive, have been a family member of the child. (sec.38-ssec.4) Also, an affected victim includes a person not mentioned in subsection (1) or (3) who suffers personal harm— because domestic violence is committed against the person; or because the person is a family member or dependant of a person mentioned in paragraph (a) ; or as a direct result of intervening to help a person mentioned in paragraph (a) . (sec.38-ssec.5) A person who commits a relevant offence or domestic violence against a person as mentioned in subsection (1) (a) or (4) (a) is not an affected victim under subsection (1) (b) or (c) , (3) or (4) (b) or (c) . (sec.38-ssec.6) For this section, a person suffers personal harm if, because of a relevant offence or domestic violence committed against the person, the person suffers physical, psychological or emotional harm. bodily injury, grief, distress or trauma