3Definitions

3 Definitions (1) In this Act— ***act of violence*** means a criminal act or a series of related criminal acts, whether committed by one or more persons, that has— (a) occurred in Victoria; and (b) directly resulted in injury or death to one or more persons, irrespective of where the injury or death occurs; ***close family member***, in relation to a deceased primary victim of an act of violence, means a person who had a genuine personal relationship with the victim at the time of the victim's death and who is— (a) the spouse of the victim; or (b) a parent, guardian or step-parent of the victim; or (c) a child or step-child of the victim or some other child of whom the victim is the guardian; or (d) a brother, sister, step-brother or step‑sister of the victim; ***criminal act*** means an act or omission constituting a relevant offence or that would constitute a relevant offence if the person had not been incapable of being criminally responsible for it on account of— (a) age, mental impairment or other legal incapacity preventing him or her from having a required fault element; or (b) the existence of any other lawful defence; ***dependant***, in relation to a deceased primary victim of an act of violence, means— (a) an individual who was wholly or substantially dependent on the victim's income at the time of the victim's death or who would have been but for the incapacity of the victim due to the injury from which he or she died; or (b) a child of the victim born after the victim's death who would have been a dependant of the victim under paragraph (a) if he or she had been born before the victim's death; S. 3(1) def. of *domestic partner* inserted by No. 27/2001 s. 7(Sch. 5 item 2.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 64.1). ***domestic partner*** of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); S. 3(1) def. of *guardian* amended by Nos 52/1998 s. 311(Sch. 1 item 101.1), 48/2006 s. 42(Sch. item 37), substituted by No. 13/2019 s. 221(Sch. 1 item 58.1). ***guardian***, in relation to a victim or applicant (except in section 25(3) and (4)), does not include the Secretary within the meaning of the **Children, Youth and Families Act** **2005** or a guardian appointed under the **Guardianship and Administration Act 2019** or any other government agency; S. 3(1) def. of *injury* amended by No. 54/2000 s. 5(1)(a). ***injury*** means— (a) actual physical bodily harm; or (b) mental illness or disorder or an exacerbation of a mental illness or disorder, whether or not flowing from nervous shock; or (c) pregnancy; or (d) any combination of matters referred to in paragraphs (a), (b) and (c) arising from an act of violence— but does not include injury arising from loss of or damage to property; S. 3(1) def. of *judicial registrar* inserted by No. 18/2010 s. 11. ***judicial registrar*** has the same meaning as in the **Magistrates' Court Act 1989**; S. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 113.1), amended by No. 17/2014 s. 160(Sch. 2 item 103.1). ***legal practitioner*** means an Australian legal practitioner; ***medical expenses*** includes dental, optometry, physiotherapy, psychology treatment, hospital and ambulance expenses; ***medical report*** means a written statement made by a medical expert on medical matters and includes any document which the medical expert intends should be read with the statement; S. 3(1) def. of *member* amended by No. 5/2013 s. 66. ***member***, in relation to the Tribunal, means the magistrate or reserve magistrate engaged under section 9C of the **Magistrates' Court Act 1989** constituting the Tribunal; S. 3(1) def. of *parent* inserted by No. 27/2001 s. 7(Sch. 5 item 2.1). ***parent*** of a child, means— (a) a biological parent of the child; (b) a step-parent of the child; (c) an adoptive parent of the child; (d) a foster parent of the child; (e) a guardian of the child; (f) a person who has responsibility for the care, welfare and development of the child; S. 3(1) def. of *person under disability* inserted by No. 30/2004 s. 7. ***person under disability*** means— (a) a minor; or (b) a person who is incapable by reason of injury, disease, senility, illness or physical or mental infirmity of managing his or her affairs in relation to the proceeding; ***practice directions*** means practice directions, statements or notes issued under section 58(1); ***registrar***, in relation to the Tribunal, includes the principal registrar of the Tribunal; S. 3(1) def. of *relevant offence* amended by Nos 47/2016 s. 47, 5/2018 s. 22. ***relevant offence*** means— (a) an offence, punishable on conviction by imprisonment, that involves an assault on, or injury or a threat of injury to, a person; or (b) an offence against Subdivision (8A), (8B), (8C), (8D), (8E), (8F) or (8FA) of Division 1 of Part I of the **Crimes Act 1958** or any corresponding previous enactment (sexual offences) or an offence at common law of rape or assault with intent to rape; or (c) an offence against section 21A(1) of the **Crimes Act 1958** (stalking), section 63 of that Act (child stealing) or section 63A of that Act (kidnapping) or any corresponding previous enactment; or (d) an offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in paragraph (a), (b) or (c); S. 3(1) def. of *significant adverse effect* inserted by No. 54/2000 s. 5(1)(b). ***significant adverse effect***, in relation to a victim of an act of violence, includes any grief, distress, trauma or injury experienced or suffered by the victim as a direct result of the act of violence but does not include any loss of, or damage to, property; S. 3(1) def. of *spouse* inserted by No. 27/2001 s. 7(Sch. 5 item 2.1). ***spouse*** of a person means a person to whom the person is married; S. 3(1) def. of *the rules* amended by No. 20/2022 s. 38(1). ***the rules*** means rules of the Tribunal jointly made by the Chief Magistrate together with one or more Deputy Chief Magistrates; ***Tribunal*** means Victims of Crime Assistance Tribunal established by Part 3; S. 3(1) def. of *Tribunal officer* inserted by No. 35/2020 s. 5. ***Tribunal officer*** means a person referred to in section 23(ca); ***victim*** means primary victim, secondary victim or related victim of an act of violence, as the case requires. S. 3(2) amended by No. 47/2003 s. 4. (2) Notwithstanding the definition of ***injury*** in subsection (1), if, in respect of an application under this Act by a primary victim or a secondary victim, the Tribunal is satisfied on medical or psychological evidence that treatment or counselling is required as a result of trauma associated with an act of violence, the person concerned is deemed for the purposes of this Act to be suffering an injury. S. 3(3) inserted by No. 54/2000 s. 5(2). (3) For the purposes of section 8A— (a) references in this Act to a primary victim must be construed as including a reference to a person who is a primary victim by virtue of section 8A(1); and (b) references in this Act (including the definition of ***significant adverse effect*** in subsection (1)) to an act of violence must be construed as if a person who is a primary victim by virtue of section 8A(1) had suffered an injury; and (c) references in this Act to an injury must be construed in relation to a person who is a primary victim by virtue of section 8A(1) as if the significant adverse effect experienced or suffered by that person were an injury suffered by that person. S. 3(4) inserted by No. 27/2001 s. 7(Sch. 5 item 2.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 64.2). (4) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants.