QLDIn ForceAct
Victims of Crime Assistance Act 2009
sec.5Meaning of victim
Start here
Get a plain-English read of sec.5
Turn the raw legal text into a practical explanation grounded in Victims of Crime Assistance Act 2009.
### sec.5 Meaning of victim
A victim is a person who has suffered harm—
because a crime is committed against the person; or
because the person is a family member or dependant of a person who has died or suffered harm because a crime is committed against that person; or
as a direct result of intervening to help a person who has died or suffered harm because a crime is committed against that person.
Subsection (3) applies if a victim mentioned in subsection (1) (a) is pregnant when the crime is committed and, as a result of the commission of the crime—
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.
A victim includes a person who has suffered harm because the person would, if the unborn child had been born alive, have been a family member of the child.
A person who commits a crime against a person as mentioned in subsection (1) (a) is not a victim of the crime under subsection (1) (b) or (c) or (3) .
A victim includes a person, other than a person mentioned in subsection (1) or (3) , who has suffered 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) .
s 5 amd 2017 No. 8 s 19 ; 2023 No. 23 s 234 ; 2024 No. 21 s 126
(sec.5-ssec.1) A victim is a person who has suffered harm— because a crime is committed against the person; or because the person is a family member or dependant of a person who has died or suffered harm because a crime is committed against that person; or as a direct result of intervening to help a person who has died or suffered harm because a crime is committed against that person.
(sec.5-ssec.2) Subsection (3) applies if a victim mentioned in subsection (1) (a) is pregnant when the crime is committed and, as a result of the commission of the crime— 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.5-ssec.3) A victim includes a person who has suffered harm because the person would, if the unborn child had been born alive, have been a family member of the child.
(sec.5-ssec.4) A person who commits a crime against a person as mentioned in subsection (1) (a) is not a victim of the crime under subsection (1) (b) or (c) or (3) .
(sec.5-ssec.5) A victim includes a person, other than a person mentioned in subsection (1) or (3) , who has suffered 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) because a crime is committed against the person; or
- (b) because the person is a family member or dependant of a person who has died or suffered harm because a crime is committed against that person; or
- (c) as a direct result of intervening to help a person who has died or suffered harm because a crime is committed against that person.
- (a) the person sustains a bodily injury that results in the destruction of the life of the person’s unborn child; or
- (b) the person dies, resulting in the destruction of the life of the person’s unborn child.
- (a) because domestic violence is committed against the person; or
- (b) because the person is a family member or dependant of a person mentioned in paragraph (a) ; or
- (c) as a direct result of intervening to help a person mentioned in paragraph (a) .