3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *alternative protection arrangements* inserted by No. 34/2016 s. 4. ***alternative protection arrangements*** means protection and assistance provided by the Chief Commissioner under Division 3A of Part 2 under arrangements falling outside the Victorian witness protection program; S. 3(1) def. of *approved authority* inserted by No. 58/1996 s. 4(1), amended by Nos 18/2002 s. 25(1)(a), 52/2003 s. 52(Sch. 1 item 14(1)(a)),37/2014 s. 10(Sch. item 185.1(b)). ***approved authority*** means— (a) the Commissioner of the Australian Federal Police; (b) a Commissioner (however designated) of the police force or police service of another State; (c) the Chief Executive Officer of the Australian Crime Commission; (d) an authority or body of the Commonwealth or another State that— (i) is authorised to conduct inquiries or investigations in relation to conduct that constitutes, or is alleged to constitute, criminal conduct, misconduct or corruption; and (ii) is declared by the Minister, by notice published in the Government Gazette, to be an approved authority for the purposes of this Act; S. 3(1) def. of *authorizing court order* amended by No. 43/2014 s. 5(b). ***authorizing court order*** means a court order authorizing the making of an entry under this Act, other than an order made under section 9(2) or 20A(2); S. 3(1) def. of *Chief Commis-sioner* inserted by No. 43/2014 s. 5(a), amended by No. 43/2014 s. 37(a). ***Chief Commissioner*** means the Chief Commissioner of Police appointed under the **Victoria Police Act 2013**; S. 3(1) def. of c*ommission of inquiry* inserted by No. 43/2014 s. 5(a), repealed by No. 67/2014 s. 147(Sch. 2 item 45.1). S. 3(1) def. of *complement-ary witness protection law* inserted by No. 58/1996 s. 4(1). ***complementary witness protection*** ***law*** means a law of the Commonwealth or another State that— (a) makes provision for the protection of witnesses; and (b) is declared by the Minister, by notice published in the Government Gazette, to be a complementary witness protection law; S. 3(1) def. of *Deputy Ombudsman* inserted by No. 58/1996 s. 4(1), substituted as def. of *Director* by No. 63/2004 s. 33(a), amended by No. 34/2008 s. 143(Sch. 2 item 15), repealed by No. 82/2012 s. 168(1)(a). S. 3(1) def. of *Deputy Public Interest Monitor* inserted by No. 34/2016 s. 4. ***Deputy Public Interest Monitor*** means a Deputy Public Interest Monitor appointed under section 7 of the **Public Interest Monitor Act 2011**; S. 3(1) def. of *domestic partner* inserted by No. 72/2001 s. 3(Sch. item 13.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 67.1). ***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 *IBAC* inserted by No. 82/2012 s. 168(1)(b). ***IBAC*** has the same meaning as it has in the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 3(1) def. of *IBAC Com-missioner* inserted by No. 34/2016 s. 4. ***IBAC Commissioner*** means the Commissioner within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 3(1) def. of *interim protection declaration* inserted by No. 43/2014 s. 5(a). ***interim protection declaration*** means a declaration under section 9C(1); S. 3(1) def. of *member of the family* inserted by No. 72/2001 s. 3(Sch. item 13.1). ***member of the family*** of a witness includes— (a) a spouse or domestic partner, parent or sibling of the witness; or (b) a child of the witness or of the witness's spouse or domestic partner; S. 3(1) def. of *member of Victoria Police personnel* inserted by No. 34/2016 s. 4. ***member of Victoria Police personnel*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *Office of the Special Investigator* inserted by No. 50/2021 s. 145, repealed by No. 31/2023 s. 69. S. 3(1) def. of *officer of an approved authority* inserted by No. 31/2000 s. 5, amended by Nos 18/2002 s. 25(1)(b), 52/2003 s. 52(Sch. 1 item 14(1)(b) (c)). ***officer of an approved authority*** means— (a) in relation to an approved authority within the meaning of paragraph (a) or (b) of the definition of ***approved authority***—a person who is a member of the body of which the approved authority is Commissioner (however designated); (ab) in relation to an approved authority within the meaning of paragraph (c) of the definition of ***approved authority***—a person who is a member of the staff of the Australian Crime Commission; (b) in relation to an approved authority within the meaning of paragraph (d) of the definition of ***approved authority***—a person who is a member or an officer of the approved authority; S. 3(1) def. of *Ombudsman* inserted by No. 58/1996 s. 4(1). ***Ombudsman*** means the Ombudsman appointed under section 3 of the **Ombudsman Act 1973**; S. 3(1) def. of *participant* inserted by No. 31/2000 s. 5, amended by No. 43/2014 s. 5(c). ***participant*** means a person who is included in the Victorian witness protection program; In sections 10, 10A and 24, ***participant*** has an expanded meaning—see sections 10(8), 10A(4) and 24(2). S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 185.1(a)). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *Principal Public Interest Monitor* inserted by No. 34/2016 s. 4. ***Principal Public Interest Monitor*** means the Principal Public Interest Monitor appointed under section 6 of the **Public Interest Monitor Act 2011**; S. 3(1) def. of *Public Interest Monitor* inserted by No. 34/2016 s. 4. ***Public Interest Monitor*** means— (a) the Principal Public Interest Monitor; or (b) a Deputy Public Interest Monitor; S. 3(1) def. of *recognised participant* inserted by No. 31/2000 s. 5, amended by No. 43/2014 s. 5(d). ***recognised participant*** means a person who is included in a witness protection program established under a complementary witness protection law, but who is not included in the Victorian witness protection program; In sections 10 and 24, ***recognised participant*** has an expanded meaning—see sections 10(8) and 24(2). S. 3(1) def. of *register of births* amended by No. 43/1996 s. 65(Sch. item 14.1). ***register of births*** means the register of births in the Register maintained under Part 7 of the **Births, Deaths and Marriages Registration Act 1996**; S. 3(1) def. of *register of marriages* inserted by No. 58/1996 s. 4(1), amended by No. 58/1996 s. 12. ***register of marriages*** means the register of marriages in the Register maintained under Part 7 of the **Births, Deaths and Marriages Registration Act 1996**; S. 3(1) def. of *Registrar* amended by No. 43/1996 s. 65(Sch. item 14.2). ***Registrar*** means the Registrar of Births, Deaths and Marriages; S. 3(1) def. of *spouse* inserted by No. 72/2001 s. 3(Sch. item 13.1). ***spouse*** of a person means a person to whom the person is married; S. 3(1) def. of *State* inserted by No. 58/1996 s. 4(1). ***State*** includes Territory; S. 3(1) def. of *sworn IBAC Officer* inserted by No. 34/2016 s. 4. ***sworn IBAC Officer*** has the same meaning as in the **Independent Broad-based Anti‑corruption Commission Act 2011**; S. 3(1) def. of *Victorian witness protection program* inserted by No. 58/1996 s. 4(1), amended by No. 43/2014 s. 5(e). ***Victorian witness protection program*** means the program established and maintained by the Chief Commissioner under section 3A; S. 3(1) def. of *witness* substituted by No. 58/1996 s. 4(2), amended by Nos 37/2014 s. 10(Sch. item 185.1(c)), 43/2014 s. 5(e). ***witness*** means— (a) a person who has given, or agreed to give, evidence on behalf of the Crown in— (i) proceedings for an offence; or (ii) hearings or proceedings before an authority that is declared by the Minister, by notice published in the Government Gazette, to be an authority to which this paragraph applies; or (b) a person who has given, or agreed to give, evidence otherwise than as mentioned in paragraph (a) in relation to the commission or possible commission of an offence against a law of Victoria, the Commonwealth or another State; or (c) a person who has made a statement to the Chief Commissioner, another police officer, a member of the police force or service of the Commonwealth or another State or Territory, or an approved authority in relation to an offence against a law of Victoria, the Commonwealth or another State; or (d) a person who, for any other reason, may require protection or other assistance under this Act. S. 3(2) inserted by No. 72/2001 s. 3(Sch. item 13.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 67.2). (2) 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. S. 3AAA inserted by No. 34/2016 s. 5. 3AAA Objective of witness protection The central objective of witness protection is to give practical effect to the rule of law and advance the public interest in the efficacy and integrity of the criminal justice system by, as far as reasonably possible, protecting those exposed to a risk of injury or death by reason of their participation in, or cooperation with, the criminal justice system. S. 3AA inserted by No. 34/2016 s. 5. 3AA Witness protection principles (1) Subject to subsection (3), the following persons must have regard to the principles set out in subsection (2) when making any decision or taking any action under this Act— (a) the Chief Commissioner; (b) a person to whom a duty, function or power of the Chief Commissioner under this Act has been delegated; (c) a police officer; (d) an approved authority or an officer of an approved authority. The principles set out in this section are to be read in conjunction with the central objective stated in section 3AAA. (2) For the purposes of subsection (1), the following principles apply— (a) witness protection and assistance is intended to remove or reduce barriers to cooperation in criminal investigations and prosecutions and should not be provided as a reward or inducement; (b) as far as practicable, there should be a clear separation of the investigative and the protective functions of Victoria Police; (c) the decision to protect a witness should be determined primarily by reference to the risk incurred by the person as a consequence of the person's participation in, or cooperation with, the criminal justice system; (d) protection and assistance provided to a witness under this Act should be tailored to the individual circumstances and risk faced by the witness and the community; (e) the safety of the witness should take priority over the successful conduct of a prosecution; (f) the interests of children involved in, or affected by, the provision of witness protection and assistance should be separately considered and their welfare should be a powerful factor in decision making; (g) there should be public accountability for the operation of the witness protection and assistance provided under this Act, subject to the need to safeguard— (i) the health and safety of any person; and (ii) the effective conduct of any investigation or intelligence-gathering in relation to criminal activity; and (iii) the overall integrity of the Victorian witness protection program and the provision of alternative protection arrangements under this Act. (3) The principles set out in subsection (2) do not apply to the exercise of a statutory duty under this Act where there is no discretion involved in the performance of that duty. (4) The Parliament does not intend by this section to create in any person any legal right or give rise to any civil cause of action. Pt 2 (Heading) inserted by No. 43/2014 s. 6.