Victorian Current Acts Victorian Current Acts(1) In this Act—
"Aboriginal agency" means an organisation declared to be an Aboriginal agency under section 6;
"Aboriginal elder or respected person" means a person who holds office as an Aboriginal elder or respected person under section 536;
S. 3(1) def. of Aboriginal person amended by No. 17/2023 s. 3(2).
"Aboriginal person" means a person who—
(a) is of Aboriginal or Torres Strait Islander descent; and
(b) identifies as an Aboriginal or Torres Strait Islander person; and
(c) is accepted as an Aboriginal or Torres Strait Islander person by an Aboriginal or Torres Strait Island community;
S. 3(1) def. of access repealed by No. 52/2013 s. 4(a).
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S. 3(1) def. of accountable undertaking amended by No. 68/2009 s. 59(a).
"accountable undertaking" means an order referred to in section 360(1)(c) ;
"Adult Parole Board" means the Adult Parole Board established by section 61 of the Corrections Act 1986 ;
"age" means, in the absence of positive evidence as to age, apparent age;
S. 3(1) def. of appeal inserted by No. 68/2009 s. 59(d).
"appeal", in Part 5.4, includes application for leave to appeal;
S. 3(1) def. of appeal period inserted by No. 68/2009 s. 59(d).
"appeal period", in Part 5.4, means the period permitted by or under this Act or any other Act for commencing an appeal under Part 5.4 or, if a notice of appeal or notice of application for leave to appeal under Part 5.4 is filed within that period, the determination of the appeal;
S. 3(1) def. of appellant inserted by No. 68/2009 s. 59(d).
"appellant", in Part 5.4, includes an applicant for leave to appeal;
S. 3(1) def. of appellate court inserted by No. 68/2009 s. 59(d), substituted by No. 1/2022 s. 40.
"appellate court", in Part 5.4 means, as the case requires—
(a) the County Court; or
(b) if the court from which the appeal is made was constituted by the President, the Trial Division of the Supreme Court; or
(c) if the court from which the appeal is made was constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal;
"appropriate registrar" means the registrar at the proper venue of the Court;
"authorised officer" means a person authorised under section 194 ;
S. 3(1) def. of authorised person inserted by No. 7/2009 s. 428(1) (as amended by No. 68/2009 s. 54(n)).
"authorised person" means a person referred to in Schedule 3 to the Criminal Procedure Act 2009 ;
S. 3(1) def. of care amended by No. 61/2014 s. 4(3)(a).
"care", in relation to a child, means the daily care and control of the child, whether or not involving parental responsibility for the child;
S. 3(1) def. of care by Secretary order inserted by No. 61/2014 s. 4(2).
"care by Secretary order "means an order referred to in section 275(1)(d);
S. 3(1) def. of case plan amended by No. 6/2024 s. 64(1).
"case plan" means—
(a) in relation to the Secretary, a case plan as defined in section 166 ;
(b) in relation to a community service provider, a statement of any decision concerning a child to whom the community service is, or is to be, provided;
S. 3(1) def. of Category A serious youth offence inserted by No. 43/2017 s. 22, amended by Nos 32/2018 s. 112, 16/2020 s. 11.
"Category A serious youth offence" means any of the following offences—
(a) murder;
(b) attempted murder;
(c) manslaughter;
(d) child homicide;
(da) homicide by firearm;
(e) an offence against any of the following sections of the Crimes Act 1958 —
(i) section 15A (intentionally causing serious injury in circumstances of gross violence);
(ii) section 77B (aggravated home invasion);
(iii) section 79A (aggravated carjacking);
(iv) section 197A (arson causing death);
(v) section 318 (culpable driving causing death);
(f) an offence against any one of the following—
(i) section 4B of the Terrorism (Community Protection) Act 2003 ;
(ii) a
provision of Subdivision A of Division 72 of Chapter 4
of the Criminal
Code of the Commonwealth;
(iii) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;
(iv) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;
S. 3(1) def. of Category B serious youth offence inserted by No. 43/2017 s. 22, amended by Nos 32/2018 s. 111, 8/2019 s. 90(1).
"Category B serious youth offence" means an offence against any of the following sections of the Crimes Act 1958 —
(a) section 15B (recklessly causing serious injury in circumstances of gross violence);
(b) section 38 (rape);
(c) section 39 (rape by compelling sexual penetration);
(d) section 77A (home invasion);
(e) section 79 (carjacking);
S. 3(1) def. of central register amended by No. 48/2006 s. 3(a), repealed by No. 61/2014 s. 143.
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S. 3(1) def. of Chief Magistrate repealed by No. 16/2016 s. 186.
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S. 3(1) def. of child amended by Nos 52/2008 s. 234, 68/2008 s. 64, 68/2009 s. 59(b), 53/2010 s. 221(Sch. item 2.1(a)), 53/2016 s. 88(a), 33/2018 s. 3(b).
"child" means—
(a) in the case of a person who is alleged to have committed an offence, a person who at the time of the alleged commission of the offence was under the age of 18 years but of or above the age of 10 years but does not include any person who is of or above the age of 19 years when a proceeding for the offence is commenced in the Court; and
(aa) in the case of a proceeding under the Family Violence Protection Act 2008 , a person who is under the age of 18 years when an application is made under that Act; and
(ab) in the case of a proceeding under the Personal Safety Intervention Orders Act 2010 , a person who is under the age of 18 years when an application is made under that Act; and
(ac) in the case of an application for a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016 , a person who is under the age of 18 years when the application is made; and
(ad) in the case of a person in respect of whom a therapeutic treatment order or therapeutic treatment (placement) order may be made, a person who is of or above the age of 10 years and under the age of 18 years when the order is made; and
(ae) in the case of section 354A, a person who is of or above the age of 10 years and under the age of 18 years when the person appears as an accused in a criminal proceeding; and
(b) in any other case, a person who is under the age of 17 years or, if a protection order, a child protection order within the meaning of Schedule 1 or an interim order within the meaning of that Schedule continues in force in respect of him or her, a person who is under the age of 18 years;
"Children's Koori Court officer" means a person who—
(a) is employed under Part 3 of the Public Administration Act 2004 ; and
(b) exercises powers or performs functions in relation to the Koori Court (Criminal Division) of the Court;
S. 3(1) def. of Children's Neighbour-hood Justice officer inserted by No. 51/2006 s. 11(1).
"Children's Neighbourhood Justice officer" means a person who—
(a) is employed under Part 3 of the Public Administration Act 2004 ; and
(b) exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court;
S. 3(1) def. of community-based child and family service substituted by No. 6/2024 s. 64(2).
"community-based child and family service "means a community-based child and family service within the meaning of regulations made under the Social Services Regulation Act 2021 that is provided by a person who is registered under Part 3 of that Act to provide that service;
S. 3(1) def. of community service amended by No. 29/2014 s. 4(a), substituted by No. 6/2024 s. 64(3).
"community service" means any of the following—
(a) a community service established under section 44(1)(a)(i) that is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that community service;
(b) a community-based child and family service;
(c) an out of home care service;
(d) a secure welfare service;
S. 3(1) def. of contact inserted by No. 52/2013 s. 4(c), amended by No. 61/2014 s. 4(3)(b).
"contact" (unless the context otherwise requires) means the contact of a child with a person who does not have care of the child by way of—
(a) a visit by or to that person, including attendance for a period of time at a place other than the child's usual place of residence; or
(b) communication with that person by letter, telephone or other means—
and includes overnight contact;
S. 3(1) def. of conviction inserted by No. 68/2009 s. 59(d).
"conviction", in Part 5.4, includes a finding of guilt by the Court, whether or not a conviction is recorded;
"Court" means The Children's Court of Victoria;
"court liaison officer" means a court liaison officer appointed under section 545;
S. 3(1) def. of court official amended by No. 34/2010 s. 36(2)(a).
"court official" means—
(a) the principal registrar of the Court; or
(b) a registrar or deputy registrar of the Court; or
(c) a court liaison officer; or
(ca) a judicial registrar; or
(d) any person employed in any of the offices of the Court;
"court register" means the register kept under section 537;
"cultural plan" means a cultural plan prepared under section 176 ;
S. 3(1) defs of custody , custody to Secretary order , custody to third party order repealed by No. 61/2014 s. 4(1).
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"decision-making process" means—
(a) in relation to the Secretary, means the process of decision-making by the Secretary concerning a child beginning when the Secretary receives a report under section 28, 33(2), 183, 184 or 185;
(b) in relation to a community based child and family service, means the process of decision-making by the service concerning a child beginning when the service receives a referral under section 31;
"Department" means the Department of Human Services;
S. 3(1) def. of designated place inserted by No. 45/2017 s. 3.
"designated place" has the same meaning as in the Victoria Police Act 2013 ;
"development" means physical, social, emotional, intellectual, cultural and spiritual development;
disposition report means a report referred to in section 557 ;
"Division" means Division of the Court;
S. 3(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 6.1), amended by No. 4/2009 s. 37(Sch. 1 item 4.1).
"domestic partner "of a person means—
(a) a person who is in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of DPP inserted by No. 7/2009 s. 428(1) (as amended by No. 68/2009 s. 54(n)).
"DPP" has the same meaning as in the Criminal Procedure Act 2009 ;
S. 3(1) def. of emergency care inserted by No. 52/2013 s. 4(d).
"emergency care" means placement in accordance with section 242(5) or 247A(4);
"employee" means a person employed under Part 3 of the Public Administration Act 2004 in the Department;
"extension application" means an application under section 293 for an extension or further extension of a protection order;
S. 3(1) def. of family preservation order inserted by No. 61/2014 s. 4(2).
"family preservation order "means an order referred to in section 275(1)(b);
S. 3(1) def. of family reunification order inserted by No. 61/2014 s. 4(2).
"family reunification order "means an order referred to in section 275(1)(c);
"fine" includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined;
"Fund" means the State Guardianship Fund established under section 177;
"group conference" means a group conference under section 415 ;
"group conference outcome plan" means an outcome plan included in a group conference report;
"group conference report" means a report referred to in Division 7 of Part 7.8;
S. 3(1) defs of guardianship , guardianship to Secretary order repealed by No. 61/2014 s. 4(1).
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"hearing date", in relation to a proceeding, means the date on which the proceeding is listed for hearing;
S. 3(1) def. of homeless person inserted by No. 51/2006 s. 11(1).
"homeless person" means—
(a) a person living in—
(i) crisis accommodation; or
(ii) transitional accommodation; or
(iii) any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or
(b) a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth;
S. 3(1) def. of information holder amended by Nos 97/2005 s. 182(Sch. 4
item 10.1(a)), 23/2006 s. 234(1), 24/2006 s. 6.1.2(Sch. 7 item
7.1(a)), 13/2010 s. 51(Sch. item 12.1), 80/2011 s. 79(Sch.
item 2.1), 19/2014 s. 89(1), 26/2014 s. 455(Sch.
item 2.1), 37/2014 s. 10(Sch. item 18.1(b)),
11/2018
s. 16 (as amended by No. 30/2019 s. 15), 19/2019
s. 254(2), 39/2022 s. 789(1).
"information holder" means—
(a) a police officer;
(b) an employee of the Department;
(c) an employee of another Department;
(ca) an information sharing entity within the meaning of the Child Wellbeing and Safety Act 2005 other than a person or body specified in section 41T of that Act (whether or not that person or body is exercising a judicial or quasi-judicial function);
(cb) a restricted information sharing entity within the meaning of the Child Wellbeing and Safety Act 2005 other than a person or body specified in section 41T of that Act (whether or not that person or body is exercising a judicial or quasi-judicial function);
(d) a person who is registered as a teacher or an early childhood teacher under the Education and Training Reform Act 2006 or has been granted permission to teach under that Act;
(e) the head teacher or principal of a State school within the meaning of the Education Act 1958 or of a school registered under Part III of that Act;
(f) a person in charge of a relevant health service within the meaning of section 141 of the Health Services Act 1988 ;
(g) a person in charge of a mental health and wellbeing service provider within the meaning of section 3(1) of the Mental Health and Wellbeing Act 2022 ;
(h) a registered medical practitioner;
(i) a registered psychologist;
(j) a nurse;
(ja) a midwife;
(k) a person in charge of a children's service within the meaning of the Children's Services Act 1996 ;
(ka) a person in charge of an education and care service within the meaning of the Education and Care Services National Law (Victoria);
(l) the person in charge of a body that receives funding from the Secretary under a State contract to provide disability services to a child with a disability within the meaning of the Disability Act 2006 ;
(la) the person in charge of an NDIS provider or registered NDIS provider;
(m) the person in charge of a body that receives funding from the Secretary under a State contract to provide drug or alcohol treatment services;
(n) any person in a prescribed class of persons;
S. 3(1) def. of information system inserted by No. 26/2023 s. 34(1).
"information system" has the same meaning as in the Electronic Transactions (Victoria) Act 2000 ;
"interim accommodation order" means an order under section 262 ;
S. 3(1) def. of interim protection order repealed by No. 61/2014 s. 4(1).
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"interpreter" means—
(a) an interpreter accredited with the National Accreditation Authority for Translators and Interpreters Limited A.C.N. 008 596 996; or
(b) a competent interpreter;
"irreconcilable difference application" means an application under section 259;
S. 3(1) def. of judicial registrar inserted by No. 34/2010 s. 36(1).
"judicial registrar" means a judicial registrar of the Court appointed under Part 7.6A;
S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 16, amended by Nos 34/2010 s. 36(2)(b), 52/2013 s. 4(e).
"judicial resolution conference "means a resolution process in the Family Division of the Court presided over by the President or a magistrate or a judicial registrar for the purposes of negotiating a settlement of a dispute—
(a) including, but not limited to—
(i) mediation; or
(ii) early neutral evaluation;
(iii) settlement conference;
(iv) conciliation;
(b) other than a conciliation conference under section 217;
S. 3(1) def of legal practitioner amended by No. 17/2014 s. 160(Sch. 2 item 14.1).
"legal practitioner" means an Australian legal practitioner;
"legal representation" means representation by a legal practitioner;
S. 3(1) def. of long-term care order inserted by No. 61/2014 s. 4(2).
"long-term care order" means an order referred to in section 275(1)(e);
S. 3(1) def. of long-term guardianship to Secretary order repealed by No. 61/2014 s. 4(1).
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S. 3(1) def. of magistrate amended by Nos 5/2013 s. 48(2), 63/2013 s. 52.
"magistrate" means a magistrate for the Court and includes a reserve magistrate engaged under section 9C of the Magistrates' Court Act 1989 to undertake the duties of a magistrate and assigned to be a magistrate of the Court under section 507 and a person who was formerly the President who is acting under section 12H of the County Court Act 1958 ;
S. 3(1) def. of major long-term issue inserted by No. 61/2014 s. 171, amended by No. 30/2019 s. 3(1)(b).
"major long-term issue", in relation to a child, means an issue about the care, wellbeing and development of the child that is of a long-term nature and includes an issue of that nature about—
(a) the child's education (both current or future); and
(b) the child's religious and cultural upbringing; and
(c) the child's health (but does not include routine medical care, for example immunisation on the recommendation of a registered medical practitioner, nurse, midwife or pharmacist in the lawful practice of their profession); and
(d) the child's name;
"medical examination" includes—
(a) physical examination, psychological examination and psychiatric examination; and
(b) in the course of the examination, the taking of samples for analysis and the use of any machine or device to enable or assist in the examination;
S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 12.3).
"midwife "means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b) in the register of midwives kept for that profession;
S. 3(1) def. of NDIS provider inserted by No. 19/2019 s. 254(1).
"NDIS provider" has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;
S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 12.3).
"nurse "means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
S. 3(1) def. of offence involving an assault inserted by No. 43/2017 s. 41(1).
"offence involving an assault" means an offence against any of the following sections of the Crimes Act 1958 —
(a) section 15A (intentionally causing serious injury in circumstances of gross violence);
(b) section 15B (recklessly causing serious injury in circumstances of gross violence);
(c) section 16 (intentionally causing serious injury);
(d) section 17 (recklessly causing serious injury);
(e) section 18 (intentionally or recklessly causing serious injury);
S. 3(1) def. of offence involving property damage inserted by No. 43/2017 s. 41(1).
"offence involving property damage" means—
(a) an offence against section 197 of the Crimes Act 1958 (criminal damage); or
(b) an offence against section 9(1)(c) of the Summary Offences Act 1966 (wilful damage);
"order", in relation to the Criminal Division, includes judgment and conviction;
"out of home care" means care of a child by a person other than a parent of the child;
S. 3(1) def. of out of home care service substituted by No. 6/2024 s. 64(4).
"out of home care service" means a social service that—
(a) is either—
(i) an out of home care service within the meaning of regulations made under the Social Services Regulation Act 2021 ; or
(ii) an out of home care service established under section 44(1)(a)(ia); and
(b) is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that service;
S. 3(1) def. of parent amended by No. 61/2014 s. 4(4).
"parent", in relation to a child, includes—
(a) the father and mother of the child; and
(b) the spouse of the father or mother of the child; and
(c) the domestic partner of the father or mother of the child; and
(d) any person who has parental responsibility for the child, other than the Secretary; and
(e) a person whose name is entered as the father of the child in the register of births in the Register maintained by the Registrar of Births, Deaths and Marriages under Part 7 of the Births, Deaths and Marriages Registration Act 1996 ; and
(f) a person who acknowledges that he is the father of the child by an instrument of the kind described in section 8(2) of the Status of Children Act 1974 ; and
(g) a person in respect of whom a court has made a declaration or a finding or order that the person is the father of the child;
S. 3(1) def. of parental responsibility inserted by No. 61/2014 s. 4(2).
"parental responsibility", in relation to a child, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to children;
"parole order" means an order under Division 4 or 5 of Part 5.5;
"parole period" means the period from a person's release on parole until the end of the period of his or her detention;
"period", in relation to detention, includes the aggregate of two or more periods, whether cumulative or concurrent;
"permanent care order" means an order under section 321 ;
S. 3(1) def. of person in religious ministry inserted by No. 30/2019 s. 3(2).
"person in religious ministry" means a person appointed, ordained or otherwise recognised as a religious or spiritual leader in a religious institution;
Examples
Church elder, deacon, granthi, imam, religious minister, monk, nun, pastor, priest, pujari, rabbi, religious brother or sister and Salvation Army officer.
S. 3(1) def. of pharmacist inserted by No. 30/2019 s. 3(1)(a).
"pharmacist "means a person registered under the Health Practitioner Regulation National Law to practice in the pharmacy profession as a pharmacist (other than as a student);
"police gaol" has the same meaning as in the Corrections Act 1986 ;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 18.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of post-secondary qualification amended by No. 24/2006 s. 6.1.2(Sch. 7 item 7.1(b)).
"post-secondary qualification" means a qualification from an institution, person or body providing or offering to provide (whether in or outside Victoria) post‑secondary education as defined in the Education and Training Reform Act 2006 (whether or not that institution, person or body has since ceased to exist) and includes a qualification from a post‑secondary education provider as defined in that Act;
"pre-sentence report" means a report referred to in Division 6 of Part 7.8;
S. 3(1) def. of President inserted by No. 68/2009 s. 59(d).
"President" means the President appointed under section 508 and includes the Acting President appointed under section 509;
S. 3(1) def. of principal officer inserted by No. 57/2015 s. 4.
"principal officer", in relation to an Aboriginal agency, means the chief executive officer (by whatever name called) of the Aboriginal agency;
"prison" has the same meaning as in the Corrections Act 1986 ;
"proceeding" means any matter in the Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as registrar under Schedule 3;
"process" includes witness summons, charge-sheet, summons to answer to a charge, warrant to arrest, remand warrant, search warrant, warrant to seize property, warrant to imprison, warrant to detain in a youth residential centre or a youth justice centre, warrant of delivery and any process by which a proceeding in the Court is commenced;
"progress report" means a report prepared under section 385, 391, 404 or 409(5)(a);
S. 3(1) def. of proper venue amended by Nos 51/2006 s. 11(2), 52/2008
s. 235, 53/2010 s. 221(Sch.
item 2.1
(b)–(d)), 53/2016 s. 88(b)(c), 47/2021 s. 25(1),
26/2023 s. 34(2).
"proper venue"—
(a) in relation to a proceeding in the Family Division (other than a proceeding under the Family Violence Protection Act 2008 , the National Domestic Violence Order Scheme Act 2016 , the Personal Safety Intervention Orders Act 2010 or Part 4A of the Terrorism (Community Protection) Act 2003 ), means the venue of the Court that is nearest to—
(i) the place of residence of the child; or
(ii) the place where the subject-matter of the application arose; and
(b) in relation to a proceeding in the Criminal Division (other than a proceeding under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010 ), means the venue of the Court that is nearest to—
(i) the place of residence of the child; or
(ii) the place where the offence is alleged to have been committed; and
(c) in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction, means—
(i) a venue of the Court determined in accordance with paragraph (a) or (b); or
(ii) a venue of the Court at which the Neighbourhood Justice Division may sit and act; and
(d) in relation to a proceeding brought under the Family Violence Protection Act 2008 or the National Domestic Violence Order Scheme Act 2016 means—
(i) the venue of the Court determined in accordance with paragraph (c); or
(ii) the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—
(A) the safety of the parties;
(B) the need to prevent disclosure of a party's whereabouts;
(C) the ability of the parties to attend a particular venue of the Court, taking into account their places of work, residence or any childcare requirements;
(D) the availability of family violence support services at particular venues of the Court;
(E) the need to manage case flow;
(F) any other considerations the Court thinks relevant;
(e) in relation to a proceeding brought under the Personal Safety Intervention Orders Act 2010 means—
(i) the venue of the Court determined in accordance with paragraph (c); or
(ii) the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—
(A) the safety of the parties;
(B) the need to prevent disclosure of a party's whereabouts;
(C) the ability of the parties to attend a particular venue of the Court, taking into account their places of work, residence or any childcare requirements;
(D) the availability of mediation assessment services at particular venues of the Court;
(E) the need to manage case flow;
(F) any other considerations the Court thinks relevant;
(f) in relation to a proceeding brought under Part 4A of the Terrorism (Community Protection) Act 2003 , means the venue of the Court as determined by or under a practice note issued under section 592, or, if no such practice note is in force—
(i) the venue of the Court that is nearest to the place of residence of the child; or
(ii) the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—
(A) the administrative and other facilities available at particular venues of the Court;
(B) the ability of the parties to attend a particular venue of the Court, taking into account the respondent's (or supported person's) place of work, residence and any childcare requirements;
(C) the need to manage case flow;
(D) any other considerations the Court thinks relevant;
"protection application" means an application made to the Court for a finding that a child is in need of protection;
"protection order" means an order referred to in section 275(1) ;
"protection report" means a report referred to in Division 2 of Part 7.8;
"protective intervener" means a person referred to in section 181 ;
S. 3(1) def. of protective intervention report amended by No. 37/2014 s. 10(Sch. item 18.1(c)).
"protective intervention report" means—
(a) a report to a police officer as a protective intervener under section 183 ; or
(b) a report to the Secretary under section 183 or 184 that the Secretary has determined under section 187 to be a protective intervention report; or
(c) a report to the Secretary under section 28 or 33(2) that the Secretary has determined under section 34 to be a protective intervention report;
S. 3(1) def. of protective services officer inserted by No. 37/2014 s. 10(Sch. item 18.1(a)).
protective services officer has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of publish substituted by No. 1/2016 s. 19.
"publish" has the same meaning as in the Open Courts Act 2013 ;
S. 3(1) def. of recognition principles inserted by No. 17/2023 s. 3(1).
"recognition principles" means the principles set out in section 7E;
S. 3(1) def. of register of community services repealed by No. 17/2023 s. 40(b).
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S. 3(1) def. of register of out of home care services repealed by No. 6/2024 s. 64(6).
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S. 3(1) def. of registered community service repealed by No. 17/2023 s. 40(b).
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S. 3(1) def. of registered medical practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 10.1(b)), 13/2010 s. 51(Sch. item 12.2(a)).
"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 3(1) def. of registered NDIS provider inserted by No. 19/2019 s. 254(1).
"registered" NDIS provider has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;
S. 3(1) def. of registered out of home care service repealed by No. 6/2024 s. 64(6).
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S. 3(1) def. of registered psychologist substituted by Nos 97/2005 s. 182(Sch. 4 item 10.1(c)), 13/2010 s. 51(Sch. item 12.2(b)).
"registered psychologist "means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
S. 3(1) def. of registered social service provider inserted by No. 17/2023 s. 40(a).
"registered social service provider" has the same meaning as in section 3(1) of the Social Services Regulation Act 2021 ;
"relative", in relation to a child, means a grandparent, brother, sister, uncle or aunt of the child, whether of the whole blood or half-blood or by marriage, and whether or not the relationship depends on adoption of the child;
S. 3(1) def. of religious institution inserted by No. 30/2019 s. 3(2).
"religious institution" means an entity that—
(a) operates under the auspices of any faith; and
(b) provides activities, facilities, programs or services of any kind through which adults interact with children;
"remand centre" means a remand centre established under section 478(a) ;
S. 3(1) def. of reserve judge inserted by No. 5/2013 s. 48(1).
"reserve judge" has the same meaning as it has in the County Court Act 1958 ;
S. 3(1) def. of reserve magistrate inserted by No. 5/2013 s. 48(1).
"reserve magistrate" has the same meaning as it has in the Magistrates' Court Act 1989 ;
"return date", in relation to a proceeding, means any date on which the proceeding is listed before the Court;
S. 3(1) def. of safe custody repealed by No. 52/2013 s. 4(b).
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S. 3(1) def. of search warrant amended by No. 52/2013 s. 4(f).
"search warrant", means a warrant which authorises the person to whom it is directed—
(a) to break, enter and search any place where the person named or described in the warrant is suspected to be; and
(b) except in Division 1 of Part 4.8, to place in emergency care or arrest the person and—
(i) bring the person before a bail justice or the Court as soon as practicable to be dealt with according to law; or
(ii) release the person on an interim accommodation order in accordance with the endorsement on the warrant;
S. 3(1) def. of Secretary substituted by No. 29/2010 s. 13.
"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;
S. 3(1) def. of secure welfare service substituted by Nos 29/2014 s. 4(b), 6/2024 s. 64(5).
"secure welfare service "means a secure welfare service established under section 44(1)(a)(ii) that is provided by a person who is registered under Part 3 of the Social Services Regulation Act 2021 to provide that secure welfare service;
S. 3(1) def. of sentencing order amended by Nos 93/2005 s. 8, 7/2009 s. 428(2) (as amended by No. 68/2009 s. 54(n)), substituted as sentence by No. 68/2009 s. 59(c).
"sentence" includes—
(a) the recording of a conviction; and
(b) an order made under Part 5.3, other than—
(i) an order incidental to or preparatory to the making of the order; or
(ii) an order granting bail made under section 420; and
(c) an order made under section 11 of the Sex Offenders Registration Act 2004 ; and
(d) an order made under section 84S or 84T of the Road Safety Act 1986 ;
S. 3(1) def. of service agency amended by Nos 23/2006 s. 234(2), 26/2014 s. 455(Sch. item 2.2), 39/2022 s. 789(2).
"service agency" means—
(a) a Department established under the Public Administration Act 2004 ;
(b) a relevant health service within the meaning of section 141 of the Health Services Act 1988 ;
(c) a mental health and wellbeing service provider within the meaning of section 3(1) of the Mental Health and Wellbeing Act 2022 ;
(d) a body that receives funding from the Secretary under a State contract to provide disability services to a child with a disability within the meaning of the Disability Act 2006 ;
(e) a body that receives funding from the Secretary under a State contract to provide drug or alcohol treatment services;
(f) a prescribed body or a body in a prescribed class;
S. 3(1) def. of social service inserted by No. 17/2023 s. 40(a).
"social service" has the same meaning as in section 3(1) of the Social Services Regulation Act 2021 ;
"spouse" of a person means a person to whom the person is married;
S. 3(1) def. of stability plan repealed by No. 61/2014 s. 94.
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"State contract" means a contract entered into by or on behalf of the State;
S. 3(1) defs of supervised custody order, supervision order repealed by No. 61/2014 s. 4(1).
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"temporary assessment order" means an order referred to in section 231;
S. 3(1) def. of terrorism or foreign incursion offence inserted by No. 32/2018 s. 100.
"terrorism or foreign incursion offence" means an offence against—
(a) section 4B of the Terrorism (Community Protection) Act 2003 ; or
(b) a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003 ; or
(c) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or
(d) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or
(e) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;
S. 3(1) def. of terrorism record inserted by No. 32/2018 s. 100.
terrorism record has the meaning given in section 3A;
S. 3(1) def. of terrorism-related order inserted by No. 32/2018 s. 100.
"terrorism-related order" means—
(a) a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or
(b) a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or
(c) an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or
(d) a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ; or
(e) a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ; or
(f) an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ;
S. 3(1) def. of terrorism risk information inserted by No. 32/2018 s. 100.
terrorism risk information has the meaning given in section 3B ;
S. 3(1) def. of terrorist act inserted by No. 32/2018 s. 100.
"terrorist act" has the same meaning as in the Terrorism (Community Protection) Act 2003 ;
S. 3(1) def. of terrorist organisation inserted by No. 32/2018 s. 100.
"terrorist organisation" has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;
"therapeutic treatment application report" means a report referred to in Division 4 of Part 7.8;
"Therapeutic Treatment Board" means the Therapeutic Treatment Board established under section 339;
"therapeutic treatment order" means an order referred to in section 249;
"therapeutic treatment (placement) order" means an order referred to in section 253;
S. 3(1) def. of therapeutic treatment (placement) order report substituted as therapeutic treatment (placement) report by No. 61/2014 s. 138.
"therapeutic treatment (placement) report" means a report referred to in Division 5 of Part 7.8;
S. 3(1) def. of therapeutic treatment plan inserted by No. 33/2018 s. 3(a).
therapeutic treatment plan has the meaning given in section 169A ;
S. 3(1) def. of victim amended by No. 18/2010 s. 3.
"victim", in relation to an offence, means a person who, or body that, has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence, whether or not that injury, loss or damage was reasonably foreseeable by the child found guilty of the offence;
"working day", in relation to the Court, means a day on which the offices of the Court are open;
"youth attendance order" means an order made under section 397 ;
S. 3(1) def. of youth control order inserted by No. 43/2017 s. 9.
"youth control order "means an order made under section 409B ;
S. 3(1) def. of youth control order plan inserted by No. 43/2017 s. 9.
"youth control order plan "means a plan referred to in section 409C(d) ;
S. 3(1) def. of youth control order planning meeting inserted by No. 43/2017 s. 9.
"youth control order planning meeting "means a meeting ordered under section 409D;
S. 3(1) def. of youth control order planning meeting report inserted by No. 43/2017 s. 9.
youth control order planning meeting report means a report prepared under section 409V;
"youth justice centre" means a youth justice centre established under section 478(c);
"youth justice centre order" means an order referred to in section 360(1)(j);
S. 3(1) def. of youth justice custodial worker inserted by No. 43/2017 s. 41(1).
"youth justice custodial worker" means a person—
(a) who is employed or engaged by the Secretary to the Department of Justice and Regulation in a remand centre, a youth residential centre or a youth justice centre; and
(b) whose duties include duties in relation to detainees in the custody of the Secretary;
"youth justice officer" includes the Secretary, and every honorary youth justice officer;
"youth justice unit" means—
(a) a youth justice unit established under section 478(d); or
(b) a youth justice unit approved under section 479(1);
S. 3(1) def. of Youth Parole Board amended by No. 48/2006 s. 3(b).
"Youth Parole Board" means the Youth Parole Board referred to in section 442;
"youth parole officer" includes an honorary youth parole officer;
S. 3(1) def. of Youth Residential Board amended by No. 48/2006 s. 3(c), repealed by No. 61/2014 s. 104.
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"youth residential centre" means a youth residential centre established under section 478(b);
"youth residential centre order" means an order referred to in section 360(1)(i);
"youth supervision order" means an order referred to in section 360(1)(g).
S. 3(2) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 6.2).
(2) For the purposes of the definition of domestic partner in subsection (1)—
S. 3(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 4.2(a)).
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
S. 3(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 4.2(b)).
(b) in determining whether persons who are not in a registered domestic 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.
(3) If under the Public Administration Act 2004 the name of the Department is changed, the reference in the definition of Department in subsection (1) to the "Department of Human Services" is from the date when the name is changed to be taken to be a reference to the Department by its new name.
S. 3(4) amended by No. 51/2006 s. 11(3).
(4) Unless the context otherwise requires, a reference in this Act to the Criminal Division includes a reference to the Koori Court (Criminal Division) and the Neighbourhood Justice Division.
S. 3(5) inserted by No. 43/2017 s. 41(2).
(5) For the purposes of the definition of youth justice custodial worker in subsection (1), a youth justice custodial worker is on duty at any time when the youth justice custodial worker is performing a function or exercising a power as a youth justice custodial worker.
S. 3A inserted by No. 32/2018 s. 101.