Meaning of domestic or family violence incident—pt 3A
16C Meaning of domestic or family violence incident—pt 3A
In this part:
domestic or family violence incident means an incident resulting in the death of, or serious harm to, a person that occurs—
in circumstances involving family violence; and
either—
in the ACT; or
if the incident involves a person who lived in the ACT at the time of the incident—outside of the ACT.
For this section, an incident occurs in circumstances involving family violence if—
if the death of, or serious harm to, a person (an affected person) resulting from the incident was caused by another person (the perpetrator)—
the affected person was, or had been, in a relevant relationship with the perpetrator that involved family violence; or
at the time of the incident, the affected person was in a relevant relationship with a person who was, or had been, in a relevant relationship with the perpetrator that involved family violence; or
at the time of the incident, the perpetrator mistakenly believed the affected person was in a relevant relationship with a person who was, or had been, in a relevant relationship with the perpetrator that involved family violence; or
at the time of the incident, the affected person was a witness to, present at, or attempted to intervene in, an incident of family violence between the perpetrator and a person who was, or had been, in a relevant relationship with the second person; or
at the time of the incident, the affected person was a witness to, present at, or attempted to intervene in violence between the perpetrator and a person who the perpetrator mistakenly believed was in a relevant relationship with a person who was, or had been, in a relevant relationship with the perpetrator that involved family violence; or
if the incident results in a person dying by suicide—the person was, or had been, in a relevant relationship with another person that involved family violence; or
if the incident results in a person seriously harming themself—the person was, or had been, in a relevant relationship with another person that involved family violence; or
if the incident results in a person dying or being seriously harmed in another way—the incident occurred in other circumstances for which family violence was a contributing factor.
In this section:
family member—see the Family Violence Act 2016, section 9.
relevant relationship, of a person with another person, means the person was, or has been, a family member of the other person.
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