72AB

Definitions

In force

(1)

In this Part—

court proceedings means proceedings before a court against a person charged with a violent crime, including—

(a)

committal proceedings, and

(b)

sentencing proceedings, and

(c)

proceedings on appeal, and

(d)

proceedings on a back up offence or related offence (as defined in section 35 of the Criminal Procedure Act 1986) in relation to the alleged violent crime, and

(e)

any other proceedings prescribed by the regulations.

harm means actual physical bodily harm, mental illness or nervous shock.

victim of crime means a person—

(a)

who suffers harm as a direct result of an act committed, or apparently committed, by another person in the course of an alleged violent crime, or

(b)

who is the parent, grandparent or guardian of a child who suffers such harm (but only if the child is under the age of 18 years at the time victims leave is taken), or

(c)

who is a member of the immediate family of a person who dies as a direct result of an act committed, or apparently committed, by another person in the course of an alleged violent crime.

victims leave means leave under this Part.

violent crime means a serious indictable offence involving violence (including sexual assault or sexual touching).

Note.

The Interpretation Act 1987 defines a serious indictable offence as an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.

(2)

A member of the immediate family of a person is—

(a)

the person’s spouse, or

(b)

the person’s de facto partner, or

(c)

a parent or guardian, or step-parent, of the person, or

(d)

a grandparent or step-grandparent of the person (a step-grandparent being a step-parent of a parent of the person), or

(e)

a child or step-child of the person or some other child of whom the person is the guardian, or

(f)

a grandchild or step-grandchild of the person (a step-grandchild being a step-child of a child of the person), or

(g)

a brother, sister, step-brother or step-sister of the person.

Regulations

This provision refers to the regulations (prescribed by the regulations). Made under this Act:

This Act’s bill:Explanatory memorandum Second reading speech

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