Meaning of affected victim and personal harm
38 Meaning of affected victim and personal harm
An affected victim is a person who suffers personal harm—
because a relevant offence is committed against the person; or
because the person is a family member or dependant of another person who suffers personal harm or dies because a relevant offence is committed against the other person; or
as a direct result of intervening to help another person who suffers personal harm or dies because a relevant offence is committed against the other person.
Subsection (3) applies if an affected victim mentioned in subsection (1)(a) is pregnant when the relevant offence is committed and, as a result of the commission of the relevant offence—
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.
An affected victim includes a person who has suffered personal harm because the person would, if the unborn child had been born alive, have been a family member of the child.
Also, an affected victim includes a person not mentioned in subsection (1) or (3) who suffers personal 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 person who commits a relevant offence or domestic violence against a person as mentioned in subsection (1)(a) or (4)(a) is not an affected victim under subsection (1)(b) or (c), (3) or (4)(b) or (c).
For this section, a person suffers personal harm if, because of a relevant offence or domestic violence committed against the person, the person suffers physical, psychological or emotional harm.Examples for subsection (6)—
bodily injury, grief, distress or trauma
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