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INDUSTRIAL RELATIONS ACT 1996 - SECT 72AB

Definitions

72AB Definitions

(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.



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