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EVIDENCE ACT 1977 - SECT 21AC

Definitions for div 4A

21AC Definitions for div 4A

In this division—

"affected child" means a child who is a witness in a relevant proceeding and who is not a defendant in the proceeding.

"child" see section 21AD .

"civil proceeding arising from the commission of a relevant offence" does not include a proceeding for a domestic violence order under the Domestic and Family Violence Protection Act 2012 .

"counsel" includes solicitor.

"cultural recognition order" see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020 , schedule 1 .

"defendant" means—

(a) in a criminal proceeding—a person charged with an offence; or
(b) in a civil proceeding arising from the commission of a relevant offence—a person whose act or omission is complained of.

"offence involving violence" means an offence against any of the following provisions of the Criminal Code —
• a provision of chapter 28 or 28A
• a provision of chapter 29 other than section 317A , 318 , 319 , 319A , 321 , 321A , 327 , 329 , 330 , 333 or 334
• sections 335 , 339 , 340 , 354 , 354A and 355
• a provision of chapter 33A
• sections 363 , 363A and 364 .

"offence of a sexual nature" means an offence against any of the following provisions of the Criminal Code —
• a provision of chapter 22
• a provision of chapter 32 .

"parentage order relationship" means a relationship arising because of—
(a) a parentage order under the Surrogacy Act 2010 ; or
(b) an order of another Australian jurisdiction that corresponds to a parentage order made under that Act.

"preliminary hearing" means a hearing under section 21AK .

"prescribed relationship" , between a child who is a witness in a proceeding and a defendant in the proceeding, means any of the following—
(a) a relationship, regardless of whether it is a half, adoptive, step, parentage order or cultural recognition order relationship, where the defendant is—
(i) a parent of the child; or
(ii) a grandparent of the child; or
(iii) a brother or sister of the child; or
(iv) an uncle, aunt, nephew, niece or cousin of the child;
(b) a relationship arising because, at the time of the alleged offence with which the defendant is charged, the defendant lived in the same household as the child;
(c) a relationship arising because the defendant had the care of, or exercised authority over, the child in a household on a regular basis.

"proceeding" means any civil or criminal proceeding, including a preliminary hearing.

"relevant offence" , in relation to a proceeding, means—
(a) an offence of a sexual nature; or
(b) an offence involving violence, if there is a prescribed relationship between a child who is a witness in the proceeding and a defendant in the proceeding.

"relevant proceeding" means—
(a) a criminal proceeding for a relevant offence, whether or not the proceeding also relates to other offences; or
(b) a civil proceeding arising from the commission of a relevant offence.

"step relationship" includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.


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