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MENTAL HEALTH ACT 2016 - SCHEDULE 3

SCHEDULE 3 – Dictionary


"administrator"

(a) of an authorised mental health service—means the person appointed under section 332 as the administrator of the service; or
(b) of the forensic disability service—means the administrator of the service under the Forensic Disability Act .

"administrator consent" , for chapter 3 , see section 62 .

"advance health directive" means an advance health directive under the Powers of Attorney Act 1998 .

"ambulance officer" means an ambulance officer appointed under the Ambulance Service Act 1991 , section 13 .

"applicant review"
(a) of a treatment authority, for chapter 12 , part 2 —see section 413 (2) ; or
(b) of a forensic order (mental health) or forensic order (disability), for chapter 12 , part 3 —see section 433 (2) ; or
(c) of a treatment support order, for chapter 12 , part 5 —see section 465 (2) .

"applicant’s nominee" , for chapter 10 , part 6 , see section 318 (2) (b) .

"appointed person" , for chapter 16 , part 1 , division 9 , see section 677 .

"approved device" see section 243 .

"approved form" means a form approved under section 798 .

"assessment" , of a person, means an assessment of the person under—
(a) chapter 2 , part 3 ; or
(b) chapter 7 .

"assessment period" , for a person, see section 45 (4) .

"assisting clinician" see section 652 (1) .

"associated offence" see section 107 .

"attendance notice" , for chapter 16 , part 2 , see section 744 (1) .

"attorney" , of a person, means—
(a) an attorney appointed by the person under an advance health directive; or
(b) an attorney appointed by the person under an enduring power of attorney for a personal matter.

"audiovisual link" means facilities that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.

"authorised doctor" means—
(a) a doctor appointed as an authorised doctor under section 338 ; or
(b) an administrator of an authorised mental health service to whom section 339 applies; or
(c) for a particular function or power that a class of health practitioners is authorised to perform or exercise under section 341 —a health practitioner of the class who is appointed under section 341 .

"authorised mental health practitioner" means a health practitioner appointed as an authorised mental health practitioner under section 340 .

"authorised mental health service" means—
(a) a health service, or part of a health service, declared to be an authorised mental health service under section 329 ; or
(b) an authorised mental health service (rural and remote); or
(c) a high security unit.

"authorised mental health service (rural and remote)" means an authorised mental health service, or part of an authorised mental health service, declared to be an authorised mental health service (rural and remote) under section 331 .

"authorised person" see section 359 .

"authorised psychiatrist" means an authorised doctor who is a psychiatrist.

"authorised security officer" see section 384 .

"brief of evidence" means—
(a) a brief of evidence compiled by the prosecuting authority for an offence that includes any of the following—
(i) an indictment or bench charge sheets;
(ii) summaries or particulars of allegations;
(iii) witness statements;
(iv) exhibits or photographs of exhibits;
(v) transcripts of proceedings;
(vi) a record of interview or transcript of a record of interview;
(vii) a person’s criminal history; or
(b) an expert’s report or a person’s health record.

"capacity" , to consent to be treated, see section 14 .

"care" , in relation to a person who has an intellectual disability, includes the provision of rehabilitation, the development of living skills, and the giving of support, assistance, information and other services.

"carer" means an individual who provides, in a non-contractual and unpaid capacity, ongoing care or assistance to another person who, because of disability, frailty, chronic illness or pain, requires assistance with everyday tasks.

"category" , of a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order, means—
(a) inpatient; or
(b) community.

"chief executive (forensic disability)" means the chief executive of the department in which the Forensic Disability Act is administered.

"chief executive (justice)" means the chief executive of the department in which the Criminal Code is administered.

"chief executive (youth justice)" means the chief executive of the department in which the Youth Justice Act 1992 is administered.

"chief psychiatrist" means the person appointed as the chief psychiatrist under section 298 .

"classified patient" see section 64 (1) .

"classified patient (involuntary)" see section 64 (2) .

"classified patient (voluntary)" see section 64 (3) .

"close relative" , of a person, means—
(a) the person’s spouse; or
(b) a child, grandchild, parent, brother, sister, grandparent, aunt or uncle (whether of whole or half-blood) of the person or the person’s spouse.

"community" means—
(a) in relation to the category of a treatment authority, forensic order (mental health) or treatment support order—the person subject to the authority or order may live in the community while receiving treatment and care; or
(b) in relation to the category of a forensic order (disability)—the person subject to the order may live in the community while receiving care.

"condition"
1
"Condition" , generally, does not include a condition requiring a person to wear a tracking device.
2 However, for the following sections and without limitation,
"condition" includes a condition requiring a person to wear a tracking device—
(a) sections 135 , 139 and 140 ;
(b) sections 445 to 447 ;
(c) section 135 , as applied by sections 457 , 462 , 518 and 547 .

"confidentiality order"
(a) for the Mental Health Court—see section 696 (1) ; or
(b) for the tribunal—see section 722 (1) .

"contact" , a person, means—
(a) intentionally initiate contact with the person in any way, including, for example, by phone, mail, fax, email or other technology; or
(b) intentionally follow, loiter near, watch or approach the person; or
(c) intentionally loiter near, watch, approach or enter a place where the person lives, works or visits.

"corresponding law" means a law of another State that is prescribed by regulation to be a corresponding law.

"court"
(a) for chapter 6 , part 4 , see section 192 ; or
(b) for chapter 14 , see section 554 .

"court examination order" see section 668 (1) .

"court rules" means rules of court made under section 699 .

"criminal history" , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and—
(a) despite sections 6 , 8 and 9 of that Act, includes a conviction of the person to which any of the sections applies; and
(b) despite section 5 of that Act, includes a charge made against the person for an offence.

"custodian" , of a person in custody, means the person having the lawful custody of the person.

"custodian consent" , for chapter 3 , see section 62 .

"decision notice" , for chapter 13 , part 2 , see section 532 .

"deputy president" means the deputy president of the tribunal.

"designated person" , for chapter 17 , see section 776 .

"diminished responsibility" see section 108 .

"director of forensic disability" means the Director of Forensic Disability under the Forensic Disability Act .

"director of public prosecutions" means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .

"dual disability" , for a person, means the person has—
(a) a mental illness; and
(b) an intellectual disability.

"electroconvulsive therapy" means the application of electric current to specific areas of the head to produce a generalised seizure that is modified by general anaesthesia and the administration of a muscle relaxing agent for the treatment of a mental illness.

"electronic document" , for chapter 14 , see section 554 .

"emergency examination authority" see the Public Health Act 2005 , section 157D (1) .

"employ" includes engage on a contract for services.

"employee" , of an authorised mental health service that is a public sector mental health service, means a health service employee in the service.

"enduring power of attorney for a personal matter" means an enduring power of attorney for a personal matter within the meaning of the Powers of Attorney Act 1998 .

"examination authority" see section 502 (1) .

"examination order" see section 177 (2) .

"examination report" , for chapter 6 , part 2 , division 3 , see section 179 .

"examining practitioner" means—
(a) a psychiatrist; or
(b) a health practitioner other than a psychiatrist; or
(c) a person with expertise in the care of persons who have an intellectual disability.

"executive officer" , of the tribunal, means the person appointed as the executive officer mentioned in section 713 .

"expert’s report" see section 156 .

"finding of unfitness" , in relation to a person, see section 485 .

"Forensic Disability Act" means the Forensic Disability Act 2011 .

"forensic disability client" means a forensic disability client under the Forensic Disability Act .

"forensic disability service" means the forensic disability service under the Forensic Disability Act .

"forensic order" means—
(a) a forensic order (mental health); or
(b) a forensic order (disability); or
(c) a forensic order (Criminal Code).

"forensic order (Criminal Code)" means an order made under the Criminal Code , section 613 , 645 or 647 that a person be admitted to a stated authorised mental health service to be dealt with under this Act.

"forensic order (disability)" see section 134 (1) .

"forensic order (mental health)" see section 134 (1) .

"forensic patient" means a person subject to a forensic order.

"former owner" , for chapter 14 , see section 590 (1) .

"general power" , for chapter 14 , see section 577 (1) .

"general search" , for chapter 11 , part 7 , see section 384 .

"government entity" , for chapter 17 , see section 776 .

"harm" includes physical, psychological and emotional harm.

"harmful thing" means anything—
(a) that may be used to—
(i) threaten the security or good order of an authorised mental health service or public sector health service facility; or
(ii) threaten a person’s health or safety; or
(b) that, if used by a patient in an authorised mental health service or public sector health service facility, is likely to adversely affect the patient’s treatment or care.
Examples of harmful things—
• a dangerous drug
• alcohol
• medication
• provocative or offensive documents

"health practitioner" means a person registered under the Health Practitioner Regulation National Law , or another person who provides health services, including, for example, a social worker.

"health record" , for a person, means the person’s hospital record or another document recording the person’s health history, condition and treatment.

"health service" means a service for maintaining, improving and restoring people’s health and wellbeing, and includes a community health facility.

"health service chief executive" see the Hospital and Health Boards Act 2011 , schedule 2 .

"health service employee" see the Hospital and Health Boards Act 2011 , schedule 2 .

"help requirement" , for chapter 14 , see section 578 (1) .

"high security unit" means a public sector mental health service, or part of a public sector mental health service, declared to be a high security unit under section 330 .

"Hospital and Health Service" means a Hospital and Health Service established under the Hospital and Health Boards Act 2011 , section 17 .

"identity card" means—
(a) for an authorised doctor, authorised mental health practitioner or health practitioner appointed under section 341 to perform particular functions—an identity card issued under section 346 ; or
(b) for an authorised security officer—an identity card approved under section 406 ; or
(c) for an inspector—an identity card issued under section 560 .

"independent patient rights adviser" means a person appointed as an independent patient rights adviser under section 293 (2) .

"information notice"
(a) relating to a relevant patient—see section 317 ; or
(b) about a decision, for chapter 14 —see section 554 .

"information requirement" , for chapter 14 , see section 597 (3) .

"informed consent" , to a person’s treatment by regulated treatment, see section 233 .

"inpatient" means—
(a) in relation to the category of a treatment authority, forensic order (mental health) or treatment support order, the person subject to the authority or order—
(i) must be detained in an inpatient unit of an authorised mental health service while receiving treatment and care; and
(ii) may receive limited community treatment; or
(b) in relation to the category of a forensic order (disability), the person subject to the order—
(i) must be detained in an inpatient unit of an authorised mental health service, or in the forensic disability service, while receiving care; and
(ii) may receive limited community treatment.

"inpatient unit" , of an authorised mental health service, means a part of the service to which patients are admitted for treatment and care and discharged on a day other than the day of admission.

"inspector" see section 554 .

"intellectual disability" means—
(a) an intellectual disability within the meaning of the Forensic Disability Act ; or
(b) a cognitive disability within the meaning of the Forensic Disability Act .

"interested person" , for a person, means—
(a) the person’s nominated supported person; or
(b) another individual who has a sufficient interest in the person.

"internal review decision" , for chapter 14 , part 8 , see section 608 (1) (b) .

"interstate forensic order" , for chapter 12 , part 10 , division 1 , see section 513 .

"interstate mental health service" means a health service in another State that performs corresponding, or substantially corresponding, functions to an authorised mental health service.

"interstate transfer requirements"
(a) for chapter 12 , part 10 , division 1 , see section 513 ; or
(b) for chapter 12 , part 10 , division 2 , see section 521 .

"investigation report" , for chapter 10 , see section 309 (1) .

"involuntary patient" see section 11 .

"judicial order" means—
(a) a court examination order; or
(b) an examination order; or
(c) another order, requiring or permitting the detention of a person in an authorised mental health service, made by a court under any of the following—
(i) section 124 (1) (b) ;
(ii) section 183 (c) (ii) ;
(iii) section 193 (2) ;
(iv) section 544 (4) ;
(v) section 551 (4) (b) .

"less restrictive way" , for a person to receive treatment and care for the person’s mental illness, see section 13 .

"limited community treatment" means treatment and care of a person in the community, including in the grounds and buildings (other than an inpatient unit) of an authorised mental health service, for a period of not more than 7 consecutive days, that is authorised under this Act.

"mechanical restraint" see section 244 .

"medication" , for chapter 8 , part 5 , division 2 , see section 271 .

"member" , of the tribunal, means a member of the tribunal, and includes the president and deputy president.

"mental condition" includes a mental illness and an intellectual disability.

"mental illness" see section 10 .

"nominated support person" see section 223 (1) .

"non-ablative neurosurgical procedure" means a procedure on the brain, that does not involve deliberate damage to or removal of brain tissue, for the treatment of a mental illness.

"non-revocation period" , for a forensic order (mental health) or forensic order (disability), see section 137 (2) .

"notice event" , for chapter 3 , see section 81 (1) .

"occupier" , of a place, includes the following—
(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person who is an owner of the place.

"of" , a place, includes at or on the place.

"offence" , in relation to a reference, see section 106 .

"offence warning" , for chapter 14 , see section 554 .

"official" , for chapter 15 , part 4 , see section 624 .

"original decision" , for chapter 14 , part 8 , see section 608 (1) (a) .

"owner" , for chapter 14 , see section 554 .

"parent" , of a minor, includes—
(a) a guardian of the minor; and
(b) a person who exercises parental responsibility for the minor, other than a person standing in the place of a parent of the minor on a temporary basis; and
(c) for an Aboriginal minor—a person who, under Aboriginal tradition, is regarded as a parent of the minor; and
(d) for a Torres Strait Islander minor—a person who, under Island custom, is regarded as a parent of the minor.

"party"
(a) to an appeal—
(i) for chapter 13 , part 2 , see section 532 ; or
(ii) for chapter 13 , part 3 , see section 538 ; or
(b) to a proceeding, for chapter 16 , part 2 , see section 703 .

"patient"
(a) for chapter 8 —see section 243 ; or
(b) for chapter 9 —see section 276 ; or
(c) for chapter 10 —see section 297 .

"patient required to return" means a patient—
(a) in relation to whom a responsible person has given an authorisation or made a request under section 364 ; and
(b) who has not been transported under the authorisation or request, or come or returned voluntarily, to the service or facility.

"periodic review"
(a) of a treatment authority, for chapter 12 , part 2 —see section 413 (1) ; or
(b) of a forensic order (mental health) or forensic order (disability), for chapter 12 , part 3 —see section 433 (1) ; or
(c) of a treatment support order, for chapter 12 , part 5 —see section 465 (1) .

"personal details requirement" , for chapter 14 , see section 595 (5) .

"personal guardian" , of a person, means a guardian for a personal matter appointed by QCAT for the person under the Guardianship and Administration Act 2000 .

"personal information" , for chapter 17 , see section 776 .

"personal search" , for chapter 11 , part 7 , see section 384 .

"person in control" , for chapter 14 , see section 554 .

"person in custody" see section 63 .

"physical restraint" see section 268 .

"place" includes the following—
(a) premises;
(b) vacant land;
(c) a place in Queensland waters;
(d) a place held under more than 1 title or by more than 1 owner;
(e) the land or water where a building or structure, or a group of buildings or structures, is situated.

"place of custody" , for a person in custody, means the place at which the person is held in lawful custody under an Act of the State, other than this Act, or an Act of the Commonwealth.

"policy" means a policy made by the chief psychiatrist under section 273 or 305 .

"postal article" , for chapter 11 , part 7 , see section 384 .

"practice guideline" means a practice guideline made by the chief psychiatrist under section 305 .

"premises" includes—
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) a caravan or vehicle; and
(d) a cave or tent; and
(e) premises held under more than 1 title or by more than 1 owner.

"prescribed offence" means an offence against any of the following provisions of the Criminal Code
(a) section 302 (Definition of
"murder" ) and 305 (Punishment of murder);
(b) section 303 (Definition of
"manslaughter" ) and 310 (Punishment of manslaughter);
(c) section 306 (Attempt to murder);
(d) section 317 (Acts intended to cause grievous bodily harm and other malicious acts);
(e) section 320 (Grievous bodily harm);
(f) section 349 (Rape);
(g) section 350 (Attempt to commit rape);
(h) section 351 (Assault with intent to commit rape).

"president" means—
(a) for chapter 16 , part 1 —the president of the Mental Health Court; or
(b) for chapter 16 , part 2 —the president of the tribunal.

"presiding member" , of the tribunal for a proceeding, means the tribunal member who, under section 720 , is the presiding member of the tribunal for the proceeding.

"prosecuting authority" , for an offence, means the commissioner of the police service, director of public prosecutions or other entity responsible for prosecuting the proceeding for the offence.

"psychiatrist" means—
(a) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the speciality of psychiatry; or
(b) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession who is able to practise psychiatry as another type of registrant prescribed by regulation.

"psychiatrist report" see section 87 .

"psychosurgery" means a procedure on the brain, that involves deliberate damage to or removal of brain tissue, for the treatment of a mental illness.

"public guardian" means the public guardian under the Public Guardian Act 2014 .

"public place" means—
(a) a place, or part of the place—
(i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under subparagraph (i)—
a beach, a park, a road
(ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or
Examples of a place that may be a public place under subparagraph (ii)—
a saleyard, a showground
(b) a place that is a public place under another Act.

"public sector health service" see the Hospital and Health Boards Act 2011 , schedule 2 .

"public sector health service facility"
(a) means a public sector health service facility under the Hospital and Health Boards Act 2011 , schedule 2 ; and
(b) does not include an authorised mental health service.

"public sector mental health service" means an authorised mental health service that is a public sector health service.

"publish" means—
(a) publish to the public by way of television, newspaper, radio, the internet or other form of communication; and
(b) the public dissemination of information, including, for example, distributing information by leaflets in letterboxes, or announcing information at a meeting.

"purpose of limited community treatment" means the purpose of limited community treatment under section 16 .

"reasonable time of the day or night" , for chapter 9 , part 3 , see section 280 .

"reasonably suspects" , for chapter 14 , see section 554 .

"recommendation for assessment" , for a person, means a recommendation for assessment for the person made under section 39 .

"records system" , for chapter 7 , part 8 , see section 225 (1) .

"reduction and elimination plan" , for chapter 8 , see section 264 .

"reference" , in relation to a person, see section 106 .

"registrar" means the registrar of the Mental Health Court.

"registry" means the Mental Health Court Registry.

"regulated treatment" see section 232 .

"relevant circumstances" , of a person, means each of the following—
(a) the person’s mental state and psychiatric history;
(b) any intellectual disability of the person;
(c) the person’s social circumstances, including, for example, family and social support;
(d) the person’s response to treatment and care and the person’s willingness to receive appropriate treatment and care;
(e) if relevant, the person’s response to previous treatment in the community.

"relevant court" , for chapter 12 , part 6 , division 3 , see section 495 .

"relevant decision" , for chapter 18A , see section 800D (1) .

"relevant forensic patient" , for chapter 10 , part 5 , see section 311 .

"relevant offence"
(a) for chapter 12 , part 6 , division 2 , see section 489 ; or
(b) for chapter 12 , part 6 , division 3 , see section 494 .

"relevant patient"
(a) for chapter 8 , see section 243 ; or
(b) for chapter 10 , part 6 and schedule 1 , see section 317 .

"relevant person" , for chapter 16 , part 2 , division 6 , subdivision 2 , see section 728 (1) (a) and (2) (a) .

"relevant service" , for chapter 16 , part 1 , division 9 , see section 672 .

"relevant unlawful act"
(a) in relation to a reference—see section 129 ; or
(b) in relation to a forensic order (mental health), forensic order (disability), forensic order (Criminal Code) or treatment support order, means the unlawful act that led to the making of—
(i) the order; or
(ii) a forensic order that ended or was revoked on the making of the order mentioned in subparagraph (i) ; or
(iii) a forensic order that ended or was revoked on the making of the order mentioned in subparagraph (ii) .
Notes—
1 See section 461 for the making of a forensic order (mental health) or forensic order (disability) for a person subject to a forensic order (Criminal Code).
2 See section 457 for the making of a forensic order (disability) on the revocation of a forensic order (mental health).
3 See section 450 for the making of a treatment support order on the revocation of forensic order (mental health).

"remote conferencing" means—
(a) teleconferencing; or
(b) videoconferencing; or
(c) another form of communication that allows persons taking part in the proceeding to hear and take part in discussions as they happen.

"repealed Act" , for chapter 18A , see section 800A .

"report" , for chapter 17 , part 4 , see section 788 .

"required information" , for chapter 8 , see section 243 .

"required time and way" , for chapter 8 , see section 243 .

"responsible officer" , of an interstate mental health service, means an entity responsible for—
(a) authorising the admission of persons who have a mental illness, who are from another State, to the interstate mental health service; or
(b) authorising the transfer of persons who have a mental illness from the interstate mental health service to another State.

"restraint, seclusion and other practices policy" see section 273 (1) .

"review"
(a) of a treatment authority, for chapter 12 , part 2 —see section 411 ; or
(b) of a forensic order (mental health) or forensic order (disability), for chapter 12 , part 3 —see section 431 ; or
(c) of a treatment support order, for chapter 12 , part 5 —see section 463 .

"review notice" , for chapter 14 , part 8 , see section 608 (1) (c) .

"review notice day" , for chapter 14 , part 8 , see section 608 (2) (a) .

"review period" , for chapter 2 , part 4 , see section 56 .

"scanning search" , for chapter 11 , part 7 , see section 384 .

"scheduled review" , for chapter 16 , part 2 , division 6 , subdivision 2 , see section 728 (1) (b) and (2) (b) .

"search requiring the removal of clothing" , for chapter 11 , part 7 , see section 384 .

"seclusion" see section 254 .

"section 613 finding" see section 189 (2) , definition relevant finding , paragraph (a) .

"section 645 finding" see section 189 (2) , definition relevant finding , paragraph (b) .

"second psychiatrist report" see section 100 (2) .

"security officer" , for chapter 11 , part 7 , see section 384 .

"serious offence" means an indictable offence, other than an offence that is a relevant offence under the Criminal Code , section 552BA (4) .
Note—
Under the Criminal Code , section 552BA , a charge of an indictable offence that is a relevant offence must, subject to the Criminal Code , section 552D , be heard and decided summarily.

"simple offence" see section 171 .

"special tribunal" , for chapter 18A , see section 800C (1) .

"staff" , of the tribunal, means a person employed under section 713 .

"statement of rights" see section 277 (1) .

"support person" , of another person, includes a personal guardian or attorney of the person.

"tracking device" means an electronic device capable of being worn, and not removed, by a person for the purpose of finding or monitoring the geographical location of the person.

"transfer considerations" , for chapter 11 , part 5 , see section 350 .

"transfer recommendation" , for chapter 3 , see section 68 (2) .

"transport" , of a person, includes the use of physical restraint to move the person.

"treatment" , of a person who has a mental illness or other mental condition, includes anything done, or to be done, with the intention of having a therapeutic effect on the person’s illness, including the provision of a diagnostic procedure.

"treating health service" , for a person, means the authorised mental health service responsible for the person’s treatment and care.

"treatment authority" see section 49 .

"treatment criteria" see section 12 .

"treatment in the community" means—
(a) for a person subject to a treatment authority, forensic order (mental health) or treatment support order—
(i) if the category of the authority or order is inpatient—limited community treatment; or
(ii) if the category of the authority or order is community—treatment and care of the person under the order while the person is living in the community; or
(b) for a person subject to a forensic order (disability)—
(i) if the category of the order is inpatient—limited community treatment; or
(ii) if the category of the order is community—care of the person under the order while the person is living in the community.

"treatment support order" see section 143 (1) .

"tribunal" means the Mental Health Review Tribunal continued under section 704 .

"tribunal review"
(a) of a treatment authority, for chapter 12 , part 2 —see section 413 (3) and (4) ; or
(b) of a forensic order (mental health) or forensic order (disability), for chapter 12 , part 3 —see section 433 (3) and (4) ; or
(c) of a treatment support order, for chapter 12 , part 5 —see section 465 (3) and (4) .

"tribunal rules" means rules of court made under section 768 .

"unit" , for chapter 8 , see section 243 .

"unlawful act" , of a person, includes an act or omission of the person constituting an offence with which the person is charged.

"unsound mind" see section 109 .

"vehicle"
(a) means a vehicle under the Transport Operations (Road Use Management) Act 1995 ; and
(b) includes a vessel under that Act.

"victim" , of an unlawful act, means a person against whom the unlawful act was committed or allegedly committed.

"victim impact statement" , in relation to an unlawful act, means a written statement that—
(a) is signed and dated; and
(b) states the particulars of the harm caused to a victim, or close relative of the victim, by the unlawful act; and
(c) may have attached to it—
(i) documents supporting the particulars, including, for example, medical reports; or
(ii) photographs, drawings or other images.

"victim support service" means an entity in a Hospital and Health Service, or the department, that provides support services to victims of unlawful acts.

"warrant" for apprehension means a warrant for apprehension issued under section 378 .



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