Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of Associate Crown Prosecutor inserted by No. 36/1995 s. 10(2)(a), amended by No. 3/2012 s. 5(1).
"Associate Crown Prosecutor" means an Associate Crown Prosecutor appointed under Part 6;
S. 3(1) def. of Australian lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 90.1), repealed by No. 17/2014 s. 160(Sch. 2 item 82.1(a)).
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"Chief Crown Prosecutor" means Chief Crown Prosecutor appointed under Part 3;
"Crown Prosecutor" includes a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor;
S. 3(1) def. of direct indictment inserted by No. 68/2009 s. 88(1).
"direct indictment" has the same meaning as in the Criminal Procedure Act 2009 ;
S. 3(1) def. of Director amended by No. 62/1999 s. 4.
"Director" means Director of Public Prosecutions appointed under section 87AB
of the Constitution Act 1975 ;
S. 3(1) def. of Director's Committee substituted by No. 3/2012 s. 5(2).
"Director's Committee" means the Director's Committee established under Part 8;
S. 3(1) def. of discontinue a prosecution inserted by No. 68/2009 s. 88(1).
discontinue a prosecution has the meaning given by Part 5.4 of Chapter 5 of the Criminal Procedure Act 2009 ;
S. 3(1) def. of domestic partner inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).
"domestic partner" of a person means—
(a) a person who is, or was at the time of the person's death, in a registered domestic relationship with the person; or
(b) a person to whom the person is not married but with whom, in the opinion of the Minister, the person is, or was at the time of the person's death, living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 90.1), amended by No. 17/2014 s. 160(Sch. 2 item 82.1(b)).
"legal practitioner" means an Australian legal practitioner;
S. 3(1) def. of partner inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).
"partner" of a person means—
(a) in relation to a person who became entitled to benefits under this Act before the commencement of section 9 of the Constitution Amendment (Judicial Pensions) Act 2008 —
(i) the person's husband, wife, widower or widow; or
(ii) a person of the opposite sex who, though not married to the person, in the opinion of the Minister lives with the person, or lived with the person at the date of the person's death, on a bona fide domestic basis as the person's husband or wife;
(b) in any other case, the person's spouse or domestic partner;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 137.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of public prosecutions service inserted by No. 3/2012 s. 5(4).
"public prosecutions service" means the service consisting of—
(a) the Director of Public Prosecutions; and
(b) the Chief Crown Prosecutor; and
(c) Crown Prosecutors; and
(d) Associate Crown Prosecutors; and
(e) the Solicitor for Public Prosecutions; and
(f) the Office of Public Prosecutions;
S. 3(1) def. of related offences inserted by No. 68/2009 s. 88(1).
"related offences" has the same meaning as in the Criminal Procedure Act 2009
;
S. 3(1) def. of special decision amended by Nos 36/1995
s. 10(2)(b)(i)(ii), 35/1996
s. 453(Sch. 1 item 69.1), 50/2006 s. 36, 68/2009 s. 88(2), 3/2012 s.
5(3).
"special decision" means a decision—
(a) to file a direct indictment against a person for an offence except where—
(i) the person, or a legal practitioner representing the person, has consented in writing to an indictment being filed for that offence; or
(ii) the person, or a legal practitioner representing the person, has indicated in writing an intention to plead guilty to that offence; or
(b) subject to guidelines established by the Director's Committee under section 45A(1)(b), to discontinue a prosecution, or not to file an indictment within the period specified in section 163(1), (2) or (3) of the Criminal Procedure Act 2009 , as the case requires, in relation to the charge or all the charges on which a person was committed for trial; or
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(d) to file an indictment against a person for an offence if a Crown Prosecutor has declined to file, or an Associate Crown Prosecutor or another legal practitioner briefed to advise the Director has advised against filing, an indictment against that person for that offence or for an offence that is not materially different from that offence; or
(e) to discontinue a prosecution in relation to a charge if a Crown Prosecutor, Associate Crown Prosecutor or another legal practitioner briefed to advise the Director has advised against discontinuing the prosecution in relation to that charge or has advised that that charge should be proceeded with; or
(f) to appeal against, or seek any relief or remedy in respect of, an order of the Supreme Court or the County Court quashing, or granting a permanent stay of, an indictment or of a charge or charges on an indictment on the ground that for the person to be tried for the offence or offences charged in the indictment or in the charge or charges on the indictment (as the case requires) would constitute an abuse of process; or
(g) to establish guidelines under section 26(1); or
(h) of any other kind that, in the opinion of the Director, should be treated as a special decision for the purposes of this Act;
S. 3(1) def. of spouse inserted by No. 4/2009 s. 37(Sch. 1 item 21.1).
"spouse" of a person means a person to whom the person is, or was at the time of the person's death, married.
S. 3(2) inserted by No. 4/2009 s. 37(Sch. 1 item 21.2).
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered domestic relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons
who are not in a registered domestic relationship are domestic
partners of each other, all the circumstances of their relationship are to
be taken into account, including any one or more of the matters
referred to in section 35(2) of the Relationships Act 2008 as may be
relevant in a particular case.
Part 2—Director of Public Prosecutions
Note to Pt 2 inserted by No. 3/2012 s. 6.
Note
The Director of Public Prosecutions is appointed under Part IIIA of the Constitution Act 1975 .
S. 4
amended by No. 36/1995 s. 4(1), repealed by No. 62/1999 s. 5.
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S. 5
amended by Nos 109/1994
s. 34(12)(a), 46/1998
s. 7(Sch. 1), repealed by No. 62/1999 s. 5.
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Ss 6, 7 repealed by No. 62/1999 s. 5.
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S. 8
amended by No. 109/1994 s. 34(12)(b), repealed by No. 62/1999 s. 5.
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