(1) In this Act (other than division 3A.3A):
"victim" means a person who suffers harm because of an offence and includes—
(a) a person (the primary victim ) who suffers harm—
(i) in the course of, or as a result of, the commission of an offence; or
(ii) as a result of witnessing an offence; and
(b) a family member, of the primary victim, who suffers harm because of the harm to the primary victim; and
(c) a person who is financially or psychologically dependent on the primary victim and who suffers harm because of the harm to the primary victim; and
(d) the following people under the Victims of Crime (Financial Assistance) Act 2016
:
(i) a primary victim;
(ii) a related victim;
(iii) a homicide witness; and
(e) if a person mentioned for this definition is a child or legally incompetent person—a guardian of the child or legally incompetent person.
(2) However, a "victim" does not include a person who suffers harm because of an offence he or she committed or is alleged to have committed.
(3) In this section:
"guardian" means—
(a) for a child—a parent, a legally appointed guardian of the child or someone else with parental responsibility for the child under the Children and Young People Act 2008
, division 1.3.2 (Parental responsibility); or
(b) for a legally incompetent person—a person who is—
(i) a legally appointed guardian of the legally incompetent person; or
(ii) an attorney, appointed under an enduring power of attorney that has become operative, for the legally incompetent person.
"harm" includes 1 or more of the following:
(a) physical injury;
(b) mental injury or emotional suffering (including grief);
(c) pregnancy;
(d) economic loss;
(e) substantial impairment of a person's legal rights.
"legally incompetent person" means an adult who is subject to—
(a) an enduring power of attorney that has become operative; or
(b) a guardianship order.