Australian Capital Territory Current Acts

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VICTIMS OF CRIME ACT 1994 - SECT 6

Who is a victim?

    (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.



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