(1) In this
Division—
"act" includes—
(a) an
omission; and
(b) a
course of conduct;
"child" means a person under 16 years of age;
"cognitive impairment" includes—
(a) a
developmental disability (including, for example, an intellectual disability,
Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b) an
acquired disability as a result of illness or injury (including, for example,
dementia, a traumatic brain injury or a neurological disorder);
(c) a
mental illness;
"vulnerable adult" means a person aged 16 years or above who is significantly
impaired through physical disability, cognitive impairment, illness or
infirmity.
(2) Subject to
subsection (3), in this Division the following terms and phrases have the
same meaning as in Division 7A:
(a)
"cause";
(b)
"harm".
(3) For the
purposes of this Division, a reference to "harm" will be taken to include
detriment caused to the physical, mental or emotional wellbeing or development
of a child or vulnerable adult (whether temporary or permanent).
(4) For the purposes
of this Division, a defendant has a "duty of care to a victim if the defendant
is a parent or guardian of the victim or has assumed responsibility for the
victim's care.