Queensland Consolidated Acts Queensland Consolidated Actsact of violence see section 25.
administrator, for a person with impaired capacity, means an administrator appointed for the person under the Guardianship and Administration Act 2000.
appeal includes an application for leave to appeal.
applicant, for chapter 3, means a person who has applied for financial assistance under the scheme.
appropriately qualified, for functions and powers, includes having the qualifications, experience or standing appropriate to perform the functions and exercise the powers.
Example of standing--
a person's classification level in the public service
approved carer, of a child, means--
(a) an approved foster carer under the Child Protection Act 1999, schedule 3, in whose care the child is placed under section 82 of that Act; or
(b) an approved kinship carer of the child under the Child Protection Act 1999, schedule 3.
assistance, for chapter 3, means financial assistance under the scheme.
assistance limit means a limit under this Act on--
(a) the total combined amount of financial assistance under the scheme that may be granted to a particular kind of victim of an act of violence and that, if there are 2 or more victims of that kind, must be shared between them; or
(b) the total combined amount of a component of financial assistance under the scheme that may be granted to a particular kind of victim of an act of violence and that, if there are 2 or more victims of that kind, must be shared between them.
category, of an act of violence, means the category of the act of violence under schedule 2, section 3.
category A act of violence see schedule 2, section 3(1).
category B act of violence see schedule 2, section 3(2).
category C act of violence see schedule 2, section 3(3).
category D act of violence see schedule 2, section 3(4).
chief executive (child protection) means the chief executive of the department in which the Child Protection Act 1999 is administered.
chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.
child, other than in the definition family member, means a person under the age of 18.
commencement, for chapter 6, part 2, see section 150.
compensation, for chapter 6, part 2, see section 150.
component, in relation to financial assistance granted or payable under the scheme, means the expenses, loss of earnings or other component for which the assistance is granted or payable.
convicting a person includes a court finding the person guilty, or the person pleading guilty, whether or not a conviction is recorded.
crime see section 25.
criminal activity means an activity of a criminal nature.
criminal history, of a person, means the person's criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.
departmental employee means a public service employee of the department.
dependant, of a person, means--
(a) a person who is entirely or substantially dependant on the person's income; or
(b) if the person has died as a result of an act of violence or crime--
(i) a person who was entirely or substantially dependant on the person's income when the person died; or
(ii) a person who would have been entirely or substantially dependant on the person's income if the person had not died, including a child of the person who is born after the person's death.
diversionary program means--
(a) mediation under the Dispute Resolution Centres Act 1990, part 4; or
(b) the youth justice conference process under the Juvenile Justice Act 1992, part 3.
enduring power of attorney means an enduring power of attorney under the Powers of Attorney Act 1998.
exceptional circumstances, for chapter 3, see section 28.
family member, of a person, means--
(a) the person's spouse; or
(b) the person's child; or
(c) the person's parent or step-parent; or
(d) the person's brother, sister, stepbrother or stepsister; or
(e) a person who, under Aboriginal tradition or Island custom is regarded as a person mentioned in paragraph (a), (b), (c) or (d).
funeral expense assistance, for an act of violence, means financial assistance under the scheme for funeral expenses incurred, or reasonably likely to be incurred, for the funeral of a primary victim of the act of violence.
government assessor--
(a) generally, means a government assessor appointed under section 128; and
(b) for chapter 3, in relation to an application for financial assistance under the scheme--see section 30.
Note--
See also section 127(7).
government entity means--
(a) a government entity within the meaning given by the Public Service Act 2008, section 24; or
(b) an investigatory agency or prosecuting agency.
guardian, for a person with impaired capacity, means a guardian appointed for the person under the Guardianship and Administration Act 2000.
harm means physical, mental or emotional harm.
health practitioner means--
(a) a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following--
(i) the chiropractic profession;
(ii) the dental profession as any of the following--
(A) dental therapist;
(B) dental hygienist;
(C) oral health therapist;
(iii) the medical profession;
(iv) the optometry profession;
(v) the osteopathy profession;
(vi) the physiotherapy profession;
(vii) the podiatry profession;
(viii) the psychology profession; or
(b) a person registered under any of the following Acts--
(i) Occupational Therapists Registration Act 2001;
(ii) Speech Pathologists Registration Act 2001.
impaired capacity see the Guardianship and Administration Act 2000, schedule 4.
incidental travel, for an injury, means travel from a person's place of residence or place of work to another place, or vice versa--
(a) if the travel is for obtaining counselling services or medical treatment for the injury and--
(i) the distance reasonably travelled from the person's place of residence or place of work to the other place, or vice versa, is at least 20km, and the counselling services or medical treatment is not reasonably available nearer than the other place; or
(ii) the total distance reasonably travelled between the person's place of residence or place of work and the other place (in either direction) during a period of 7 consecutive days is 150km, and the counselling services or medical treatment is not reasonably available nearer than the other place; or
(b) if the travel is for undergoing an examination under section 73 and the distance reasonably travelled from the person's place of residence or place of work to the other place, or vice versa, is at least 20km.
incurs, in relation to expenses, for chapter 3, see section 29.
injury--
(a) for chapter 3--see section 27; or
(b) for chapter 6, part 2--see section 150.
internal review details, for a decision about a person, means the following--
(a) that the person has a right to have the decision reviewed by the scheme manager under section 124;
(b) how, and the period within which, the person may apply for the review.
investigatory agency means--
(a) the police service; or
(b) another department, office or agency of the State, or a statutory body (other than a court or judicial tribunal), that has a function to investigate crimes.
law practice means law practice within the meaning of the Legal Profession Act 2007, schedule 2, definition law practice, paragraph (b).
legal costs means amounts a person has been or may be charged by, or is or may become liable to pay to, a law practice for the provision of legal services including--
(a) interest on the amounts; and
(b) disbursements other than for obtaining a report from a counsellor or health practitioner; and
(c) interest on disbursements other than disbursements for obtaining a report from a counsellor or health practitioner.
less serious act of violence means an act of violence that is not a more serious act of violence.
medical treatment includes--
(a) treatment by a health practitioner; and
(b) treatment received in a hospital.
mental illness or disorder means an illness or disorder that is of a cognitive, neurological or psychiatric nature.
more serious act of violence means--
(a) an act of violence involving murder, manslaughter or dangerous driving causing death; or
(b) another act of violence prescribed as a more serious act of violence under a temporary regulation.
notice, other than in chapter 2, means written notice.
official means--
(a) the chief executive; or
(b) the scheme manager; or
(c) a government assessor; or
(d) a departmental employee performing a function or exercising a power under chapter 3; or
(e) the victim services coordinator; or
(f) a person acting under the authority or direction of the chief executive.
parent--
1 Parent, of a child, includes--
(a) a step-parent of the child; or
(b) an approved carer of the child; or
(c) a person in whose favour a parenting order is in force under the Family Law Act 1975 (Cwlth); or
(d) a person who otherwise has the right and responsibility to make decisions about the child's daily care.
2 However, a person standing in the place of a parent of a child on a temporary basis, or a person granted a temporary order in relation to a child, is not a parent of the child.
3 Also, parent of a child does not include the chief executive (child protection).
Note--
However, see section 51(3) for who is the parent of a child for making an application for financial assistance under the scheme for the child.
parent secondary victim see section 26.
personal offence, for chapter 6, part 2, see section 150.
police commissioner means the commissioner of the police service.
prescribed offence see section 25(8).
prescribed person--
1 Prescribed person means--
(a) a government entity; or
(b) an officer, member or employee of a government entity.
2 However, a person is not a prescribed person if, or to the extent, the person is dealing with a victim in the person's capacity as a legal representative of a person accused of committing a crime against the victim.
previous prescribed offence, for chapter 6, part 2, see section 150.
primary victim see section 26.
prosecuting agency means--
(a) the office of the director of public prosecutions; or
(b) the police service; or
(c) an entity authorised to bring proceedings for an offence against an Act.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
reasonable counselling expenses means expenses for counselling services that are reasonable, having regard to the table of costs.
reasonable incidental travel expenses means expenses for incidental travel for an injury that are reasonable, having regard to the table of costs.
reasonable medical expenses means expenses for medical treatment or ambulance services that are reasonable, having regard to the table of costs.
reasonable report expenses means expenses for obtaining a report from a counsellor or health practitioner that are reasonable, having regard to the table of costs.
reasonably means on grounds that are reasonable in the circumstances.
related victim see section 26.
relevant event, for chapter 6, part 2, see section 150.
relevant offence, for an act of violence, means an offence arising out of substantially the same facts and circumstances as those constituting the act of violence.
relevant payment, for an act of violence--
(a) means any payment made or to be made to a person in relation to the act of violence whether as damages, compensation, restitution, financial assistance, rebate, superannuation benefit, payment of an insurance claim, or otherwise; and
(b) includes an amount paid or payable in relation to the act of violence under--
(i) the Motor Accident Insurance Act 1994; or
(ii) the Police Service Administration Act 1990, section 10.8; or
(iii) the Workers' Compensation Act; or
(iv) a scheme or arrangement under another Act or law, including an Act that has been repealed and a law of the Commonwealth, another State or a foreign country; or
(v) the Corrective Services Act 2006, chapter 6, part 12B; or
(vi) the Health Insurance Act 1973 (Cwlth), part 2; or
(vii) a superannuation scheme; or
(viii) an insurance policy, including, for example, life insurance and private health insurance; or
(ix) an agreement reached following mediation under the Dispute Resolution Centres Act 1990 between a person who allegedly committed a relevant offence for an act of violence and a victim of the act.
relevant person--
1 The relevant person for giving consent in relation to an applicant for financial assistance under the scheme is--
(a) generally--the applicant; or
(b) for a child, if the application was made under section 51(2)(a) or (c)--the child's parent; or
(c) for an adult with impaired capacity for giving the consent--
(i) if the adult has a guardian for a legal matter--the guardian; or
(ii) if the adult does not have a guardian for a legal matter but has an administrator--the administrator; or
(iii) if the adult does not have a guardian for a legal matter or an administrator--an attorney appointed by the adult under an enduring power of attorney; or
(iv) if the adult does not have a guardian for legal matters or an administrator and has not appointed a person under an enduring power of attorney--a member of the adult's support network.
2 For paragraph 1(b)--
(a) if a person is granted guardianship of a child under a child protection order under the Child Protection Act 1999--the reference to the child's parent in the paragraph is taken to be a reference to that person; and
(b) if a person has the right and responsibility to make decisions about a child's daily care under a decision or order of a federal court or a court of a State, other than a temporary order--the reference to the child's parent in the paragraph is taken to be a reference to that person.
relevant subrogation provision, for chapter 6, part 2, division 9, subdivision 2, see section 186.
remaining pool amount, for an act of violence, means--
(a) for financial assistance under the scheme payable to a victim of the act--the assistance limit for victims of the same kind less any amount of assistance already paid to victims of the same kind in relation to the act; and
(b) for a component of financial assistance under the scheme payable to a victim of the act--the assistance limit for the component for victims of the same kind less any amounts already paid for the component to victims of the same kind in relation to the act.
repealed Act, for chapter 6, part 2, see section 150.
repealed Criminal Code chapter, for chapter 6, part 2, see section 150.
repealed legislation, for chapter 6, part 2, see section 150.
scheme manager means the manager of victims assistance appointed under section 127.
secondary victim see section 26.
sentencing court means a court before which an offender is sentenced.
series of related crimes see section 25.
sexual offence means an offence of a sexual nature, and includes the following--
(a) rape;
(b) assault with intent to commit rape;
(c) an offence against the Criminal Code, section 352.
special assistance, in relation to an act of violence, means special assistance of the amount stated in schedule 2, section 1 for the act.
spent conviction means a conviction--
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b) that is not revived as prescribed by section 11 of that Act.
SPER registrar means the registrar under the State Penalties Enforcement Act 1999.
table of costs see section 132.
temporary order means--
(a) a temporary assessment order or a court assessment order under the Child Protection Act 1999; or
(b) an order of a court of another State that is of similar nature to an order mentioned in paragraph (a).
temporary regulation means a regulation made under section 147.
the principles means the principles of justice for victims stated in chapter 2, part 2.
the scheme means the scheme for the grant of financial assistance under chapter 3.
trial includes a proceeding in which a person is sentenced.
victim--
(a) generally--see section 5; or
(b) for chapter 3--means a primary victim, secondary victim or related victim of an act of violence.
victim assistance, for an act of violence, means financial assistance under the scheme for a person in the person's capacity as a primary victim, secondary victim or related victim of the act of violence.
victims assistance unit means the unit of the department in which the scheme is administered.
victim services coordinator means the victim services coordinator appointed under section 138.
witness, an act of violence or crime, includes hearing the act or crime being committed.
witness secondary victim see section 26.
Workers' Compensation Act means the Workers' Compensation and Rehabilitation Act 2003.
workers' compensation application means an application for compensation under the Workers' Compensation Act.