Victorian Current Acts Victorian Current Acts(1) In this Act, unless the contrary intention appears—
S. 3(1) def. of ante-mortem procedure inserted by No. 42/2020 s. 4.
ante-mortem procedure has the meaning given by section 24A ;
"child" means a person who—
(a) has not attained the age of 18 years; and
(b) is not married;
S. 3(1) def. of coroner substituted by No. 10257 s. 85(a)(i), repealed by No. 77/2008 s. 129(Sch. 2 item 12.1).
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S. 3(1) def. of designated officer amended by No. 23/1994 s. 118(Sch. 1 item 27.1(a)).
"designated officer" in relation to a hospital means—
(a) a registered medical practitioner for the time being appointed under section 4 to be a designated officer for that hospital; or
(b) where, in relation to a hospital, there is no such person, the medical superintendent of the hospital or, while he is absent from or not on duty at the hospital, a person acting in his place;
S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 6(Sch. 4 item 5.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 31.1).
"domestic partner "of a person means—
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
S. 3(1) def. of medical practitioner repealed by No. 23/1994 s. 118(Sch. 1 item 27.1(b)).
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S. 3(1) def. of medical treatment decision maker inserted by No. 42/2020 s. 4.
"medical treatment decision maker" has the same meaning as in the Medical Treatment Planning and Decisions Act 2016 ;
S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 31.2).
"midwife "means a person registered under the Health Practitioner Regulation National Law—
(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and
(b) in the register of midwives kept for that profession;
"next of kin" means—
(a) in relation to a child—a person referred to in subparagraph (i), (ii) or (iii) of paragraph (a) of the definition of senior available next of kin ; and
(b) in relation to any other person—a person referred to in subparagraph (i), (ii), (iii) or (iv) of paragraph (b) of that definition;
"non-regenerative tissue" means tissue other than regenerative tissue;
S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 31.2).
"nurse "means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
"regenerative tissue" means tissue that, after injury or removal, is replaced in the body of a living person by natural processes;
S. 3(1) def. of registered medical practitioner inserted by No. 23/1994 s. 118(Sch. 1 item 27.1(c)), amended by No. 97/2005 s. 182(Sch. 4 item 28), substituted by No. 13/2010 s. 51(Sch. item 31.1).
"registered medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 3(1) def. of senior available next of kin amended by No. 27/2001 s. 6(Sch. 4 item 5.1(b)).
"senior available next of kin" means—
(a) in relation to a deceased child—
(i) where a parent of the child is available—a parent of the child;
(ii) where a parent of the child is not available—a brother or sister of the child who has attained the age of eighteen years and who is available; or
(iii) where no person referred to in subparagraph (i) or (ii) is available—a person who was the guardian of the child immediately before the death of the child and who is available; and
(b) in relation to any other deceased person—
(i) where the person, immediately before the person's death, had a spouse or domestic partner and that spouse or domestic partner is available—the spouse or domestic partner;
(ii) where the person, immediately before the person's death, did not have a spouse or domestic partner or the spouse or domestic partner is not available—a son or daughter of the person who has attained the age of 18 years and who is available;
(iii) where no person referred to in subparagraph (i) or (ii) is available but a parent of the person is available—that parent; or
(iv) where no person referred to in subparagraph (i), (ii) or (iii) is available—a brother or sister of the person who has attained the age of eighteen years and is available;
S. 3(1) def. of spouse inserted by No. 27/2001 s. 6(Sch. 4 item 5.1(a)).
"spouse" of a person means a person to whom the person is married;
S. 3(1) def. of State Coroner inserted by No. 10257 s. 85(a)(ii), repealed by No. 77/2008 s. 129(Sch. 2 item 12.1).
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"tissue" includes an organ, or part, of a human body or a substance extracted from, or from a part of, the human body.
(2) A reference in this Act to the transplantation of tissue shall be read as including a reference to the transplantation of any part of the tissue and to the transplantation of a substance obtained from the tissue.
(3) A reference in this Act to a person's brother or sister is a reference to a brother or a sister whether of the whole blood or the half-blood and includes a reference to a person who was adopted by one or both of the parents of the first-mentioned person.
S. 3(4) inserted by No. 27/2001 s. 6(Sch. 4 item 5.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 31.2).
(4) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered relationship" has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered 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; and
(c) a person is not a domestic partner of another person only because they are co-tenants.