Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
Act —
act of family and domestic violence means one of
the following acts that a person commits against another person with whom he
or she is in a family and domestic relationship —
(a)
assaulting or causing personal injury to the person;
(b)
kidnapping or depriving the person of his or her liberty;
(c)
damaging the person’s property, including the injury or death of an
animal that is the person’s property;
(d)
behaving in an ongoing manner that is intimidating, offensive or emotionally
abusive towards the person;
(e)
pursuing the person or a third person, or causing the person or a third person
to be pursued —
(i)
with intent to intimidate the person; or
(ii)
in a manner that could reasonably be expected to
intimidate, and that does in fact intimidate, the person;
(f)
threatening to commit any act described in paragraphs (a) to (c) against
the person.
(2) In this
Act —
act of personal violence means one of the
following acts that a person commits against another person with whom he or
she is not in a family and domestic relationship —
(a)
assaulting or causing personal injury to the person;
(b)
kidnapping or depriving the person of his or her liberty;
(c)
pursuing the person or a third person, or causing the person or a third person
to be pursued —
(i)
with intent to intimidate the person; or
(ii)
in a manner that could reasonably be expected to
intimidate, and that does in fact intimidate, the person;
(d)
threatening to commit any act described in paragraph (a) or (b) against
the person;
(e) if
the person who commits the act has an imagined personal relationship with the
person against whom the act is committed, an act that would constitute an act
of family and domestic violence if those persons were in a family and domestic
relationship.
(3) For the purposes
of this Act, a person who procures another person to commit an act of abuse,
or part of such an act, is to be taken to have also committed the act himself
or herself.
(4) In this
section —
assaulting includes —
(a) an
assault within the meaning of The Criminal Code ; and
(b)
behaving in a manner described in paragraph (a), (b) or (c) of
section 319(3) of The Criminal Code ;
intimidate has the same meaning as in
section 338D of The Criminal Code ;
kidnapping or depriving the person of his or her
liberty includes behaving in a manner described in section 332 of
The Criminal Code ;
pursue has the same meaning as in
section 338D of The Criminal Code .
[Section 6 inserted by No. 38 of 2004
s. 7; amended by No. 5 of 2008 s. 91.]