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In forceAmended2020 Revised Edition
Contents

Part 7 · Protection Against Family Violence

58. Interpretation of this Part

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Amended

Last amended by an amending law of 2023.

(1)

In this Part —

“deputy” has the meaning given by section 2(1) of the Mental Capacity Act 2008;

“Director‑General” means the Director‑General of Social Welfare;

“donee” has the meaning given by section 2(1) of the Mental Capacity Act 2008;

“emergency order” means an emergency order under section 62(1);

“enforcement officer” —

(a)

means an enforcement officer appointed under section 65(4)(a); and

(b)

in relation to a function of an enforcement officer under this Part, includes a person authorised under section 65(4)(b) to exercise that function;

“expedited order” means an expedited order under section 61(2);

“family member” has the meaning given by section 58A;

“family violence” has the meaning given by section 58B;

“home”, in relation to a person, means the place or premises at which the person ordinarily resides;

“protection order” means a protection order under section 60A(1);

“protector” —

(a)

means a protector appointed under section 65(2)(a); and

(b)

in relation to a function of a protector under this Part, includes a person authorised under section 65(2)(b) to exercise that function;

“psychiatrist” means a medical practitioner who is registered as a psychiatrist in the Register of Specialists under the Medical Registration Act 1997;

“qualified assessor” means a person whom the Director‑General reasonably considers to be qualified to conduct an assessment under section 59;

“registered medical practitioner” has the meaning given by section 2(1) of the Medical Registration Act 1997;

“specified”, in relation to an order, means specified in the order;

“support person” means a person prescribed or appointed as a support person under section 65(7) or (8), respectively;

“vulnerable adult” has the meaning given by section 2(1) of the Vulnerable Adults Act 2018.

(2)

For the purposes of this Part, whether a person lacks mental capacity is to be determined in accordance with Part 2 of the Mental Capacity Act 2008.

(3)

In this Part, a reference to exercising a function includes a reference to exercising a power or performing a duty.

Report

Part 8

Maintenance of Wife, Incapacitated Husband and Children

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules