Glossary
Act of Violence:
Means a criminal act or a series of related criminal acts, ehether committed by one or more persons, that has occurred in Victoria; and directly resulted in injury or death to one or more persons, irrespective of where the injury or death occurs.
Affidavits:
Statements made which are made in writing and which are signed by the person making the affidavit (the deponent) in the presence of an authorised person. The truth of the affidavit is verified when the deponent makes a solemn oath or affirmation. The authorised person completes the document by signing it and by recording the date, and place where the affidavit was signed and the oath or affirmation made. The authorised person must also give full details of his/her name, address and authorised occupation. Affidavits can sometimes be used in a civil claim or dispute instead of oral evidence.
Bench Clerk:
Magistrate's clerk in the court room. Manages daily list for magistrate. Records the hearing/arbitration. Prepares and dispatches the administrative work in support of magistrate's decision. Role combines the roles of associate, tipstaff, court recorder and personal assistant found in higher courts.
Close Family Member:
In relation to a deceased primary victim of an act of violence, means a person who had a genuine personal relationship with the victim at the time of the victims death and who is the spouse of the victim; or a parent, guardian or step-parent of the victim; or a child or step child of the victim or some other child of whom the victim is the guardian; or a brother, sister, step-brother or step-sister of the victim.
Committal:
The hearing process where a magistrate decides whether there is sufficient evidence to send an accused to trial by judge and jury.
Conviction:
A particular type of court penalty imposed after a charge is proved. A court normally imposes a further penalty by way of fine or imprisonment. A conviction may prevent a person from holding public office or certain occupations. A fine may be imposed with or without conviction in some cases.
Criminal Act:
An act or omission constituting a relevant offence or that would constitute a relevant offence if the person had not been incapable of being criminally responsible for it on account of-age, mental impairment or other legal incapacity preventing him or her from having a required fault element; or the existence of any other lawful defence.
Courtlink:
Database support service for the Court. Services the courts computer technology.
Defendant:
Term used to describe a person charged with an offence (when committed for trial described as the accused).
Filing:
The term used to describe the act of lodging with or delivering a document to the registrar of the court so that the registrar will place it on the court case file (i.e. filed).
Granted:
Order made by a court after hearing an application. The application is successful. The order will be followed by further orders which are the court's directions in respect of the subject matter of the application.
Informant:
Term used to describe the person who brings a charge for an offence (normally a police officer).
Interim Award:
A request for payments of counselling, medical or other expenses in advance of the final determination of the matter
Injury:
Means actual physical bodily harm; or mental illness or disorder or an exacerbation of a mental illness or disorder, whether or not flowing from nervous shock; or pregnancy; or any combination of these two matters arising from an act of violence- but does not include injury arising from loss of or damage to property.
Medical Expenses:
Includes dental, optometry, physiotherapy, psychology treatment, hospital and ambulance expenses.
Medical Report:
A written statement made by a medical expert on medical matters and includes any document which the medical expert intends should be read with the statement.
Tribunal Member:
The Magistrate or Acting Magistrate constituting the Tribunal.
Primary Victim:
A person is injured and/or experiences or suffers any significant adverse effect, or dies as a direct result of an act of violence committed against him/her or trying to arrest someone he/she believes, on reasonable grounds, has committed an act of violence or trying to prevent the commission of an act of violence, or trying to aid or rescue someone he/she believes is the victim of an act of violence.
Related Victim:
A person who at the time of the act of violence was a close family member of; or was a dependant; or had an intimate personal relational with; a primary victim who has died as a result of the act.
Secondary Victim:
A person who is present at the scene of an act of violence and who is injured as a direct result of witnessing the Act. A person is also a secondary victim if he/she is injured as a direct result of subsequently becoming aware of an act of violence AND if he/she is the parent or guardian of the primary victim and who is aged under 18 years at the time of the act.
Significant Adverse Effect:
In relation to an act of violence, includes any grief, distress, trauma or injury experiences or suffered by the victim as a direct result of the act of violence but does not include any loss of, or damage to, property;
Refused:
Order made by a court after hearing evidence and/or submissions where it is not satisfied that the order sought in the application should be made. 'Application refused' = 'Application for order refused'.
Adj Sine Die:
'without a day' – adjourn to a date to be fixed indefinitely. Will be re-listed upon request.
Struck out:
Order which in the event the informant/plaintiff/applicant fails to prosecute the charge, claim or application. Finalises a proceeding, subject to application to re-instate.
Variation:
A request for further assistance after an award has been made. This entitlement exists for six years from the date of the original award was made or where the applicant was under 18 years of age at the time of the making of the award, until that applicant turns 24.
Withdrawn:
Order made at the request of the informant/plaintiff or applicant to withdraw a charge, claim or application.