Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 846

Definition of person adversely affected by crime

In section 3(1) of the Victims' Charter Act 2006 , in the definition of "person adversely affected by crime"—

        (a)     after paragraph (a) insert

    "(ab)     a natural person who has suffered injury as a direct result of conduct, whether or not that injury was reasonably foreseeable by the person who engaged in the conduct, if the conduct—

              (i)     was engaged in by a child who was under 14 years of age at the time of engaging in the conduct; and

              (ii)     if engaged in by a person who is 14 years of age or over, would constitute a criminal offence; or

Notes

1     It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024 .

2     It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024 .";

        (b)     in paragraph (b), for "a person referred to in paragraph (a)" substitute "an affected person referred to in paragraph (a) or (ab)";

        (c)     in paragraph (c), after "criminal offence" insert "or conduct described in paragraph (ab)".



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