Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 847

In section 3(1) of the Victims' Charter Act 2006 , in the definition of "victim"—

        (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)     after paragraph (b) insert —

    "(ba)     if a person has died as a direct result of conduct described in paragraph (ab), a family member of the deceased person; or";

        (c)     for paragraph (c) substitute —

    "(c)     a family member of a victim referred to in paragraph (a) or (ab), if the victim is—

              (i)     under 18 years of age; or

              (ii)     incapable of managing their own affairs because of mental impairment; or".