What is an ‘act of violence’?

5 Feb

Section 3(1) of the FAS Act defines an ‘act of violence’ as being a ‘criminal act’ that occurs in Victoria and directly results in injury or death, regardless of where the death occurs.

A ‘criminal act’ is defined as an act or omission that constitutes a ‘relevant offence’, or that would do so if the person were not incapable of being criminally responsibly due to age, mental impairment or other legal incapacity preventing them from having the required fault element of the offence; or if other lawful defences exist. This enables people to apply even though an offender cannot be charged if, for example, they were a child or an in-patient at a mental health facility.

The definition of ‘relevant offence’ refers to eight specific categories of offences, including a general catch-all category of offences punishable on conviction by imprisonment; and involve an assault on, or injury or threat of injury to, a person. The specific categories are sexual offences; common law rape or assault with intent to rape; observing genital or anal regions with a device; stalking, child stealing or kidnapping; home invasions and aggravated home invasions; or conspiracy, incitement or attempts to commit any of these offences. The FAS Regulations may also prescribe additional offences (s 3), and so must be checked from time to time.