FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 130 Order to attend counselling
FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 130
Order to attend counsellingS. 130(1) amended by Nos 83/2012 s. 17, 19/2017 s. 36.
(1) If a relevant court is given a report under section 129 and is satisfied that the respondent is eligible to attend approved counselling, it must make an order requiring the respondent to attend the counselling, to be provided by a person or body specified in the order.
S. 130(2) amended by No. 83/2012 s. 17.
(2) However, a relevant court is not required to make the order if—
(a) there is already in force an order under this section in respect of the respondent; or
(b) the court is satisfied that—
S. 130(2)(b)(i) amended by No. 19/2017 s. 36.
(i) there is no approved counselling that it is reasonably practicable for the respondent to attend; or
(ii) in all the circumstances of the case, it is not appropriate to make the order for any other reason.
(3) An order under subsection (1) must—
S. 130(3)(a) amended by No. 83/2012 s. 17.
(a) specify the time and place at which the initial counselling session is to be conducted but a relevant court may vary that time and place by the appropriate registrar for the court giving reasonable written notice to the respondent; and
(b) require the person or body who is to provide the counselling to give reasonable written notice to the respondent of the time and place at which each subsequent counselling session is to be conducted.
(4) A respondent who, without reasonable excuse, contravenes an order under this section by failing to attend counselling is guilty of an offence and liable to a penalty not exceeding 10 penalty units.
(5) The respondent is taken to have contravened the order by failing to attend counselling if the respondent does not attend a counselling session at the time and place specified in the order or of which the respondent is given notice in accordance with subsection (3).
(6) A respondent who contravenes an order under this section is only liable to be prosecuted once for an offence against subsection (4), regardless of how many counselling sessions the respondent fails to attend.