7Counselling

7 Counselling

7 Counselling

(1) Before a court requires a person to undergo counselling under the Act, Part 2, the court must—

(a) identify an appropriate professional counsellor or body with counselling facilities to provide the counselling, and

(b) ascertain from the counsellor or a person representing the body whether the counsellor or body—

(i) is able to provide the counselling, and

(ii) consents to being nominated by the court as the provider of the counselling, and

(c) determine whether—

(i) the person must pay a fee in relation to the counselling, and

(ii) if a fee is payable—the person has the financial capacity to pay the fee or is eligible for government assistance for the fee.

(2) A court must not require a person to undergo counselling if, in the court’s opinion, the person would suffer undue financial hardship as a result of undergoing the counselling.