QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.135BDiversion orders scheme
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### sec.135B Diversion orders scheme
This part provides for a scheme for the making of an order (a diversion order ) in relation to a defendant who is an adult appearing before a Magistrates Court charged with an offence of contravening a domestic violence order, police protection direction or police protection notice.
Under the scheme, the purpose of making a diversion order is to—
intervene at an early stage in the proceeding for the offence to direct the defendant to attend an approved diversion program, or counselling with an approved provider, to address the defendant’s behaviour and to promote ongoing behavioural change in the defendant; and
hold the defendant accountable for the acts of domestic violence for which the defendant has accepted responsibility; and
facilitate the rehabilitation of the defendant to eliminate domestic violence from the defendant’s behaviour and the community generally; and
reduce the risk of harm to, and increase the safety of, victims of domestic violence.
The scheme applies only if there is an approved provider who can provide an approved diversion program or counselling for the defendant under the scheme.
s 135B ins 2024 No. 5 s 40
amd 2025 No. 18 s 24
(sec.135B-ssec.1) This part provides for a scheme for the making of an order (a diversion order ) in relation to a defendant who is an adult appearing before a Magistrates Court charged with an offence of contravening a domestic violence order, police protection direction or police protection notice.
(sec.135B-ssec.2) Under the scheme, the purpose of making a diversion order is to— intervene at an early stage in the proceeding for the offence to direct the defendant to attend an approved diversion program, or counselling with an approved provider, to address the defendant’s behaviour and to promote ongoing behavioural change in the defendant; and hold the defendant accountable for the acts of domestic violence for which the defendant has accepted responsibility; and facilitate the rehabilitation of the defendant to eliminate domestic violence from the defendant’s behaviour and the community generally; and reduce the risk of harm to, and increase the safety of, victims of domestic violence.
(sec.135B-ssec.3) The scheme applies only if there is an approved provider who can provide an approved diversion program or counselling for the defendant under the scheme.
- (a) intervene at an early stage in the proceeding for the offence to direct the defendant to attend an approved diversion program, or counselling with an approved provider, to address the defendant’s behaviour and to promote ongoing behavioural change in the defendant; and
- (b) hold the defendant accountable for the acts of domestic violence for which the defendant has accepted responsibility; and
- (c) facilitate the rehabilitation of the defendant to eliminate domestic violence from the defendant’s behaviour and the community generally; and
- (d) reduce the risk of harm to, and increase the safety of, victims of domestic violence.