QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.135EAdjournment for obtaining suitability assessment report
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### sec.135E Adjournment for obtaining suitability assessment report
This section applies if the court is satisfied the defendant meets the eligibility criteria and is considering making a diversion order in relation to the defendant.
The court must order the defendant to—
report to a stated approved provider at a stated place, and within a stated period, to allow the approved provider to assess the defendant’s suitability to participate in an approved diversion program or counselling; and
comply with every reasonable direction given to the defendant by an approved provider.
The stated period for subsection (2) (a) must be 14 days after the order is made, or a longer period allowed by the court.
If the court makes an order under subsection (2) —
the prosecution must give the court—
a written summary of the alleged facts constituting the alleged offence; and
a copy of the defendant’s criminal history; and
the clerk of the court must give the stated approved provider mentioned in subsection (2) a copy of—
the order; and
the summary of the alleged facts constituting the alleged offence; and
the defendant’s criminal history.
If the defendant fails to report to the approved provider as required under an order made under subsection (2) (a) , the approved provider must advise the registrar of the court within 2 business days after the failure to report.
s 135E ins 2024 No. 5 s 40
(sec.135E-ssec.1) This section applies if the court is satisfied the defendant meets the eligibility criteria and is considering making a diversion order in relation to the defendant.
(sec.135E-ssec.2) The court must order the defendant to— report to a stated approved provider at a stated place, and within a stated period, to allow the approved provider to assess the defendant’s suitability to participate in an approved diversion program or counselling; and comply with every reasonable direction given to the defendant by an approved provider.
(sec.135E-ssec.3) The stated period for subsection (2) (a) must be 14 days after the order is made, or a longer period allowed by the court.
(sec.135E-ssec.4) If the court makes an order under subsection (2) — the prosecution must give the court— a written summary of the alleged facts constituting the alleged offence; and a copy of the defendant’s criminal history; and the clerk of the court must give the stated approved provider mentioned in subsection (2) a copy of— the order; and the summary of the alleged facts constituting the alleged offence; and the defendant’s criminal history.
(sec.135E-ssec.5) If the defendant fails to report to the approved provider as required under an order made under subsection (2) (a) , the approved provider must advise the registrar of the court within 2 business days after the failure to report.
- (a) report to a stated approved provider at a stated place, and within a stated period, to allow the approved provider to assess the defendant’s suitability to participate in an approved diversion program or counselling; and
- (b) comply with every reasonable direction given to the defendant by an approved provider.
- (a) the prosecution must give the court— (i) a written summary of the alleged facts constituting the alleged offence; and (ii) a copy of the defendant’s criminal history; and
- (i) a written summary of the alleged facts constituting the alleged offence; and
- (ii) a copy of the defendant’s criminal history; and
- (b) the clerk of the court must give the stated approved provider mentioned in subsection (2) a copy of— (a) the order; and (b) the summary of the alleged facts constituting the alleged offence; and (c) the defendant’s criminal history.
- (a) the order; and
- (b) the summary of the alleged facts constituting the alleged offence; and
- (c) the defendant’s criminal history.
- (i) a written summary of the alleged facts constituting the alleged offence; and
- (ii) a copy of the defendant’s criminal history; and
- (a) the order; and
- (b) the summary of the alleged facts constituting the alleged offence; and
- (c) the defendant’s criminal history.