sec.135FAssessment of suitability of defendant

### sec.135F Assessment of suitability of defendant The approved provider must assess the defendant’s suitability to participate in an approved diversion program or counselling with an approved provider taking into consideration the following— the defendant’s character and personal history; the defendant’s language skills; the defendant’s cultural background, including whether the defendant identifies as an Aboriginal or Torres Strait Islander person; any disabilities, psychiatric or psychological conditions of the defendant; any alcohol or drug problems of the defendant; the effect of the matters mentioned in paragraph (a) to (e) on the defendant’s ability to participate in an approved diversion program or counselling; whether there is an approved diversion program or counselling that is available and suitable, including culturally appropriate, for the defendant; whether and, if so, how the defendant’s participation in the scheme could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice or of someone else; any other relevant matters. s 135F ins 2024 No. 5 s 40 amd 2025 No. 18 s 83 sch 1 - (a) the defendant’s character and personal history; - (b) the defendant’s language skills; - (c) the defendant’s cultural background, including whether the defendant identifies as an Aboriginal or Torres Strait Islander person; - (d) any disabilities, psychiatric or psychological conditions of the defendant; - (e) any alcohol or drug problems of the defendant; - (f) the effect of the matters mentioned in paragraph (a) to (e) on the defendant’s ability to participate in an approved diversion program or counselling; - (g) whether there is an approved diversion program or counselling that is available and suitable, including culturally appropriate, for the defendant; - (h) whether and, if so, how the defendant’s participation in the scheme could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice or of someone else; - (i) any other relevant matters.