sec.135IWhen court may make diversion order

### sec.135I When court may make diversion order A court may make a diversion order in relation to a defendant if— the court is satisfied the defendant still meets the eligibility criteria; and the defendant consents to the making of the order; and the court is satisfied that, immediately or within a reasonable period, the defendant will be able to start attending an approved diversion program, or have counselling with an approved provider, that is accessible and otherwise suitable for the defendant; and the court is satisfied that, if the order were made, the defendant would not pose an unacceptable risk to 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 a person who is in a relevant relationship with the defendant; or a person employed or engaged by an approved provider; and it is appropriate and desirable to make the order, having regard to the purpose of making a diversion order under the scheme. See section 135B (2) . In deciding for subsection (1) (e) whether it is appropriate or desirable to make a diversion order in relation to a defendant, the court must consider— the principles mentioned in section 4 ; and the suitability assessment report about the defendant; and any other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice. If the complainant is not the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice, a reference to the aggrieved in subsection (2) (c) includes a reference to the complainant. The court may make a diversion order requiring the defendant to attend counselling with an approved provider only if there is no appropriate approved diversion program that the defendant can attend. The diversion order must state the period, of not more than 1 year, within which the defendant is required to complete the approved diversion program or counselling. s 135I ins 2024 No. 5 s 40 amd 2025 No. 18 s 83 sch 1 (sec.135I-ssec.1) A court may make a diversion order in relation to a defendant if— the court is satisfied the defendant still meets the eligibility criteria; and the defendant consents to the making of the order; and the court is satisfied that, immediately or within a reasonable period, the defendant will be able to start attending an approved diversion program, or have counselling with an approved provider, that is accessible and otherwise suitable for the defendant; and the court is satisfied that, if the order were made, the defendant would not pose an unacceptable risk to 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 a person who is in a relevant relationship with the defendant; or a person employed or engaged by an approved provider; and it is appropriate and desirable to make the order, having regard to the purpose of making a diversion order under the scheme. See section 135B (2) . (sec.135I-ssec.2) In deciding for subsection (1) (e) whether it is appropriate or desirable to make a diversion order in relation to a defendant, the court must consider— the principles mentioned in section 4 ; and the suitability assessment report about the defendant; and any other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice. (sec.135I-ssec.3) If the complainant is not the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice, a reference to the aggrieved in subsection (2) (c) includes a reference to the complainant. (sec.135I-ssec.4) The court may make a diversion order requiring the defendant to attend counselling with an approved provider only if there is no appropriate approved diversion program that the defendant can attend. (sec.135I-ssec.5) The diversion order must state the period, of not more than 1 year, within which the defendant is required to complete the approved diversion program or counselling. - (a) the court is satisfied the defendant still meets the eligibility criteria; and - (b) the defendant consents to the making of the order; and - (c) the court is satisfied that, immediately or within a reasonable period, the defendant will be able to start attending an approved diversion program, or have counselling with an approved provider, that is accessible and otherwise suitable for the defendant; and - (d) the court is satisfied that, if the order were made, the defendant would not pose an unacceptable risk to the safety, protection or wellbeing of— (i) the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; or (ii) a person who is in a relevant relationship with the defendant; or (iii) a person employed or engaged by an approved provider; and - (i) the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; or - (ii) a person who is in a relevant relationship with the defendant; or - (iii) a person employed or engaged by an approved provider; and - (e) it is appropriate and desirable to make the order, having regard to the purpose of making a diversion order under the scheme. Note— See section 135B (2) . - (i) the aggrieved or a named person in the domestic violence order, police protection direction or police protection notice; or - (ii) a person who is in a relevant relationship with the defendant; or - (iii) a person employed or engaged by an approved provider; and - (a) the principles mentioned in section 4 ; and - (b) the suitability assessment report about the defendant; and - (c) any other relevant matter, including any expressed wishes of the person named as the aggrieved in the domestic violence order, police protection direction or police protection notice.