sec.135MMatters court must consider

### sec.135M Matters court must consider When deciding whether to continue, vary or revoke the diversion order, the court must consider— the defendant’s continued eligibility for the approved diversion program or counselling in which the defendant is participating, including but not limited to the following— whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice; whether the defendant has been charged with, or convicted of, another domestic violence offence; whether another domestic violence order or police protection notice has been made or issued against the defendant; the defendant’s willingness to continue to participate in the approved diversion program or counselling; and any information about the defendant the approved provider for the program or counselling in which the defendant is participating gives the court; and any material change to the defendant’s circumstances since the diversion order was made; and any 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 of someone else, including any statements provided by the aggrieved or other person; 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 (1) (e) includes a reference to the complainant. s 135M ins 2024 No. 5 s 40 amd 2025 No. 18 s 83 sch 1 (sec.135M-ssec.1) When deciding whether to continue, vary or revoke the diversion order, the court must consider— the defendant’s continued eligibility for the approved diversion program or counselling in which the defendant is participating, including but not limited to the following— whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice; whether the defendant has been charged with, or convicted of, another domestic violence offence; whether another domestic violence order or police protection notice has been made or issued against the defendant; the defendant’s willingness to continue to participate in the approved diversion program or counselling; and any information about the defendant the approved provider for the program or counselling in which the defendant is participating gives the court; and any material change to the defendant’s circumstances since the diversion order was made; and any 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 of someone else, including any statements provided by the aggrieved or other person; 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.135M-ssec.2) 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 (1) (e) includes a reference to the complainant. - (a) the defendant’s continued eligibility for the approved diversion program or counselling in which the defendant is participating, including but not limited to the following— (i) whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice; (ii) whether the defendant has been charged with, or convicted of, another domestic violence offence; (iii) whether another domestic violence order or police protection notice has been made or issued against the defendant; (iv) the defendant’s willingness to continue to participate in the approved diversion program or counselling; and - (i) whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice; - (ii) whether the defendant has been charged with, or convicted of, another domestic violence offence; - (iii) whether another domestic violence order or police protection notice has been made or issued against the defendant; - (iv) the defendant’s willingness to continue to participate in the approved diversion program or counselling; and - (b) any information about the defendant the approved provider for the program or counselling in which the defendant is participating gives the court; and - (c) any material change to the defendant’s circumstances since the diversion order was made; and - (d) any 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 of someone else, including any statements provided by the aggrieved or other person; and - (e) 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. - (i) whether the defendant has been charged with, or convicted of, another contravention of the domestic violence order, police protection direction or police protection notice; - (ii) whether the defendant has been charged with, or convicted of, another domestic violence offence; - (iii) whether another domestic violence order or police protection notice has been made or issued against the defendant; - (iv) the defendant’s willingness to continue to participate in the approved diversion program or counselling; and