sec.72Assessment of suitability of respondent

### sec.72 Assessment of suitability of respondent If a court makes an intervention order, the clerk of the court must give a copy of the order to the stated approved provider mentioned in section 69 (3) (a) . The approved provider must assess the respondent’s suitability to participate in an approved intervention program or counselling taking into consideration the following— the respondent’s character and personal history; the respondent’s language skills; the respondent’s cultural background, including whether the respondent identifies as an Aboriginal or Torres Strait Islander person; any disabilities, psychiatric or psychological conditions of the respondent; any alcohol or drug problems of the respondent; the effect of the matters mentioned in paragraph (a) to (e) on the respondent’s ability to participate in an approved intervention program or counselling; whether there is an approved intervention program or counselling that is available and suitable, including culturally appropriate, for the respondent; whether and, if so, how the respondent’s participation in the approved intervention program or counselling could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order or of someone else; any other relevant matters. If the approved provider considers that the respondent is suitable to participate in an approved intervention program or counselling, the approved provider must give the court a notice in the approved form stating— that the respondent is suitable to participate in the program or counselling; and the date when the respondent will start attending the program or counselling; and the name of the approved provider who will provide the program or counselling; and the estimated period of time within which the respondent is likely to complete the program or counselling. If the approved provider considers that the respondent is not suitable to participate in an approved intervention program or counselling, the approved provider must give the court, and the police commissioner, a notice in the approved form stating that the respondent is not suitable to participate in an approved intervention program or counselling. s 72 amd 2016 No. 51 s 73 sch 1 ; 2024 No. 5 s 102 sch 1 div 1 (sec.72-ssec.1) If a court makes an intervention order, the clerk of the court must give a copy of the order to the stated approved provider mentioned in section 69 (3) (a) . (sec.72-ssec.2) The approved provider must assess the respondent’s suitability to participate in an approved intervention program or counselling taking into consideration the following— the respondent’s character and personal history; the respondent’s language skills; the respondent’s cultural background, including whether the respondent identifies as an Aboriginal or Torres Strait Islander person; any disabilities, psychiatric or psychological conditions of the respondent; any alcohol or drug problems of the respondent; the effect of the matters mentioned in paragraph (a) to (e) on the respondent’s ability to participate in an approved intervention program or counselling; whether there is an approved intervention program or counselling that is available and suitable, including culturally appropriate, for the respondent; whether and, if so, how the respondent’s participation in the approved intervention program or counselling could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order or of someone else; any other relevant matters. (sec.72-ssec.3) If the approved provider considers that the respondent is suitable to participate in an approved intervention program or counselling, the approved provider must give the court a notice in the approved form stating— that the respondent is suitable to participate in the program or counselling; and the date when the respondent will start attending the program or counselling; and the name of the approved provider who will provide the program or counselling; and the estimated period of time within which the respondent is likely to complete the program or counselling. (sec.72-ssec.4) If the approved provider considers that the respondent is not suitable to participate in an approved intervention program or counselling, the approved provider must give the court, and the police commissioner, a notice in the approved form stating that the respondent is not suitable to participate in an approved intervention program or counselling. - (a) the respondent’s character and personal history; - (b) the respondent’s language skills; - (c) the respondent’s cultural background, including whether the respondent identifies as an Aboriginal or Torres Strait Islander person; - (d) any disabilities, psychiatric or psychological conditions of the respondent; - (e) any alcohol or drug problems of the respondent; - (f) the effect of the matters mentioned in paragraph (a) to (e) on the respondent’s ability to participate in an approved intervention program or counselling; - (g) whether there is an approved intervention program or counselling that is available and suitable, including culturally appropriate, for the respondent; - (h) whether and, if so, how the respondent’s participation in the approved intervention program or counselling could affect the safety, protection or wellbeing of the aggrieved or a named person in the domestic violence order or of someone else; - (i) any other relevant matters. - (a) that the respondent is suitable to participate in the program or counselling; and - (b) the date when the respondent will start attending the program or counselling; and - (c) the name of the approved provider who will provide the program or counselling; and - (d) the estimated period of time within which the respondent is likely to complete the program or counselling.