29ACourt or judge may declare offender to be serial family violence perpetrator

### 29A Court or judge may declare offender to be serial family violence perpetrator > [*\[Section 29A Inserted by No. 21 of 2022, s. 10, Applied:30 Jun 2024\]*](/view/html/inforce/2024-06-30/act-2022-021#GS10@EN) > > > (1)  This section applies to a court or a judge before whom an offender is – > > > > > > (a) convicted of a family violence offence; or > > > > > > > (b) brought up for sentence after being convicted of a family violence offence. > > > (2)  The court or judge is to declare the offender to be a serial family violence perpetrator if – > > > > > > (a) the offender has attained the age of 18 years; and > > > > > > > (b) the offender has – > > > > > > > > > > (i) on that conviction, been convicted of at least 2 indictable family violence offences, with at least 2 of those offences being committed on different days; or > > > > > > > > > > > (ii) on that conviction, been convicted of at least 3 family violence offences, whether indictable or summary, with at least 3 of those offences being committed on different days; or > > > > > > > > > > > (iii) on that conviction or a previous conviction, been convicted of persistent family violence under [section 170A](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS170A@EN) of the *Criminal Code*; and > > > > > > > (c) the court or judge is of the opinion that the declaration is warranted. > > > (3)  In determining under [subsection (2)(c)](#GS29A@Gs2@Hpc@EN) whether to declare an offender to be a serial family violence perpetrator, the court or judge is to have regard to the following: > > > > > > (a) the nature and circumstances of the family violence offences referred to in [subsection (2)](#GS29A@Gs2@EN) ; > > > > > > > (b) the risk that the offender may commit further family violence offences; > > > > > > > (c) the offender’s antecedents and character; > > > > > > > (d) any other matter that the court or judge considers relevant. > > > (4)  For the purposes of [subsection (2)](#GS29A@Gs2@EN) , each of the family violence offences taken into account must have been committed within the 10-year period immediately preceding the declaration, unless the court or judge is satisfied that exceptional circumstances exist that make it appropriate to make a declaration under this section. > > > (5)  In determining under [subsection (4)](#GS29A@Gs4@EN) whether exceptional circumstances exist, the court or judge may have regard to any or all of the following: > > > > > > (a) the level of risk that the offender may commit another family violence offence; > > > > > > > (b) the offender’s antecedents and character; > > > > > > > (c) the nature of the family violence offences for which the offender has been convicted; > > > > > > > (d) any other matter that the court or judge considers relevant. > > > (6)  The court or judge – > > > > > > (a) may order the Director of Corrective Services or any other person to prepare and provide to the court or judge a report in relation to the risk of the offender committing further family violence offences or any other matters that the court or judge specifies in the order; and > > > > > > > (b) may have regard to the report for the purpose of determining under [subsection (2)(c)](#GS29A@Gs2@Hpc@EN) whether to declare an offender to be a serial family violence perpetrator. > > > (7)  The court or judge is to provide – > > > > > > (a) the prosecution with a copy of a report that is provided to the court or judge  in accordance with an order under [subsection (6)](#GS29A@Gs6@EN) , other than a report provided to the court or judge by the prosecution; and > > > > > > > (b) the offender with a copy of a report in relation to the offender that is provided to the court or judge in accordance with an order under [subsection (6)](#GS29A@Gs6@EN) .