129Order to assess eligibility for counselling

129 Order to assess eligibility for counselling S. 129(1) amended by No. 83/2012 s. 16(1). (1) If a relevant court makes a final order in respect of a respondent, it must make an order requiring— S. 129(1)(a) amended by No. 83/2012 s. 16(2), substituted by No. 19/2017 s. 35(1)(a). (a) a counselling assessor to give a report to the relevant court, by a date specified in the order, on whether the respondent is eligible to attend approved counselling to address the violence the subject of the order; and S. 129(1)(b) amended by No. 19/2017 s. 35(1)(b). (b) the respondent to attend an interview with the counselling assessor for the purposes of preparing the report. S. 129(2) amended by No. 83/2012 s. 16(1). (2) However, a relevant court is not required to make the order if— (a) there is already in force an order under this section or section 130 in respect of the respondent; or S. 129(2)(b) amended by No. 83/2012 s. 16(2). (b) the relevant court is satisfied that— S. 129(2)(b)(i) amended by No. 19/2017 s. 35(2). (i) there is no approved counselling that it is reasonably practicable for the respondent to attend; or (ii) in all the circumstances of the case, it is not appropriate to make the order. S. 129(3) amended by No. 19/2017 s. 35(3). (3) The report must assess the respondent as eligible to attend counselling unless the counselling assessor considers that the respondent does not have the ability or capacity to participate in counselling because of one or more of the following— (a) the respondent's character, personal history or language skills; (b) any disabilities of the respondent; (c) any severe psychiatric or psychological conditions of the respondent; (d) any alcohol or other drug problems of the respondent; S. 129(3)(e) amended by No. 19/2017 s. 35(3). (e) any other matters the counselling assessor considers relevant. S. 129(4) amended by No. 83/2012 s. 16(1). (4) Any order under subsection (1) must specify the time and place at which the interview is to be conducted but a relevant court may vary that time and place by the appropriate registrar for the court giving reasonable written notice to the respondent. (5) A respondent who, without reasonable excuse, contravenes an order under this section by failing to attend the interview is guilty of an offence and is liable to a penalty not exceeding 10 penalty units. (6) The respondent is taken to have contravened the order by failing to attend the interview if the respondent fails to attend at the time and place specified in the order or of which the respondent is given notice in accordance with subsection (4). S. 129(7) amended by No. 19/2017 s. 35(4). (7) In this section— ***counselling assessor*** means a person employed by Court Services Victoria to prepare reports for the purposes of this section.