(1) The court may, on
the application of the person protected by the final order or on its own
initiative, make an order requiring —
(a) an
eligibility assessor to give a report (an eligibility assessment report ) to
the court, by a date specified in the order, on whether the respondent is
eligible to attend a behaviour change programme; and
(b) the
respondent to attend an interview (an eligibility assessment interview ) with
the eligibility assessor for the purposes of preparing the eligibility
assessment report.
(2) However, a court
is not to make an eligibility assessment order if —
(a)
there is already in force a behaviour management order in respect of the
respondent; or
(b) the
court is satisfied that —
(i)
there is no behaviour change programme that 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.
(3) The eligibility
assessment report must assess the respondent as eligible to attend a behaviour
change programme unless the eligibility assessor considers that the respondent
does not have the ability or capacity to participate in a behaviour change
programme 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 mental health conditions of the respondent;
(d) any
alcohol or other drug problems of the respondent;
(e) any
other matters that the eligibility assessor considers relevant.
(4) An eligibility
assessment order must —
(a)
specify the date by which the respondent must undergo an eligibility
assessment interview; and
(b)
require the eligibility assessor to give reasonable written notice to the
respondent of the interview; and
(c)
require the respondent to attend that interview.
(5) A respondent who,
without reasonable excuse, contravenes an eligibility assessment order by
failing to attend the eligibility assessment interview commits an offence.
Penalty for this subsection: a fine of $1 000.
(6) The respondent is
taken to have contravened the order by failing to attend the eligibility
assessment interview if the respondent does not attend the interview at the
time and place specified in the notice under subsection (4)(b).
[Section 10L inserted: No. 49 of 2016 s. 14.]