Western Australian Current Acts Western Australian Current Acts (1) If a court is
given an eligibility assessment report and is satisfied that the respondent is
eligible to attend a behaviour change programme, it must make an order (a
behaviour change order ) requiring the respondent to attend the behaviour
change programme.
(2) However, a court
is not required to make the order if —
(a)
there is already in force a behaviour change 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) An order under
subsection (1) must —
(a)
specify the date by which the respondent must contact the behaviour change
programme provider; and
(b)
require the behaviour change programme provider to give reasonable written
notice to the respondent of the behaviour change programme sessions to be
conducted in the course of that programme; and
(c)
require the respondent to attend each of those sessions.
(4) A respondent who,
without reasonable excuse, contravenes a behaviour change order by failing to
attend a behaviour change programme commits an offence.
Penalty for this subsection: a fine of $1 000.
(5) The respondent is
taken to have contravened the order by failing to attend a behaviour change
programme if the respondent does not attend a behaviour change programme
session at the time and place specified in the notice under subsection (3)(b).
(6) A respondent who
contravenes a behaviour change order is only liable to be prosecuted once for
an offence against subsection (4), regardless of how many behaviour change
programme sessions the respondent fails to attend.
[Section 10M inserted: No. 49 of 2016 s. 14.]