What is a Counselling Order?
The Family Violence Protection Act (2008) enables a Magistrate to require to attend Counselling when making a final order in favour of an AFM.
The Court must first order that the respondent attend for an assessment for suitability for counselling.
The Counsellor undertaking the assessment must provide their report to the Magistrate who ordered the assessment.
The Magistrate upon reading the report may then order the respondent to attend counselling (in connection with family violence). One such course of counselling is the Mens Behaviour Change course.
It is important to note that these Orders to attend for counselling are mandatory, and a respondent who refuses to attend (either for assessment or for ongoing counselling) commits an offence, and is liable for penalties.
When an order for counselling creates a criminal offence if breached
In matters where the Court has jurisdiction, a counselling might be made pursuant to s.127 –
(a) to provide for a relevant court to make orders to assess the eligibility of certain respondents for counselling; and
(b) if appropriate, to require a respondent to attend counselling for the purpose of –
(i) increasing the respondent’s accountability for the violence the respondent has used against a family member; and
(ii) encouraging the respondent to change the respondent’s behaviour
Such an order is only available to be made against a respondent if at the time the final FVIO is made they are an adult and they reside in the relevant court’s postcode jurisdiction.
Unless the Court considers factors relevant to the respondent result in it not being appropriate for that respondent to be the subject of such an order, the court will go on to make an order compelling the respondent to attend for counselling, with the ultimate goal of receiving a report that the respondent has successfully completed the course.