Women’s Charter 1961 · s 60E

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—(1) This section applies if the court makes a protection order to restrain X from committing family violence against Y.(2) If the court considers that it may help X to avoid committing family violence against current or future family members, the court —(a)may make a counselling order requiring X to attend counselling or other programmes as directed by a protector; and(b)may also, as part of the counselling order, direct Y and the children of X or Y, or any of them, to attend counselling or other programmes as directed by a protector.(3) A counselling order may be made —(a)on the initiative of the court; or(b)on an application by —(i)the applicant for the protection order; or(ii)a protector.(4) A counselling order may be made —(a)when the court makes the protection order against X; or(b)at any time while the protection order against X has effect.(5) A counselling order must be made for a specified period but a person must not be subject to one or more counselling orders for longer than 36 months in respect of the same protection order.(6) A counselling order may be varied, suspended or revoked by the court —(a)on its own initiative; or(b)on an application by —(i)X;(ii)the applicant for the protection order; or(iii)a protector.(7) If the protection order against X ceases to have effect —(a)a counselling order does not thereby cease to have effect; but(b)the duration of the counselling order must not be extended.(8) A person commits an offence if the person, without reasonable excuse, contravenes a counselling order.(9) However, a contravention of a direction under subsection (2)(b) is not an offence or, despite the Administration of Justice (Protection) Act 2016, a contempt of court.(10) A person who is guilty of an offence under subsection (8) shall be liable on conviction to a fine not exceeding $2,000.(11) This section does not affect the court’s powers under section 139J.
This section applies if the court makes a protection order to restrain X from committing family violence against Y.
If the court considers that it may help X to avoid committing family violence against current or future family members, the court —(a)may make a counselling order requiring X to attend counselling or other programmes as directed by a protector; and(b)may also, as part of the counselling order, direct Y and the children of X or Y, or any of them, to attend counselling or other programmes as directed by a protector.
A counselling order may be made —(a)on the initiative of the court; or(b)on an application by —(i)the applicant for the protection order; or(ii)a protector.
A counselling order may be made —(a)when the court makes the protection order against X; or(b)at any time while the protection order against X has effect.
A counselling order must be made for a specified period but a person must not be subject to one or more counselling orders for longer than 36 months in respect of the same protection order.
A counselling order may be varied, suspended or revoked by the court —(a)on its own initiative; or(b)on an application by —(i)X;(ii)the applicant for the protection order; or(iii)a protector.
If the protection order against X ceases to have effect —(a)a counselling order does not thereby cease to have effect; but(b)the duration of the counselling order must not be extended.
A person commits an offence if the person, without reasonable excuse, contravenes a counselling order.
However, a contravention of a direction under subsection (2)(b) is not an offence or, despite the Administration of Justice (Protection) Act 2016, a contempt of court.
A person who is guilty of an offence under subsection (8) shall be liable on conviction to a fine not exceeding $2,000.
This section does not affect the court’s powers under section 139J.

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s 60ECounselling orders

(1)

This section applies if the court makes a protection order to restrain X from committing family violence against Y.

(2)

If the court considers that it may help X to avoid committing family violence against current or future family members, the court —

(a)

may make a counselling order requiring X to attend counselling or other programmes as directed by a protector; and

(b)

may also, as part of the counselling order, direct Y and the children of X or Y, or any of them, to attend counselling or other programmes as directed by a protector.

(3)

A counselling order may be made —

(a)

on the initiative of the court; or

(b)

on an application by —

(i)

the applicant for the protection order; or

(ii)

a protector.

(4)

A counselling order may be made —

(a)

when the court makes the protection order against X; or

(b)

at any time while the protection order against X has effect.

(5)

A counselling order must be made for a specified period but a person must not be subject to one or more counselling orders for longer than 36 months in respect of the same protection order.

(6)

A counselling order may be varied, suspended or revoked by the court —

(a)

on its own initiative; or

(b)

on an application by —

(i)

(ii)

the applicant for the protection order; or

(iii)

a protector.

(7)

If the protection order against X ceases to have effect —

(a)

a counselling order does not thereby cease to have effect; but(b)the duration of the counselling order must not be extended.

(8)

A person commits an offence if the person, without reasonable excuse, contravenes a counselling order.

(9)

However, a contravention of a direction under subsection (2)(b) is not an offence or, despite the Administration of Justice (Protection) Act 2016, a contempt of court.

(10)

A person who is guilty of an offence under subsection (8) shall be liable on conviction to a fine not exceeding $2,000.

(11)

This section does not affect the court’s powers under section 139J.