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In forceAmended2020 Revised Edition
Contents

Part 7 · Protection Against Family Violence

59. Power to assess at‑risk persons, etc.

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Amended

Last amended by an amending law of 2023.

(1)

Subject to section 59A, a protector may do all or any of the following to find out whether a person (Y) has experienced, is experiencing or is at risk of family violence:

(a)

assess Y;

(b)

cause Y to be assessed by a qualified assessor;

(c)

direct another person to produce Y before a qualified assessor for an assessment.

(2)

If a person is to be assessed at his or her home, the protector may direct any other person to leave or remain outside that place for the duration of the assessment.

(3)

A qualified assessor who assesses a person under this section must submit a report of the assessment to the protector.

(4)

A person commits an offence if the person —

(a)

without reasonable excuse, fails to comply with a direction under subsection (1)(c) or (2); or

(b)

obstructs another person from complying with a direction under subsection (1)(c) or (2).

(5)

A person who is guilty of an offence under subsection (4) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(6)

In this section and section 59A, “assessment” —

(a)

means an interview and examination; and

(b)

includes the taking of X‑rays and a person’s blood and other body samples for testing and analysis; but(c)does not include the administration of medical or dental treatment,and “assess” has a corresponding meaning.

Report

Part 8

Maintenance of Wife, Incapacitated Husband and Children

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules