Women’s Charter 1961 · 2020 Revised Edition · Part 7 · Protection Against Family Violence
59. Power to assess at‑risk persons, etc.
Feedback & supportLast amended by an amending law of 2023.
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:
assess Y;
cause Y to be assessed by a qualified assessor;
direct another person to produce Y before a qualified assessor for an assessment.
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.
home
“home”, in relation to a person, means the place or premises at which the person ordinarily resides;
A qualified assessor who assesses a person under this section must submit a report of the assessment to the protector.
qualified assessor
“qualified assessor” means a person whom the Director‑General reasonably considers to be qualified to conduct an assessment under section 59;
A person commits an offence if the person —
without reasonable excuse, fails to comply with a direction under subsection (1)(c) or (2); or
obstructs another person from complying with a direction under subsection (1)(c) or (2).
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.
In this section and section 59A, “assessment” —
means an interview and examination; and
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.