The Court can now make a seperate order requiring a respondent to attend either an intervention program, counselling or both. This is called a Voluntary Intervention Order. The purpose of a Voluntary Intervention Order is to allow a respondent the opportunity to do something positive to address their behaviour and work through the issues that have led to domestic violence.
The Voluntary Intervention Order can be made at the same time as an Order is made making or varying a Domestic Violence Order (Protection Order or DVO). The Court can only make the Order if the respondent is in Court and agrees to the Voluntary Intervention Order being made. The Order cannot be made without the respondent’s consent to comply with the Order.
An appropriate intervention program or counselling must be available in a location reasonably convenient to the respondent and there is criteria that must be met to assess if the respondent is suitable to participate. These criteria include:
- the respondent’s character, personal history and language skills;
- any disabilities, psychiatric or psychological conditions, or alcohol or drug problems, of the respondent;
- the effect of the matters mentioned in paragraph (a) or (b) on the respondent’s ability to participate in group counselling;
- any other relevant matters.
There is no penalty for breaching a Voluntary Intevention Order. However, when making or varying a Domestic Violence Order, the Court can consider whether a respondent has complied with a previous Voluntary Intervention Order. The intervention program or counseller must notify the Court and the Queensland Police Service if a respondent does not comply with a Voluntary Intervention Order.
Once the Respondent has completed an intervention program or counselling, they will be given a notice of completion. This notice will also be provided to the Court and the police commissioner.