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Last Updated: 1 December 2016
AN ACT TO PROVIDE GREATER PROTECTION FROM DOMESTIC VIOLENCE, TO CLARIFY THE DUTIES OF THE POLICE IN THAT REGARD, TO INTRODUCE DOMESTIC VIOLENCE RESTRAINING ORDERS AND OTHER MEASURES TO PROMOTE THE SAFETY AND WELLBEING OF VICTIMS OF DOMESTIC VIOLENCE AND TO PROMOTE REHABILITATION OF PERPETRATORS OF DOMESTIC VIOLENCE AND FOR RELATED MATTERS
[DV 58] Safety planning conference58
58
(2) The court may direct that a safety planning conference be conducted if the court is satisfied that—
- (a)such a conference would not put the safety and wellbeing of a person who is, or who seeks to be, protected by a domestic violence restraining order at risk;
- (b)each of those who would participate in the conference—
- (i)are over the age of 18 years;
- (ii)have been informed of the purpose of the conference and the conference procedure; and
- (iii)have agreed to participate in the conference;
- (c)there are suitable facilities at the court house, including an area where parties can remain separate, for the conference procedure specified in subsection (3) to apply;
- (d)conference convenors, as required by the procedure specified in subsection (3), are available to conduct the conference; and
- (e)in all the circumstances and having regard to the objects and principles of this Act, that a safety planning conference should be conducted.
(3) A safety planning conference must be conducted as follows—
- (a)the conference must be jointly convened and conducted by—
- (i)a clerk of the court; and
- (ii)a domestic violence counsellor;
(“the conference convenors”) each of whom has successfully completed prescribed training in relation to the conference procedure;
- (b)a person who is, or seeks to be, protected by a domestic violence restraining order must have a separate support person of their choice present with them during the conference at all times;
- (c)subject to paragraph (d), the conference must be conducted by a shuttle discussion whereby the conference convenors move between the parties but the parties remain in separate locations and not in the presence of the other;
- (d)a person who is, or who seeks to be, protected by a domestic violence restraining order must not be required to be in the presence of the respondent during the conference unless the person gives their free and informed consent and in the view of the conference convenors—
- (i)the person is not likely to be at risk or be subjected to pressure by the respondent; and
- (ii)the process is likely to be constructive having regard to the circumstances of the case, the matters to be resolved and the objects and principles of this Act.
(4) An agreement reached by the parties as a result of a safety planning conference may be confirmed by order of the court subject to the discretion of the court to decline to make any order where the court considers that the proposed order—
- (a)does not accord with the objects and principles of this Act as they apply in the particular case; or
- (b)is contrary to another provision in this Act including, but not limited to, considerations specified in section 53 regarding the making of orders by consent.
(5) Additional details, consistent with this section, concerning arrangements for safety planning conferences may be prescribed by regulations.