We have previously posted an article on what an Intervention Order is. To view that article, click here.
While Intervention Orders are civil in nature, and you can agree to one being made against you without admitting to the allegation being made, however, there are some things to consider first.
- Counselling
Under sections 129 and 130 of the Family Violence Protection Act, the Court must order a respondent to a Family Violence Intervention Order to attend for an assessment on their eligibility for counselling concerning the alleged family violence. This usually applies to male respondents being assessed for a men’s behavioural change program (“the Program”). When the Intervention Order is made, the Court will order you to meet with a worker to assess your eligibility for the Program.
Even if you deny the allegations made against you, you may still be deemed eligible to undertake the Program. This decision is made by the Court staff who meet with you, and you are provided with the assessment to take to the Magistrate. Programs can run after normal work hours; therefore, working full-time is not usually a suitable reason to avoid undertaking the Program.
Men’s Behavioural Change Program
If you are assessed as eligible, you will go back before the Magistrate, who will likely order that you complete the Program.
The Program runs for approximately 26 weeks, with individual sessions in the beginning, and then you will attend group sessions.
A men’s behaviour change program is for men wanting to end their use of controlling and abusive behaviours (including violent incidents) and other problematic behaviours in their relationship. The Program is designed to help men address hurting the people they love most, develop an improved sense of self, and become better partners and fathers.
Risks of not completing the Program
If you fail to complete the Program, you could be summoned to Court and face a fine and/or even a criminal conviction. This would mean that although the Intervention Order originally was not a criminal matter, failing to attend or complete the Program when you were ordered to do so can become a criminal offence.
- Employment Implications
Agreeing to an Intervention Order without admitting to the allegations made is a civil order and not a criminal matter. Therefore, most lawyers will advise you that it will have no implication on you unless you breach the Intervention Order. However, consideration must be taken because it can affect your current and future employment prospects.
Example Case Study – Client C.
Client C and their former partner had cross-intervention order Applications against one another. To avoid the need for a direction hearing and a subsequent contest hearing (where a Magistrate decides whether an Intervention Order is appropriate in the circumstances due to evidence provided), both parties agreed to mutual Intervention Orders against each other without admitting any of the allegations.
This is a common way Intervention Orders can be resolved.
Unfortunately, Client C was unaware that this would significantly impact their future career pursuits in their chosen fields, in which they had spent considerable time and energy obtaining undergraduate and graduate qualifications.
Client C wanted to use their qualifications to pursue work in several sectors, including education, community services, and possibly law enforcement. When seeking legal advice, Client C was advised that as the Intervention Order was not a criminal matter, agreeing to it without admission of the allegations would not affect these pursuits.
Client C subsequently found out that:
- The Victoria Police guidelines state that a person who has a Final Intervention Order, Family Violence or Personal Safety Order against them, whether it was after a finding by a Magistrate or by agreeing without admission to the facts, that person will be ineligible to apply for the Police force for five years after the date of expiration of that Intervention Order. This means that if you agreed to a two-year Intervention Order without admitting to any of the allegations against you, you would be ineligible to apply for the Police force for seven years from when the Intervention Order was finalised.
- The Australian Institute of Family Studies outlines what considerations are taken into account in each state when determining whether a Working with Children Clearance will be given. An example of the complications for Client C is that in NSW and the ACT, Intervention Orders are considered when deciding whether a Working with Children’s Clearance will be granted. For details on the considerations, click on the following link:
https://aifs.gov.au/cfca/publications/pre-employment-screening-working-children-checks-and-police-checks/part-overview
- Some employers working in the disability and/or community sectors require disclosure of all Court appearances in which you have been involved, including Intervention Order proceedings, although they are civil.
Client C has applied for a re-hearing and successfully had the Intervention Order struck out. Unfortunately, as it was in place previously, the Police advised that Client C was still ineligible to apply for five years. However, Client C requested they review this decision, and upon doing so, the Police advised Client C was not prohibited from applying to the Police force.
This is not an exhaustive list of complications that can arise or employment issues that might be impacted. Each profession may have its own requirements. Before consenting to an Intervention Order without admission, you should ensure that you have given every aspect proper consideration and investigate its impacts on your current and future employment.
If you have any questions about the above information or you would like assistance concerning Intervention Order matters, please get in touch with us at 5303 0281 or familylaw@ballaratlawyers.com.au.
The information on this website is general only. It is not legal advice, nor is it intended to be. You should consult a lawyer for individual advice about your particular circumstances.
Liability is limited by a scheme approved under Professional Standards Legislation.
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