Penalties and Sentences Act 1992

In deciding whether to make a treatment order for an offender who has committed an offence involving violence against another person, the court must have regard to the following—

the nature and seriousness of the offence, and any previous offences involving violence, committed by the offender;

whether or not the offence resulted in bodily harm, within the meaning of the Criminal Code, section 1, to another person;

any relevant medical, psychiatric or other information available to the court about the offender;

if the offence committed by the offender was a domestic violence offence—the risk of further domestic violence or associated domestic violence, under the Domestic and Family Violence Protection Act 2012, being committed by the offender.

The court must not make a treatment order for the offender if the court is satisfied that, if the order were made, the offender would pose an unacceptable risk to the safety and welfare of—

a person who is in a domestic relationship with the offender; or

a review team member for the treatment order; or

a person employed or engaged by a treatment order agency; or

a member of the community.

In this section—