Domestic and Family Violence (DFV) Diversion is a court program designed to divert people using domestic violence away from a criminal justice response into an approved diversion program or counselling to assist them to address their behaviour.
What DFV Diversion aims to do
The DFV Diversion aims to:
- create a diversion opportunity for adults who have been charged with breaching their first domestic violence order (DVO), police protection direction (PPD) or police protection notice (PPN)
- promote accountability for people using violence to take responsibility and address their behaviour
- increase the safety, protection, and wellbeing of victim-survivors.
Eligibility
To be eligible for the DFV Diversion, you must:
- be an adult appearing in the Magistrates Court for your first breach of your first DVO, PPD or PPN
- be granted bail for the alleged offence/s
- have no prior convictions for breaching a DVO, PPD, PPN, release conditions or other domestic violence-related offences
- accept responsibility for the alleged facts regarding the alleged offence/s (this is not the same as pleading guilty and is not admissible in evidence against you in any criminal proceeding)
- agree to be assessed for suitability to participate in the DFV Diversion and be willing to participate in a diversion program or counselling
- not have been referred to DFV Diversion before (you can only be referred to participate in the DFV Diversion once).
Where is DFV Diversion available?
DFV Diversion only operates in the Brisbane Magistrates Court. The program is not currently available at any other court location in Queensland.
Referral
A DFV Diversion Officer is located at the Brisbane Magistrates Court and can help with referrals to DFV Diversion.
If you would like to be considered for DFV Diversion, you can complete an eligibility screening form on the day of your court appearance, with assistance from the DFV Diversion officer and your legal representative (if you have one). This form helps the court determine whether you meet the criteria outlined in section 135C of the Domestic and Family Violence Protection Act 2012 (the Act).
Eligibility screening
Completed eligibility screening forms are given to the court before the mention being heard and will be used to guide the court in making a decision. The DFV Diversion Officer will schedule a suitability assessment appointment with the approved provider delivering the diversion program.
The completed form is shared with the court, you, your legal representative and the prosecution.
Suitability assessment
If the court confirms the person is eligible, it will order a suitability assessment report. The person must complete an assessment with the approved provider by a specified date. The provider will also consider the person’s criminal history and the alleged facts to decide if they are suitable for the program. The person’s matter is adjourned to another court date to give time for the suitability assessment to be done.
After the suitability assessment is finished, the provider will give the court a report showing if the person is suitable for the approved diversion program or counselling.
If the person does not report to the provider for a suitability assessment, the provider must notify the court.
Diversion order
If the court reviews the suitability assessment report and the person is eligible for a diversion order, the person will be required to:
- attend and complete an approved diversion program or counselling
- follow all reasonable directions from the provider.
The program usually runs for about eight weeks. The court will adjourn the matter to allow time for the diversion program or counselling to be completed.
Completing a DFV diversion order
Once the person completes the program or counselling, the provider will notify the court. Once the court receives the notice, the charges are dismissed and the proceeding for the alleged offence/s ends. Once the court gets the notice, the charges are dismissed, and the case for the alleged offence/s ends. This process is handled administratively by the court, so the person does not need to return to court.
Key considerations
Consequences of not completing a DFV diversion order
Failure to attend required sessions or follow the provider’s directions may result in a contravention of the diversion order. In such cases, the provider notifies the court, which may revoke the order. If the order is revoked, the person must enter a plea to the alleged offence/s.
Requesting more time to complete the program
If a person needs more time to complete the program, they can apply to the court to vary the diversion order. It is important that they inform their legal representative and the approved provider of their intention to apply to vary the order.
Withdrawing from the program
If the person no longer wishes to continue with the program, they should seek legal advice. The person, or their legal representative, can apply to the court to revoke the diversion order. If the order is revoked, the person will be required to enter a plea to the alleged offence/s.
New DFV offences or DVOs, PPDs or PPNs during a diversion order
If a person is charged with a new DFV offence or issued a new DVO, PPD or PPN while on a diversion order, the police may apply for the court to revoke the order. If this occurs, the person must enter a plea to the original charges.
Court attendance and bail conditions
While on a DFV diversion order, the person must comply with their bail conditions and attend court when required. Failure to appear in court may result in a warrant being issued and could lead to additional charges under the Bail Act 1980.
More information
Contact us
Brisbane Magistrates Court
Level 4, 363 George Street
Monday to Friday - 8:30am to 4:30pm
Phone: (07) 3738 7111 (after hours - leave a message)
Email: DFVDiversionBrisbane@justice.qld.gov.au
