Chapter 9
Proposal for reform

Other protections during the course of the process

9.163During the course of the alternative programme there would be some ongoing protections. For instance, if at any stage the programme provider believed that it was inappropriate to continue the programme due to concerns that the victim may be at risk of secondary victimisation or that the victim’s physical or emotional safety or the safety of any other person (including the perpetrator) would be compromised by continuing with the programme, the provider could choose to discontinue the programme. In our view this decision would not be reviewable, as the provider would be best placed to make this decision.

9.164If, due to disclosures made by the perpetrator during the course of the programme, the provider considers that the perpetrator poses an unacceptable risk to community safety, it may report the disclosures to the Police or Child, Youth and Family, and suspend the programme. We consider that this decision ought to be reviewable because it concerns more objective issues of community safety. 

9.165If the provider considers that, despite any such disclosures, the victim was not at risk of further harm and that the victim and perpetrator would benefit from continuing with the programme, then the provider may continue with the programme.