{"id":"nsw:act-1998-150","name":"Drug Court Act 1998","slug":"drug-court-act-1998","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"150 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105301,"registerId":"nsw-act-1998-150-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Drug Court Act 1998](/view/html/inforce/current/act-1998-150).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"#### 3 Objects\n\n3 Objects\n\n> > (1) The objects of this Act are—\n> > \n> > > (a) to reduce the drug dependency of eligible persons and eligible convicted offenders, and\n> > \n> > > (b) to promote the re-integration of such drug dependent persons into the community, and\n> > \n> > > (c) to reduce the need for such drug dependent persons to resort to criminal activity to support their drug dependencies.\n> \n> > (2) This Act achieves its objects in relation to eligible persons by establishing a scheme under which drug dependent persons who are charged with criminal offences can be diverted into programs designed to eliminate, or at least reduce, their dependency on drugs.\n> \n> > (2A) This Act achieves its objects in relation to eligible convicted offenders by establishing a scheme for compulsory drug treatment and rehabilitation for certain drug dependent persons.\n> \n> > (3) Reducing a person’s dependency on drugs should reduce the person’s need to resort to criminal activity to support that dependency and should also increase the person’s ability to function as a law abiding citizen.\n> \n> **s 3:** Am 2002 No 93, Sch 1 \\[1\\] \\[2\\]; 2004 No 42, Sch 1 \\[1\\]–\\[3\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > Compulsory Drug Treatment Correctional Centre has the same meaning as in Part 4A of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> > \n> > compulsory drug treatment detention means detention in accordance with Part 4A of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> > \n> > compulsory drug treatment order means an order made under section 18C.\n> > \n> > court includes a Judge of the Local Court.\n> > \n> > Drug Court mean the Drug Court of New South Wales constituted by this Act.\n> > \n> > drug offender means a person who has been dealt with under section 7A or 7B.\n> > \n> > eligible convicted offender is defined in section 5A.\n> > \n> > eligible person is defined in section 5.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > initial sentence means any sentence imposed on a person in accordance with section 7A or 7B, and includes any sentence that is added to the initial sentence in accordance with section 7C.\n> > \n> > Judge means a person appointed to be a Drug Court Judge, as referred to in section 20 (1).\n> > \n> > member of staff of the Drug Court means any person appointed as an officer of the Drug Court as referred to in section 28 (1) or whose services are used by the Drug Court as referred to in section 28 (2), and includes any other person prescribed by the regulations.\n> > \n> > program means the program of supervision and control that arises from the conditions accepted by a person and imposed by the Drug Court under section 7A (5) (a) or 7B (7) (a).\n> > \n> > referring court means the court by which a person has been referred to the Drug Court under section 6 or 7.\n> > \n> > registrar means the registrar of the Drug Court.\n> > \n> > Senior Judge means the person appointed to be the Senior Judge of the Drug Court, as referred to in section 21 (1).\n> > \n> > suspension order means an order under section 7A (5) (b) or 7B (7) (b) by which a person’s initial sentence is suspended for the duration of the person’s program.\n> \n> > (2) In this Act, a reference to the criminal jurisdiction of the Local Court includes a reference to the jurisdiction exercisable by a Judge of the Local Court under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209).\n> \n> **s 4:** Am 2001 No 121, Sch 2.87 \\[1\\] \\[2\\]; 2003 No 27, Sch 9 \\[1\\]; 2004 No 42, Sch 1 \\[4\\]; 2006 No 107, Sch 1.14 \\[1\\]–\\[6\\]; 2007 No 94, Sch 2; 2025 No 61, Sch 2.38\\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definition of “eligible person”","content":"#### 5 Definition of “eligible person”\n\n5 Definition of “eligible person”\n\n> > (1) A person is an eligible person if—\n> > \n> > > (a) the person is charged with an offence, other than an offence referred to in subsection (2), and\n> > \n> > > (b) the facts alleged in connection with the offence, together with the person’s antecedents and any other information available to the court, indicate that it is highly likely that the person will, if convicted, be required to serve a sentence of full-time imprisonment, and\n> > \n> > > (c) the person has pleaded guilty to, or indicated that he or she intends to plead guilty to, the offence, and\n> > \n> > > (d) the person appears to be dependent on the use of prohibited drugs (within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226)) or other drugs prescribed by the regulations, and\n> > \n> > > (e) the person satisfies such other criteria as are prescribed by the regulations.\n> \n> > (2) A person is not an eligible person if the person is charged with—\n> > \n> > > (a) an offence punishable under Division 2 of Part 2 of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), not being an offence that (under Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)) is capable of being dealt with summarily, or\n> > \n> > > (b) an offence involving violent conduct or sexual assault, or\n> > \n> > > (c) any other offence of a kind prescribed by the regulations.\n> \n> **s 5:** Am 1999 No 47, Sch 1 \\[1\\]; 1999 No 94, Sch 4.18 \\[1\\]; 2001 No 121, Sch 2.87 \\[3\\].","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Definition of “eligible convicted offender”","content":"#### 5A Definition of “eligible convicted offender”\n\n5A Definition of “eligible convicted offender”\n\n> > (1) A person is an eligible convicted offender if—\n> > \n> > > (a) the person is convicted of an offence, other than an offence referred to in subsection (2), and\n> > \n> > > (b) except as provided for by subsection (1A), the person has been sentenced to a term of imprisonment for the offence to be served by way of full-time detention and at the time that the sentence was imposed—\n> > > \n> > > > (i) the unexpired non-parole period of the sentence was a period of at least 18 months, and\n> > > \n> > > > (ii) the unexpired total sentence was a period of not more than 6 years, and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) the person has a long-term dependency on the use of prohibited drugs (within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226)) or other drugs prescribed by the regulations, and\n> > \n> > > (e) the facts in connection with the offence for which the person has been sentenced, together with the person’s antecedents and any other information available, indicate that the offence was related to the person’s long-term drug dependency and associated lifestyle, and\n> > \n> > > (f) the person satisfies such other criteria as are prescribed by the regulations.\n> \n> > (1A) Subsection (1) (b) does not prevent a person whose parole order has been revoked from being an eligible convicted offender if the person is a relevant person within the meaning of section 18BA (State Parole Authority to refer certain offenders whose parole is revoked to Drug Court).\n> \n> > (2) A person is not an eligible convicted offender if—\n> > \n> > > (a) the offence for which the person has been convicted involved the use of a firearm, or\n> > \n> > > (b) the person has been convicted at any time of any of the following—\n> > > \n> > > > (i) murder, attempted murder or manslaughter,\n> > > \n> > > > (ii) sexual assault of an adult or child or a sexual offence involving a child,\n> > > \n> > > > (iii) any offence involving the violent use of a firearm,\n> > > \n> > > > (iv) an offence under section 23 (2), 24 (2), 25 (2), 26, 27 or 28 of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) involving a commercial quantity or large commercial quantity of a prohibited plant or prohibited drug within the meaning of that Act,\n> > > \n> > > > (v) any offence prescribed by the regulations for the purposes of this section.\n> \n> > (3) A person is not an eligible convicted offender if, in the opinion of the Drug Court—\n> > \n> > > (a) the person suffers from a mental condition, illness or disorder that—\n> > > \n> > > > (i) is serious, or\n> > > \n> > > > (ii) leads to the person being violent, and\n> > \n> > > (b) the mental condition, illness or disorder could prevent or restrict the person’s active participation in a drug treatment program.\n> \n> **s 5A:** Ins 2004 No 42, Sch 1 \\[5\\]. Am 2006 No 56, Sch 2 \\[1\\]–\\[4\\]; 2014 No 45, Sch 1 \\[1\\]–\\[4\\].","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Drug Court programs","content":"# Part 2 Drug Court programs\n\nPart 2 Drug Court programs","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Acceptance into program","content":"## Division 1 Acceptance into program\n\nDivision 1 Acceptance into program\n\n**pt 2, div 1, hdg:** Am 2003 No 27, Sch 9 \\[2\\]. Subst 2006 No 107, Sch 1.14 \\[7\\].\n\n**pt 2, div 1:** Subst 2006 No 107, Sch 1.14 \\[7\\].","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Courts may refer persons to Drug Court during proceedings for offence","content":"#### 6 Courts may refer persons to Drug Court during proceedings for offence\n\n6 Courts may refer persons to Drug Court during proceedings for offence\n\n> > (1) This section applies to such courts and proceedings as are prescribed by the regulations.\n> \n> > (2) It is the duty of a court before which a person is charged with an offence or to which a person appeals against a sentence imposed by some other court—\n> > \n> > > (a) to ascertain whether the person appears to be an eligible person, and\n> > \n> > > (b) if so, to ascertain whether the person is willing to be referred to the Drug Court to be dealt with for the offence, and\n> > \n> > > (c) if so, to refer the person to the Drug Court to be dealt with for the offence.\n> \n> > (3) The power conferred on a court by this section is to be exercised as soon as practicable after the person first comes before the court in connection with the offence, but may be exercised at any time—\n> > \n> > > (a) in the case of a Judge of the Local Court conducting committal proceedings under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), before the judge has committed the person for trial or sentence in relation to that offence, and\n> > \n> > > (b) in any other case, before the person is sentenced or re-sentenced for the offence.\n> \n> **s 6:** Am 1999 No 47, Sch 1 \\[2\\] \\[3\\]; 2001 No 121, Sch 2.87 \\[4\\]. Subst 2006 No 107, Sch 1.14 \\[7\\]. Am 2025 No 61, Sch 2.38\\[1\\] \\[2\\].","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond","content":"#### 7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond\n\n7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond\n\n> > (1) This section applies—\n> > \n> > > (a) in relation to a person who is, at the time of his or her appearance in court, participating in a program into which he or she has been accepted as a result of previous proceedings under this Act—to any court before which such a person appears, or\n> > \n> > > (b) in relation to any other person—to such courts and proceedings as are prescribed by the regulations.\n> \n> > (2) It is the duty of a court before whom an offender appears under section 98 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in connection with an alleged failure to comply with the conditions of a good behaviour bond imposed under section 12 of that Act (as previously in force)—\n> > \n> > > (a) to ascertain whether the person appears to be an eligible person, and\n> > \n> > > (b) if so, to ascertain whether the person is willing to be referred to the Drug Court to be dealt with for the alleged failure, and\n> > \n> > > (c) if so, to refer the person to the Drug Court to be dealt with for the alleged failure.\n> \n> > (3) The power conferred on a court by this section is to be exercised as soon as practicable after the person’s first appearance before the court in relation to the alleged failure.\n> \n> > (4) This section does not apply to an offender who, at the time of his or her appearance before the court, is in custody under a sentence of full-time imprisonment.\n> \n> **s 7:** Am 1999 No 47, Sch 1 \\[4\\]–\\[8\\]; 2002 No 93, Sch 1 \\[3\\]–\\[5\\]; 2003 No 27, Sch 9 \\[3\\]–\\[5\\]; 2005 No 11, Sch 3.11 \\[1\\]. Subst 2006 No 107, Sch 1.14 \\[7\\]. Am 2017 No 53, Sch 4.17 \\[1\\].","sortOrder":10},{"sectionNumber":"7A","sectionType":"section","heading":"Persons accepted into program in relation to offence","content":"#### 7A Persons accepted into program in relation to offence\n\n7A Persons accepted into program in relation to offence\n\n> > (1) This section applies to a person who has been referred to the Drug Court under section 6.\n> \n> > (2) The Drug Court may deal with a person under this section in relation to an offence if, and only if, it is satisfied as to each of the following matters—\n> > \n> > > (a) that the person is an eligible person,\n> > \n> > > (b) that the person has pleaded guilty to the offence (whether before the referring court or the Drug Court) and has been found guilty of the offence,\n> > \n> > > (c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act,\n> > \n> > > (d) that facilities to supervise and control the person’s participation in such a program are available, and have been allocated to the person, in accordance with the guidelines prescribed by the regulations,\n> > \n> > > (e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her conviction and sentence under this section,\n> > \n> > > (f) that the person has been informed of the Drug Court’s powers under Division 2 and of the respective consequences, as regards the sentence to be imposed under section 12, of the person’s compliance or non-compliance with a program,\n> > \n> > > (g) that any person (an affected person) with whom it is likely the person would reside during the period of the person’s participation in a program under this Act has consented in writing to the person residing with the affected person during that period.\n> \n> > (3) Subject to subsection (4), the Drug Court deals with a person under this section in relation to an offence by convicting the person and sentencing the person in accordance with the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).\n> \n> > (4) Sections 44–48 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) do not apply to the conviction and sentencing of a person under this section.\n> \n> > (5) On or within 14 days after sentencing the person, the Drug Court—\n> > \n> > > (a) must make an order imposing on the person the conditions that the person has accepted as referred to in subsection (2) (e) (the person’s program), and\n> > \n> > > (b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s suspension order).\n> \n> > (6) An order referred to in subsection (5) (a) or (b) may be made in the absence of the person in respect of whom it is made.\n> \n> > (7) The kinds of conditions that the Drug Court may impose on the person under this section are as follows—\n> > \n> > > (a) conditions relating to conduct and good behaviour,\n> > \n> > > (b) conditions relating to attendance for counselling or other treatment,\n> > \n> > > (c) conditions relating to the supervision of the person for the duration of a program under this Act,\n> > \n> > > (d) conditions relating to drug testing that the person must undergo,\n> > \n> > > (e) conditions relating to residence, association with other persons or attendance at specified locations,\n> > \n> > > (f) conditions relating to involvement in activities, courses, training or employment for the purpose of promoting the re-integration of the person into the community,\n> > \n> > > (g) conditions relating to conferring rewards of the kind referred to in section 16 (1),\n> > \n> > > (h) conditions relating to the imposition of sanctions of the kind referred to in section 16 (2),\n> > \n> > > (i) any other kinds of conditions that may be prescribed by the regulations,\n> > \n> > > (j) such other conditions as the Drug Court considers appropriate in the circumstances.\n> \n> > (8) A person who is convicted and sentenced by the Drug Court under this section may, at the same time or any later time—\n> > \n> > > (a) be convicted and sentenced for any other offence to which he or she has pleaded guilty (other than an offence referred to in section 5 (2)), whether or not the person has been referred to the Drug Court under section 6 in relation to that other offence, or\n> > \n> > > (b) be dealt with in proceedings under—\n> > > \n> > > > (i) section 107C of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) on the revocation of a community correction order, or\n> > > \n> > > > (ii) section 108C of that Act on the revocation of a conditional release order, or\n> > > \n> > > > (iii) section 98 or 99 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) on the revocation of a good behaviour bond imposed under section 12 of that Act (as previously in force), whether or not the person has been referred to the Drug Court under section 7 in relation to the failure to comply with the conditions of the good behaviour bond, or\n> > \n> > > (c) be dealt with under both paragraphs (a) and (b).\n> \n> > (9) Subsections (5) and (6) apply to a sentence under subsection (8) in the same way as they apply to a sentence under subsection (2).\n> \n> > (10) Nothing in this Act entitles a person to be convicted and sentenced under this section, and no appeal lies against any decision by the Drug Court not to convict or sentence a person under this section.\n> \n> > (11) A suspension order does not operate to suspend any period of disqualification from holding a driver licence imposed by or under the road transport legislation within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> > (12) For the purposes of subsection (2) (g)—\n> > \n> > > (a) the consent of children below a prescribed age, and\n> > \n> > > (b) the consent of persons suffering a prescribed disability,\n> > \n> > may be given on their behalf by such other persons as the regulations may determine or may, if the regulations so provide, be dispensed with.\n> \n> > (13) In this section, a reference to the convicting and sentencing of a person is, in the case of a person who is referred to the Drug Court after having been convicted, a reference to the sentencing of the person only.\n> \n> **s 7A:** Ins 2006 No 107, Sch 1.14 \\[7\\]. Am 2013 No 19, Sch 3; 2017 No 53, Sch 4.17 \\[2\\]; 2017 No 57, Sch 3.3 \\[1\\].","sortOrder":11},{"sectionNumber":"7B","sectionType":"section","heading":"Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond","content":"#### 7B Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond\n\n7B Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond\n\n> > (1) This section applies to a person—\n> > \n> > > (a) who has been referred to the Drug Court under section 7, or\n> > \n> > > (b) who has been called on by the Drug Court to appear before it under—\n> > > \n> > > > (i) section 107C of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to a community correction order, or\n> > > \n> > > > (ii) section 108C of that Act in relation to a conditional release order, or\n> > > \n> > > > (iii) section 98 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in relation to a good behaviour bond under section 12 (as previously in force),\n> > \n> > not being a person who is currently participating in a program into which the person has been accepted as a result of previous proceedings under this Act.\n> \n> > (2) The Drug Court may deal with a person under this section in relation to an alleged failure to comply with the conditions of the relevant community correction order, conditional release order or good behaviour bond if, and only if, it is satisfied as to each of the following matters—\n> > \n> > > (a) that the person is an eligible person,\n> > \n> > > (b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the order or bond,\n> > \n> > > (c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act,\n> > \n> > > (d) that facilities to supervise and control the person’s participation in such a program are available, and have been allocated to the person, in accordance with the guidelines prescribed by the regulations,\n> > \n> > > (e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her being dealt with under this section,\n> > \n> > > (f) that the person has been informed of the Drug Court’s powers under Division 2 and of the respective consequences, as regards the sentence to be imposed under section 12, of the person’s compliance or non-compliance with a program,\n> > \n> > > (g) that any person (an affected person) with whom it is likely the person would reside during the period of the person’s participation in a program under this Act has consented in writing to the person residing with the affected person during that period.\n> \n> > (3) Subject to subsections (4) and (5), the Drug Court deals with a person under this section in relation to a failure to comply with the conditions of a community correction order, conditional release order or good behaviour bond by revoking the order or bond, and convicting and sentencing the person, in accordance with the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).\n> \n> > (4) The provisions of—\n> > \n> > > (a) section 107D of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) do not apply to a community correction order that is revoked under subsection (3) of this section, and\n> > \n> > > (b) section 108D of that Act do not apply to a conditional release order that is revoked under that subsection, and\n> > \n> > > (c) section 99 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) do not apply to a good behaviour bond that is revoked under that subsection.\n> \n> > (5) Sections 44–48 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) do not apply to the conviction and sentencing of a person under this section.\n> \n> > (6) For the purposes of this Act, the sentence of imprisonment in relation to which a good behaviour bond referred to in section 12 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) was entered into under that Act is taken to be the sentence imposed under subsection (3) in relation to the bond.\n> \n> > (7) On or within 14 days after sentencing the person, the Drug Court—\n> > \n> > > (a) must make an order imposing on the person the conditions that the person has accepted as referred to in subsection (2) (e) (the person’s program), and\n> > \n> > > (b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s suspension order).\n> \n> > (8) An order referred to in subsection (7) (a) or (b) may be made in the absence of the person in respect of whom it is made.\n> \n> > (9) The kinds of conditions that the Drug Court may impose on the person under this section are as follows—\n> > \n> > > (a) conditions relating to conduct and good behaviour,\n> > \n> > > (b) conditions relating to attendance for counselling or other treatment,\n> > \n> > > (c) conditions relating to the supervision of the person for the duration of a program under this Act,\n> > \n> > > (d) conditions relating to drug testing that the person must undergo,\n> > \n> > > (e) conditions relating to residence, association with other persons or attendance at specified locations,\n> > \n> > > (f) conditions relating to involvement in activities, courses, training or employment for the purpose of promoting the re-integration of the person into the community,\n> > \n> > > (g) conditions relating to conferring rewards of the kind referred to in section 16 (1),\n> > \n> > > (h) conditions relating to the imposition of sanctions of the kind referred to in section 16 (2),\n> > \n> > > (i) any other kinds of conditions that may be prescribed by the regulations,\n> > \n> > > (j) such other conditions as the Drug Court considers appropriate in the circumstances.\n> \n> > (10) Nothing in this Act entitles a person to be convicted and sentenced under this section, and no appeal lies against any decision by the Drug Court not to convict or sentence a person under this section.\n> \n> > (11) A suspension order does not operate to suspend any period of disqualification from holding a driver licence imposed by or under the road transport legislation within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018).\n> \n> > (12) For the purposes of subsection (2) (g)—\n> > \n> > > (a) the consent of children below a prescribed age, and\n> > \n> > > (b) the consent of persons suffering a prescribed disability,\n> > \n> > may be given on their behalf by such other persons as the regulations may determine or may, if the regulations so provide, be dispensed with.\n> \n> > (13) In this section, a reference to the convicting and sentencing of a person is, in the case of a person who is referred to the Drug Court after having been convicted, a reference to the sentencing of the person only.\n> \n> **s 7B:** Ins 2006 No 107, Sch 1.14 \\[7\\]. Am 2013 No 19, Sch 3; 2017 No 53, Sch 4.17 \\[3\\]–\\[7\\]; 2017 No 57, Sch 3.3 \\[1\\].","sortOrder":12},{"sectionNumber":"7C","sectionType":"section","heading":"Persons allowed to continue in program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond","content":"#### 7C Persons allowed to continue in program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond\n\n7C Persons allowed to continue in program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond\n\n> > (1) This section applies to a person—\n> > \n> > > (a) who has been referred to the Drug Court under section 7, or\n> > \n> > > (b) who has been called on by the Drug Court to appear before it under—\n> > > \n> > > > (i) section 107C of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to a community correction order, or\n> > > \n> > > > (ii) section 108C of that Act in relation to a conditional release order, or\n> > > \n> > > > (iii) section 98 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in relation to a good behaviour bond under section 12 (as previously in force),\n> > \n> > being a person who is currently participating in a program into which the person has been accepted as a result of previous proceedings under this Act.\n> \n> > (2) The Drug Court may deal with a person under this section in relation to an alleged failure to comply with the conditions of the relevant good behaviour bond if, and only if, it is satisfied as to each of the following matters—\n> > \n> > > (a) that the person is an eligible person,\n> > \n> > > (b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the bond,\n> > \n> > > (c) that, having regard to the person’s antecedents, it would be appropriate for the person to continue to participate in a program under this Act,\n> > \n> > > (d) that the person consents to being dealt with under this section,\n> > \n> > > (e) that the person accepts the conditions imposed by this Act and the conditions that the Drug Court proposes to impose on the person (whether immediately or at some later date) as a consequence of his or her conviction and sentence under this section.\n> \n> > (3) Subject to subsections (4) and (5), the Drug Court deals with a person under this section in relation to a failure to comply with the conditions of a community correction order, conditional release order or good behaviour bond by revoking the order or bond, and convicting and sentencing the person, in accordance with the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).\n> \n> > (4) The provisions of—\n> > \n> > > (a) section 107D of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) do not apply to a community correction order that is revoked under subsection (3) of this section, and\n> > \n> > > (b) section 108D of that Act do not apply to a conditional release order that is revoked under that subsection, and\n> > \n> > > (c) section 99 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) do not apply to a good behaviour bond that is revoked under that subsection.\n> \n> > (5) Sections 44–48 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) do not apply to the conviction and sentencing of a person under this section.\n> \n> > (6) For the purposes of this Act, the sentence of imprisonment in relation to which a good behaviour bond referred to in section 12 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) was entered into under that Act is taken to be the sentence imposed under subsection (3) in relation to the bond.\n> \n> > (7) On or within 14 days after sentencing the person, the Drug Court—\n> > \n> > > (a) must make an order imposing on the person the conditions that the person has accepted as referred to in subsection (2) (e) (the person’s program), and\n> > \n> > > (b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s suspension order).\n> \n> > (8) Nothing in this Act entitles a person to be convicted and sentenced under this section, and no appeal lies against any decision by the Drug Court not to convict or sentence a person under this section.\n> \n> **s 7C:** Ins 2006 No 107, Sch 1.14 \\[7\\]. Am 2017 No 53, Sch 4.17 \\[8\\]–\\[10\\]; 2017 No 57, Sch 3.3 \\[1\\].","sortOrder":13},{"sectionNumber":"7D","sectionType":"section","heading":"Persons not accepted into program in relation to offence","content":"#### 7D Persons not accepted into program in relation to offence\n\n7D Persons not accepted into program in relation to offence\n\n> > (1) This section applies to a person who has been referred to the Drug Court under section 6 but whom the Drug Court has not dealt with under section 7A.\n> \n> > (2) The Drug Court may deal with a person under this section in relation to an offence if, and only if, it is satisfied as to each of the following matters—\n> > \n> > > (a) that the person has pleaded guilty to the offence (whether before the referring court or the Drug Court) and has been found guilty of the offence,\n> > \n> > > (b) that the person consents to being dealt with under this section.\n> \n> > (3) The Drug Court deals with a person under this section in relation to an offence by convicting the person and sentencing the person in accordance with the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).\n> \n> > (4) If the person does not consent to being dealt with under this section or in such other circumstances as the Drug Court may determine, the Drug Court is to refer the person back to the referring court.\n> \n> > (5) In the case of a person who has been referred to the Drug Court for 2 or more offences by 2 or more referring courts, the Drug Court may refer the person back to any one of the referring courts to be dealt with—\n> > \n> > > (a) for the offences for which the person was referred by that court, and\n> > \n> > > (b) for such of the other offences as are within the criminal jurisdiction of that court.\n> \n> > (6) In dealing with a person for an offence referred to in subsection (5) (b), the court to which the person is referred back is taken to be the referring court for the purposes of subsection (7).\n> \n> > (7) If the Drug Court refers a person back to the referring court, the proceedings against the person are to be continued before the referring court at a time and place specified in the order, as if—\n> > \n> > > (a) the person had not been referred to the Drug Court, and\n> > \n> > > (b) the proceedings had merely been adjourned to the time and place specified in the order.\n> \n> > (8) A person who is convicted and sentenced by the Drug Court under this section may, at the same time or any later time—\n> > \n> > > (a) be convicted and sentenced for any other offence to which he or she has pleaded guilty (other than an offence referred to in section 5 (2)), whether or not the person has been referred to the Drug Court under section 6 in relation to that other offence, or\n> > \n> > > (b) be dealt with in proceedings under—\n> > > \n> > > > (i) section 107C of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) on the revocation of a community correction order, or\n> > > \n> > > > (ii) section 108C of that Act on the revocation of a conditional release order, or\n> > > \n> > > > (iii) section 98 or 99 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) on the revocation of a good behaviour bond imposed under section 12 of that Act (as previously in force), whether or not the person has been referred to the Drug Court under section 7 in relation to the failure to comply with the conditions of the good behaviour bond, or\n> > \n> > > (c) be dealt with under both paragraphs (a) and (b).\n> \n> > (9) In this section, a reference to the convicting and sentencing of a person is, in the case of a person who is referred to the Drug Court after having been convicted, a reference to the sentencing of the person only.\n> \n> **s 7D:** Ins 2006 No 107, Sch 1.14 \\[7\\]. Am 2017 No 53, Sch 4.17 \\[11\\].","sortOrder":14},{"sectionNumber":"7E","sectionType":"section","heading":"Persons not accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond","content":"#### 7E Persons not accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond\n\n7E Persons not accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond\n\n> > (1) This section applies to a person—\n> > \n> > > (a) who has been referred to the Drug Court under section 7, or\n> > \n> > > (b) who has been called on by the Drug Court to appear before it under the relevant provisions referred to in subsection (3),\n> > \n> > but whom the Drug Court has not dealt with under section 7B or 7C.\n> \n> > (2) The Drug Court is to deal with a person to whom this section applies in accordance with those relevant provisions.\n> \n> > (3) For the purposes of this section, the relevant provisions are—\n> > \n> > > (a) section 107C of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to a community correction order, or\n> > \n> > > (b) section 108C of that Act in relation to a conditional release order, or\n> > \n> > > (c) section 98 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act) in relation to a good behaviour bond under section 12 (as previously in force).\n> \n> **s 7E:** Ins 2006 No 107, Sch 1.14 \\[7\\]. Subst 2017 No 53, Sch 4.17 \\[12\\].","sortOrder":15},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8 (Repealed)","sortOrder":16},{"sectionNumber":"Division 1A","sectionType":"division","heading":null,"content":"## Division 1A\n\nDivision 1A\n\n8AA–8AD (Repealed)\n\n**pt 2, div 1A:** Ins 2003 No 27, Sch 9 \\[8\\]. Rep 2006 No 107, Sch 1.14 \\[7\\].\n\n**s 8AA:** Ins 2003 No 27, Sch 9 \\[8\\]. Rep 2006 No 107, Sch 1.14 \\[7\\].\n\n**s 8AB:** Ins 2003 No 27, Sch 9 \\[8\\]. Am 2005 No 11, Sch 3.11 \\[2\\]. Rep 2006 No 107, Sch 1.14 \\[7\\].\n\n**s 8AC:** Ins 2003 No 27, Sch 9 \\[8\\]. Rep 2006 No 107, Sch 1.14 \\[7\\].\n\n**s 8AD:** Ins 2003 No 27, Sch 9 \\[8\\]. Rep 2006 No 107, Sch 1.14 \\[7\\].","sortOrder":18},{"sectionNumber":"Division 2","sectionType":"division","heading":"Administration of program","content":"## Division 2 Administration of program\n\nDivision 2 Administration of program","sortOrder":19},{"sectionNumber":"8A","sectionType":"section","heading":"Statutory conditions of program","content":"#### 8A Statutory conditions of program\n\n8A Statutory conditions of program\n\n> > (1) It is a condition of a drug offender’s program that the Drug Court may, with the consent of the drug offender, commit the drug offender to a correctional centre for up to 21 days at a time if, in the opinion of the Drug Court, such action is necessary to facilitate—\n> > \n> > > (a) detoxification of the drug offender, or\n> > \n> > > (b) assessment of the drug offender’s participation in the program, or\n> > \n> > > (c) the development of a suitable treatment plan.\n> \n> > (2) However, a drug offender is not to be committed to a correctional centre for detoxification unless the Drug Court is satisfied that no other suitable facilities are immediately available.\n> \n> > (3) A consent referred to in subsection (1) that is given by a drug offender in relation to the committal of the drug offender to a correctional centre for a particular period of time is irrevocable during that period.\n> \n> > (4) A drug offender does not fail to comply with his or her program merely because the drug offender fails to give a consent referred to in subsection (1).\n> \n> **s 8A:** Ins 1999 No 47, Sch 1 \\[12\\]. Am 2002 No 93, Sch 1 \\[6\\] \\[7\\].","sortOrder":20},{"sectionNumber":"9","sectionType":"section","heading":"Variation of conditions of program","content":"#### 9 Variation of conditions of program\n\n9 Variation of conditions of program\n\n> > (1) The Drug Court may from time to time, in accordance with a drug offender’s program, vary the program by adding new conditions to, or varying or revoking existing conditions of, the program.\n> \n> > (2) No appeal lies against any decision by the Drug Court to vary a drug offender’s program under this section.","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Proceedings for non-compliance with program","content":"#### 10 Proceedings for non-compliance with program\n\n10 Proceedings for non-compliance with program\n\n> > (1) If it is satisfied, on the balance of probabilities, that a drug offender has failed to comply with his or her program, the Drug Court—\n> > \n> > > (a) may, in accordance with the program, impose any one or more of the sanctions specified in the program as sanctions that the Court may impose on the drug offender, or\n> > \n> > > (b) if it is also satisfied, on the balance of probabilities, that the offender is unlikely to make any further progress in the program or that the offender’s further participation in the program poses an unacceptable risk to the community that the person may re-offend—may decide to terminate the program.\n> \n> > (2) Without affecting the other circumstances in which a drug offender is taken to have failed to comply with his or her program, a drug offender is taken to have failed to comply with the program if the drug offender is charged before a court with an offence referred to in section 5 (2).\n> \n> > (3) No appeal lies in relation to any action taken or decision made by the Drug Court under this section.\n> \n> **s 10:** Am 2002 No 93, Sch 1 \\[8\\].","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Termination of program","content":"#### 11 Termination of program\n\n11 Termination of program\n\n> > (1) The Drug Court may terminate a drug offender’s program—\n> > \n> > > (a) if the Drug Court is satisfied on the balance of probabilities that, having regard to the objects of this Act, the drug offender has substantially complied with the program, or\n> > \n> > > (b) if the drug offender requests the Drug Court to terminate the program, or\n> > \n> > > (c) if the Drug Court decides to terminate the program as referred to in section 10 (1) (b).\n> \n> > (2) No appeal lies against the Drug Court’s termination of a drug offender’s program.\n> \n> **s 11:** Am 2002 No 93, Sch 1 \\[9\\].","sortOrder":23},{"sectionNumber":"12","sectionType":"section","heading":"Imposition of final sentence","content":"#### 12 Imposition of final sentence\n\n12 Imposition of final sentence\n\n> > (1) On terminating a drug offender’s program, the Drug Court must reconsider the drug offender’s initial sentence.\n> \n> > (2) In reconsidering a drug offender’s initial sentence, the Drug Court must take into consideration—\n> > \n> > > (a) the nature of the drug offender’s participation in his or her program, and\n> > \n> > > (b) any sanctions that have been imposed on the drug offender during the program, and\n> > \n> > > (c) any time for which the drug offender has been held in custody in connection with an offence to which his or her program relates, including time during which the person has undergone imprisonment—\n> > > \n> > > > (i) under the sentence, or\n> > > \n> > > > (ii) under the condition of the program arising under section 8A.\n> \n> > (3) After considering a drug offender’s initial sentence, the Drug Court is to determine the drug offender’s final sentence—\n> > \n> > > (a) by making an order setting aside the initial sentence and taking such action under Part 2 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) as it could have taken for the offence to which the initial sentence related, or\n> > \n> > > (b) by making an order confirming the initial sentence.\n> \n> > (4) The final sentence determined for a drug offender in relation to an offence is not to be greater than the initial sentence imposed on the drug offender in relation to that offence.\n> \n> > (5) For the purpose of making an order under subsection (3) in relation to an initial sentence imposed before the commencement of this subsection, subsections (3) and (4) have effect as if the amendments made to the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) by the [Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017](/view/html/repealed/current/act-2017-053) were in force when the initial sentence was imposed.\n> \n> **s 12:** Am 1999 No 47, Sch 1 \\[13\\]; 1999 No 94, Sch 4.18 \\[2\\] \\[3\\]; 2017 No 53, Sch 4.17 \\[13\\].","sortOrder":24},{"sectionNumber":"12A","sectionType":"section","heading":"Special jurisdiction—traffic matters","content":"#### 12A Special jurisdiction—traffic matters\n\n12A Special jurisdiction—traffic matters\n\n> > (1) If a drug offender’s program is terminated, the Drug Court may, on application by the drug offender, exercise the same functions as the Local Court under Division 3A of Part 7.4 of Chapter 7 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) in relation to any licence disqualifications to which the drug offender is then subject.\n> \n> > (2) Accordingly, the Drug Court may make any order under section 221B of that Act removing all licence disqualifications to which the drug offender is then subject in the circumstances provided for by that Division.\n> > \n> > Note.\n> > \n> > Section 221B of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) permits licence disqualifications to be removed on application by a disqualified person if the Court considers it appropriate to do so. Licence disqualifications may be removed only if the disqualified person has not been convicted of any driving offence for conduct during the relevant offence-free period.\n> \n> > (3) Division 3A of Part 7.4 of Chapter 7 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) applies to the Drug Court as if a reference to the Local Court included a reference to the Drug Court.\n> \n> > (4) No appeal under the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) or section 5AF of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) lies against a decision of the Drug Court under that Division.\n> \n> > (5) The rules of court may include provisions relating to the practice and procedure for applications and orders by the Drug Court under this section.\n> \n> **s 12A:** Ins 2018 No 87, Sch 1.17 \\[1\\].","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Revocation of suspension order","content":"#### 13 Revocation of suspension order\n\n13 Revocation of suspension order\n\n> On sentencing a drug offender under section 12, the Drug Court is to revoke the drug offender’s suspension order.","sortOrder":26},{"sectionNumber":"Division 3","sectionType":"division","heading":"Miscellaneous","content":"## Division 3 Miscellaneous\n\nDivision 3 Miscellaneous","sortOrder":27},{"sectionNumber":"14","sectionType":"section","heading":"Arrest warrants","content":"#### 14 Arrest warrants\n\n14 Arrest warrants\n\n> > (1) If it suspects that a drug offender may have failed to comply with his or her program, the Drug Court may issue a warrant for the drug offender’s arrest.\n> \n> > (2) A warrant under this section authorises any police officer to arrest the drug offender and to bring the drug offender before the Drug Court to be dealt with under this Act.\n> \n> > (3) The [Bail Act 2013](/view/html/inforce/current/act-2013-026) does not apply to a drug offender who is arrested on the authority of a warrant under this section.\n> \n> > (4) The Drug Court’s functions under this section may be exercised by the registrar.\n> \n> **s 14:** Am 1999 No 47, Sch 1 \\[14\\]; 2014 No 5, Sch 2.16 \\[1\\].","sortOrder":28},{"sectionNumber":"14A","sectionType":"section","heading":"Warrants of committal","content":"#### 14A Warrants of committal\n\n14A Warrants of committal\n\n> > (1) For the purpose of subjecting a drug offender to imprisonment in a correctional centre as referred to in section 8A or 16 (2) (f), the Drug Court may issue a warrant committing the drug offender to a correctional centre.\n> \n> > (2) A warrant under this section—\n> > \n> > > (a) authorises any police officer to have custody of the drug offender named in the warrant, to convey the drug offender to the correctional centre specified in the warrant and to deliver the drug offender into the custody of the governor of that correctional centre, and\n> > \n> > > (b) authorises the governor of the correctional centre specified in the warrant to have custody of the drug offender named in the warrant for the period of time specified in the warrant.\n> \n> > (3) The Drug Court’s functions under this section may be exercised by the registrar.\n> \n> **s 14A:** Ins 1999 No 47, Sch 1 \\[15\\].","sortOrder":29},{"sectionNumber":"15","sectionType":"section","heading":"Sentences imposed by Drug Court","content":"#### 15 Sentences imposed by Drug Court\n\n15 Sentences imposed by Drug Court\n\n> > (1) The sentences that may be imposed by the Drug Court under this Part are as follows—\n> > \n> > > (a) in the case of an indictable offence (including an indictable offence for which an election to have the offence dealt with on indictment has been duly made under Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)), any penalty that could have been imposed by the District Court had the offence been dealt with on indictment by the District Court,\n> > \n> > > (b) in the case of a summary offence (including an indictable offence for which an election to have the offence dealt with on indictment has not been duly made under Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)), any penalty that could have been imposed by the Local Court had the offence been dealt with summarily by the Local Court.\n> \n> > (2) Except for the purposes of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016), a person sentenced by the Drug Court for an offence referred to in subsection (1) (a) is taken to have been convicted of the offence on indictment.\n> \n> > (3) The provisions of section 58 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) do not apply to a sentence imposed on a person under this Act by the Drug Court as referred to in subsection (1) (b) if that sentence is imposed for an offence committed while the person was participating in a program under this Act.\n> \n> > (4) The provisions of Division 3 (Taking further offences into account) of Part 3 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) apply in relation to a relevant conviction of a person for an offence as if—\n> > \n> > > (a) the person had been charged, but not convicted, of the offence, and\n> > \n> > > (b) the person had admitted guilt for the offence for the purposes of section 33 (2) (a) (i) of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).\n> \n> > (5) In this section, relevant conviction of a person for an offence means the conviction of the person by a court (other than the Drug Court) for the offence under any of the following provisions for which the person has not been sentenced by that court—\n> > \n> > > (a) section 75B of the [Justices Act 1902](/view/html/repealed/current/act-1902-027),\n> > \n> > > (b) section 196 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (as inserted by the [Criminal Procedure Amendment (Justices and Local Courts) Act 2001](/view/html/repealed/current/act-2001-119)).\n> \n> **s 15:** Am 1999 No 94, Sch 4.18 \\[4\\]; 2001 No 121, Sch 2.87 \\[5\\]; 2002 No 93, Sch 1 \\[10\\]; 2007 No 94, Sch 2.","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Conditions of program","content":"#### 16 Conditions of program\n\n16 Conditions of program\n\n> > (1) The conditions of a program may allow the Drug Court to confer the following kinds of rewards on a drug offender who maintains a satisfactory level of compliance with the program—\n> > \n> > > (a) conferral of specified privileges,\n> > \n> > > (b) an appropriate change in the frequency of counselling or other treatment,\n> > \n> > > (c) a decrease in the degree of supervision to which the drug offender is subject,\n> > \n> > > (d) a decrease in the frequency with which the drug offender must undergo testing for drugs,\n> > \n> > > (e) a decrease in the amount of any monetary penalty payable to the Drug Court, as referred to in subsection (2) (e),\n> > \n> > > (f) a change in the nature of the vocational and social services attended by the drug offender or the frequency with which the drug offender is required to attend vocational and social services.\n> \n> > (2) The conditions of a program may allow the Drug Court to impose the following kinds of sanctions on a drug offender who fails to comply with the program—\n> > \n> > > (a) withdrawal of privileges conferred on the person, as referred to in subsection (1) (a),\n> > \n> > > (b) an appropriate change in the frequency of counselling or other treatment,\n> > \n> > > (c) an increase in the degree of supervision to which the drug offender is subject,\n> > \n> > > (d) an increase in the frequency with which the drug offender must undergo testing for drugs,\n> > \n> > > (e) a requirement that the drug offender pay a monetary penalty to the Drug Court,\n> > \n> > > (f) a requirement that the drug offender be subjected to imprisonment in a correctional centre for up to 14 days in respect of any one failure to comply with the requirements of the order,\n> > \n> > > (g) a change in the nature of the vocational and social services attended by the drug offender or the frequency with which the drug offender is required to attend vocational and social services.\n> \n> > (3) Any monetary penalty payable by a drug offender, as referred to in subsection (2) (e), is recoverable by the registrar of the Drug Court as a debt in any court of competent jurisdiction.\n> \n> > (4) This section does not limit the conditions that may form part of a program apart from this section.","sortOrder":31},{"sectionNumber":"17","sectionType":"section","heading":"Immunity from prosecution for certain offences","content":"#### 17 Immunity from prosecution for certain offences\n\n17 Immunity from prosecution for certain offences\n\n> A person is not liable to prosecution for any offence comprising the unlawful possession or use of drugs—\n> \n> > (a) as a result of any admission made for the purposes of seeking a referral under Division 1, not being an admission of facts giving rise to an offence referred to in section 5 (2) (a), or\n> \n> > (b) as a result of any admission made for the purposes of satisfying the Drug Court that the person should be accepted into a program, or\n> \n> > (c) as a result of any admission made in connection with the Drug Court’s supervision of his or her program,\n> \n> nor may any such admission be admitted as evidence in proceedings for any offence comprising the unlawful possession or use of drugs that are brought as a result of the admission.\n> \n> **s 17:** Am 2003 No 27, Sch 9 \\[9\\]; 2006 No 107, Sch 1.14 \\[8\\].","sortOrder":32},{"sectionNumber":"18","sectionType":"section","heading":"Application of criminal procedure legislation","content":"#### 18 Application of criminal procedure legislation\n\n18 Application of criminal procedure legislation\n\n> > (1) The provisions of Division 3 of Part 3 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) that enable the Drug Court, when sentencing a person, to take other offences into account in imposing a penalty on the person do not enable the Drug Court to take into account any offence of the kind referred to in section 5 (2) of this Act.\n> \n> > (2) The provisions of Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) are subject to such modifications (if any) as are prescribed by the regulations under this Act.\n> \n> **s 18:** Subst 1999 No 94, Sch 4.18 \\[5\\]. Am 2001 No 121, Sch 2.87 \\[6\\].","sortOrder":33},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Compulsory drug treatment detention","content":"# Part 2A Compulsory drug treatment detention\n\nPart 2A Compulsory drug treatment detention\n\n**pt 2A:** Ins 2004 No 42, Sch 1 \\[6\\].","sortOrder":34},{"sectionNumber":"18A","sectionType":"section","heading":"Definitions","content":"#### 18A Definitions\n\n18A Definitions\n\n> In this Part—\n> \n> assessment report means a report prepared under Division 3.\n> \n> multi-disciplinary team means a team comprised of—\n> \n> > (a) the Director of the Compulsory Drug Treatment Correctional Centre (or a person nominated by the Director), who is to be the team leader, and\n> \n> > (b) a community corrections officer (within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)) appointed by the Commissioner of Corrective Services, and\n> \n> > (c) a person appointed by the Chief Executive Officer, Justice Health, and\n> \n> > (d) such other persons as are prescribed by the regulations.\n> \n> offender’s obligations under a compulsory drug treatment order means the obligations that the offender has under section 106C of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) as a consequence of the making of the order.\n> \n> **s 18A:** Ins 2004 No 42, Sch 1 \\[6\\]. Am 2004 No 91, Sch 2.19; 2018 No 87, Sch 1.17 \\[2\\] \\[3\\].","sortOrder":36},{"sectionNumber":"18B","sectionType":"section","heading":"Courts to refer eligible convicted offenders to Drug Court","content":"#### 18B Courts to refer eligible convicted offenders to Drug Court\n\n18B Courts to refer eligible convicted offenders to Drug Court\n\n> > (1) This section applies to such courts as are prescribed by the regulations.\n> \n> > (2) It is the duty of a court to which this section applies that sentences a person to imprisonment or which, on determining an appeal, confirms a sentence of imprisonment imposed on the person by some other court (whether or not on the same terms as the other court)—\n> > \n> > > (a) to ascertain whether there are grounds on which the Drug Court might find the person to be an eligible convicted offender, and\n> > \n> > > (b) if so, to refer the person to the Drug Court to determine whether the person should be the subject of a compulsory drug treatment order.\n> \n> > (2A) The duty imposed on a court by this section does not apply to a court on determining an appeal (an appeal court) if the person whose sentence is confirmed in the appeal is already the subject of a compulsory drug treatment order as a consequence of a referral made to the Drug Court by the court that imposed the sentence confirmed by the appeal court.\n> \n> > (2B) However, if the person whose sentence is confirmed by the appeal court is not already the subject of a compulsory drug treatment order, the duty imposed by this section applies to the appeal court, whether or not the court that imposed the sentence confirmed by the appeal court referred the person to the Drug Court under this section.\n> \n> > (3) The duty imposed on a court by this section is to be exercised as soon as practicable after the person is sentenced to imprisonment or the appeal is dealt with.\n> \n> > (4) The registrar or clerk of a court that refers a person to the Drug Court under this section must give to the registrar of the Drug Court such documents and materials prescribed by the regulations relating to the person as are requested by that registrar.\n> \n> > (5) No appeal lies against a court’s decision to refer or not to refer a person to the Drug Court for a determination as to whether the person should be the subject of a compulsory drug treatment order.\n> \n> > (6) For the purposes of this section, an appeal includes an application for annulment of sentence in so far as it relates to a decision referred to in subsection (5).\n> \n> **s 18B:** Ins 2004 No 42, Sch 1 \\[6\\]. Am 2005 No 103, Sch 3 \\[1\\] \\[2\\].","sortOrder":38},{"sectionNumber":"18BA","sectionType":"section","heading":"State Parole Authority to refer certain offenders whose parole is revoked to Drug Court","content":"#### 18BA State Parole Authority to refer certain offenders whose parole is revoked to Drug Court\n\n18BA State Parole Authority to refer certain offenders whose parole is revoked to Drug Court\n\n> > (1) This section applies in respect of a person (a relevant person) whose parole has been revoked in respect of a sentence that has previously been the subject of a compulsory drug treatment order which has expired under section 106E (b) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> > (2) It is the duty of the State Parole Authority in respect of a relevant person—\n> > \n> > > (a) to ascertain whether there are grounds on which the Drug Court might find the person to be an eligible convicted offender, and\n> > \n> > > (b) if so, to refer the person to the Drug Court to determine whether the person should be the subject of a compulsory drug treatment order.\n> \n> > (3) If the State Parole Authority refers a relevant person to the Drug Court under this section, the Secretary of the Authority must give the registrar of the Drug Court such documents and materials relating to the person prescribed by the regulations as may be requested by that registrar.\n> \n> > (4) The duty imposed on the State Parole Authority by this section is to be exercised as soon as practicable after the relevant person’s parole is revoked.\n> \n> > (5) No appeal lies against the State Parole Authority’s decision to refer or not to refer a relevant person to the Drug Court for a determination as to whether the person should be the subject of a compulsory drug treatment order.\n> \n> **s 18BA:** Ins 2014 No 45, Sch 1 \\[5\\].","sortOrder":39},{"sectionNumber":"18C","sectionType":"section","heading":"Compulsory drug treatment detention","content":"#### 18C Compulsory drug treatment detention\n\n18C Compulsory drug treatment detention\n\n> > (1) The Drug Court may make an order directing that an eligible convicted offender serve the offender’s sentence of imprisonment by way of compulsory drug treatment detention.\n> \n> > (2) If an eligible convicted offender whose parole order has been revoked is referred to the Drug Court by the State Parole Authority under section 18BA, the Drug Court may make a new compulsory drug treatment order in respect of the offender.\n> \n> > (3) When making an order under subsection (2), the Drug Court must have regard to the circumstances of the revocation of the offender’s parole order, including any charge or conviction for an offence committed by the offender while serving any sentence by way of compulsory drug treatment detention or while on release on parole.\n> \n> **s 18C:** Ins 2004 No 42, Sch 1 \\[6\\]. Am 2014 No 45, Sch 1 \\[6\\].","sortOrder":41},{"sectionNumber":"18D","sectionType":"section","heading":"Restriction on power of Drug Court to make compulsory drug treatment orders","content":"#### 18D Restriction on power of Drug Court to make compulsory drug treatment orders\n\n18D Restriction on power of Drug Court to make compulsory drug treatment orders\n\n> > (1) The Drug Court must not make a compulsory drug treatment order with respect to an offender’s sentence of imprisonment unless—\n> > \n> > > (a) the Drug Court has referred the offender to the multi-disciplinary team for assessment as to the eligibility and suitability of the offender for compulsory drug treatment detention and has had regard to the contents of the assessment report made by the team under section 18E, and\n> > \n> > > (b) the Drug Court is satisfied—\n> > > \n> > > > (i) that the offender is of or above the age of 18 years, and\n> > > \n> > > > (ii) that the offender is an eligible convicted offender, and\n> > > \n> > > > (iii) that the offender is a suitable person to serve the sentence by way of compulsory drug treatment detention, and\n> > > \n> > > > (iv) that it is appropriate in all of the circumstances that the sentence be served by way of compulsory drug treatment detention, and\n> > > \n> > > > (v) that there is accommodation available (or is likely to be available within 14 days) at the Compulsory Drug Treatment Correctional Centre for the offender to serve the sentence by way of compulsory drug treatment detention, and\n> > > \n> > > > (vi) that the offender’s participation in the program will not damage the program or any other person’s participation in it.\n> \n> > (2) If the Drug Court declines to make a compulsory drug treatment order in relation to an eligible convicted offender’s sentence on the ground that the offender’s participation in the program will damage the program or any other person’s participation in it (as referred to in subsection (1) (b) (vi)), the Drug Court may—\n> > \n> > > (a) revoke any statutory parole order under section 158 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to the offender, and\n> > \n> > > (b) notify the State Parole Authority of the decision to decline to make the order and the circumstances in which it was made.\n> \n> > (3) The Drug Court may, for any reason it considers sufficient, decline to make a compulsory drug treatment order despite the contents of an assessment report.\n> \n> > (4) No appeal lies against the Drug Court’s decision to make or not to make a compulsory drug treatment order.\n> \n> **s 18D:** Ins 2004 No 42, Sch 1 \\[6\\]. Am 2004 No 94, Sch 2.3; 2017 No 57, Sch 3.3 \\[2\\].","sortOrder":42},{"sectionNumber":"18E","sectionType":"section","heading":"Assessment of eligibility and suitability by the multi-disciplinary team","content":"#### 18E Assessment of eligibility and suitability by the multi-disciplinary team\n\n18E Assessment of eligibility and suitability by the multi-disciplinary team\n\n> > (1) When an offender is referred to the multi-disciplinary team for assessment, the multi-disciplinary team is to investigate and report to the Drug Court on the matters referred to in sections 5A and 18D (1) (b) (i)–(vi).\n> \n> > (2) When assessing whether an offender is a suitable person to serve a sentence by way of compulsory drug treatment detention (being the ground referred to in section 18D (1) (b) (iii)), the multi-disciplinary team is to have regard to the following matters—\n> > \n> > > (a) the offender’s level of motivation and attitude to the compulsory drug treatment program,\n> > \n> > > (b) the offender’s drug treatment history,\n> > \n> > > (c) the likelihood that the offender will commit a domestic violence offence (within the meaning of the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080)) during community custody (Stage 3) (within the meaning of Part 4A of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)),\n> > \n> > > (c1) the offender’s history of committing offences involving weapons or violence,\n> > \n> > > (c2) the offender’s history of committing offences related to the offender’s long-term drug dependency and associated lifestyle,\n> > \n> > > (d) any other matter prescribed by the regulations.\n> \n> > (3) The regulations may make provision for or with respect to the conduct of investigations and the preparation of reports for the purposes of this Part.\n> \n> **s 18E:** Ins 2004 No 42, Sch 1 \\[6\\]. Am 2006 No 56, Sch 2 \\[5\\]; 2006 No 73, Sch 3.11; 2007 No 80, Sch 2.12; 2014 No 45, Sch 1 \\[7\\] \\[8\\].","sortOrder":43},{"sectionNumber":"18F","sectionType":"section","heading":"Concurrent and consecutive sentences","content":"#### 18F Concurrent and consecutive sentences\n\n18F Concurrent and consecutive sentences\n\n> > (1) A compulsory drug treatment order may be made in respect of two or more sentences of imprisonment that are being served concurrently or consecutively (or partly concurrently and partly consecutively).\n> \n> > (2) A reference in this Part to a sentence of imprisonment includes a reference to two or more sentences of imprisonment that are being served concurrently or consecutively (or partly concurrently and partly consecutively).\n> \n> > (3) A reference in section 5A (1) (b) to an unexpired non-parole period in relation to a sentence includes a reference to a cumulative unexpired non-parole period in relation to two or more sentences of imprisonment that are being served concurrently or consecutively (or partly concurrently and partly consecutively).\n> \n> **s 18F:** Ins 2004 No 42, Sch 1 \\[6\\].","sortOrder":44},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous","content":"## Division 4 Miscellaneous\n\nDivision 4 Miscellaneous\n\n**pt 2A, div 4:** Ins 2004 No 42, Sch 1 \\[6\\].","sortOrder":45},{"sectionNumber":"18G","sectionType":"section","heading":"Effect of compulsory drug treatment order","content":"#### 18G Effect of compulsory drug treatment order\n\n18G Effect of compulsory drug treatment order\n\n> A compulsory drug treatment order has the effect of—\n> \n> > (a) cancelling the warrant of commitment issued under section 62 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in relation to the offender, and\n> \n> > (b) revoking any statutory parole order under section 158 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) in relation to the offender, and\n> \n> > (c) requiring the eligible convicted offender to comply with the compulsory drug treatment personal plan to be set for the person under section 106F of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), and\n> \n> > (d) suspending any entitlement of the eligible convicted offender to be considered for parole under the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).\n> \n> **s 18G:** Ins 2004 No 42, Sch 1 \\[6\\]. Am 2014 No 45, Sch 1 \\[9\\]; 2017 No 57, Sch 3.3 \\[2\\].","sortOrder":46},{"sectionNumber":"18H","sectionType":"section","heading":"Explanation of compulsory drug treatment order to offender","content":"#### 18H Explanation of compulsory drug treatment order to offender\n\n18H Explanation of compulsory drug treatment order to offender\n\n> > (1) Before making a compulsory drug treatment order in relation to an eligible convicted offender’s sentence of imprisonment, the Drug Court must ensure that all reasonable steps are taken to explain to the offender (in language that the offender can readily understand)—\n> > \n> > > (a) the offender’s obligations under the compulsory drug treatment order, and\n> > \n> > > (b) the consequences that may follow if the offender fails to comply with those obligations.\n> \n> > (2) A compulsory drug treatment order is not invalidated by a failure to comply with this section.\n> \n> **ss 18H–18J:** Ins 2004 No 42, Sch 1 \\[6\\].","sortOrder":47},{"sectionNumber":"18I","sectionType":"section","heading":"Preparation and service of written notice of compulsory drug treatment order","content":"#### 18I Preparation and service of written notice of compulsory drug treatment order\n\n18I Preparation and service of written notice of compulsory drug treatment order\n\n> > (1) As soon as practicable after making a compulsory drug treatment order, the Drug Court must cause written notice of the order to be given to the eligible convicted offender and to the Commissioner of Corrective Services.\n> \n> > (2) A compulsory drug treatment order is not invalidated by a failure to comply with this section.\n> \n> **ss 18H–18J:** Ins 2004 No 42, Sch 1 \\[6\\].","sortOrder":48},{"sectionNumber":"18J","sectionType":"section","heading":"Warrant of commitment","content":"#### 18J Warrant of commitment\n\n18J Warrant of commitment\n\n> As soon as practicable after making a compulsory drug treatment order, the Drug Court must issue a warrant for the committal of the eligible convicted offender to the Compulsory Drug Treatment Correctional Centre.\n> \n> **ss 18H–18J:** Ins 2004 No 42, Sch 1 \\[6\\].","sortOrder":49},{"sectionNumber":"Part 3","sectionType":"part","heading":"The Drug Court","content":"# Part 3 The Drug Court\n\nPart 3 The Drug Court","sortOrder":50},{"sectionNumber":"19","sectionType":"section","heading":"Constitution of Drug Court","content":"#### 19 Constitution of Drug Court\n\n19 Constitution of Drug Court\n\n> There is constituted by this Act a court of record to be known as the Drug Court of New South Wales.","sortOrder":52},{"sectionNumber":"20","sectionType":"section","heading":"Judges","content":"#### 20 Judges\n\n20 Judges\n\n> > (1) The Governor may, by commission under the public seal of the State, appoint as a Drug Court Judge any person who is a Judge of a New South Wales court.\n> \n> > (2) A person ceases to be a Drug Court Judge on ceasing to be a Judge of a New South Wales court.\n> \n> > (3) In this section—\n> > \n> > Judge includes an acting Judge.\n> > \n> > New South Wales court means the Supreme Court or District Court or a Court that is of equivalent status (for the purposes of Part 9 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032)) to the Supreme Court or District Court.\n> \n> **s 20:** Subst 2008 No 107, Sch 9.","sortOrder":53},{"sectionNumber":"21","sectionType":"section","heading":"Senior Judge","content":"#### 21 Senior Judge\n\n21 Senior Judge\n\n> > (1) The Governor may, by a person’s commission as a Judge or by a subsequent commission under the public seal of the State, appoint one of the Drug Court Judges to be the Senior Judge of the Drug Court.\n> \n> > (2) Subject to subsection (3), the Senior Judge holds office as Senior Judge while he or she holds office as Judge.\n> \n> > (3) With the approval of the Governor, the Senior Judge may resign office as Senior Judge without resigning office as Judge.","sortOrder":54},{"sectionNumber":"22","sectionType":"section","heading":"Acting Senior Judge","content":"#### 22 Acting Senior Judge\n\n22 Acting Senior Judge\n\n> > (1) The Minister may appoint a Judge to be acting Senior Judge during any absence from duty or vacancy in office of the Senior Judge.\n> \n> > (1A) The Minister may make any such appointment for a particular absence or vacancy or for any absence or vacancy that occurs from time to time.\n> \n> > (2) An acting Senior Judge has the functions of the Senior Judge and anything done by the acting Senior Judge in the exercise of those functions has effect as if it had been done by the Senior Judge.\n> \n> **s 22:** Am 2015 No 2, Sch 3.3.","sortOrder":55},{"sectionNumber":"23","sectionType":"section","heading":"Single Judge to constitute Drug Court","content":"#### 23 Single Judge to constitute Drug Court\n\n23 Single Judge to constitute Drug Court\n\n> All proceedings in the Drug Court, and all matters arising out of any such proceedings, are to be heard and disposed of before a Judge, who constitutes the Court.","sortOrder":57},{"sectionNumber":"24","sectionType":"section","heading":"Jurisdiction of Drug Court","content":"#### 24 Jurisdiction of Drug Court\n\n24 Jurisdiction of Drug Court\n\n> > (1) The Drug Court has the following jurisdiction—\n> > \n> > > (a) the criminal jurisdiction of the District Court,\n> > \n> > > (b) the criminal jurisdiction of the Local Court,\n> > \n> > > (c) such other jurisdiction as is vested in the Drug Court by this or any other Act.\n> \n> > (2) For the purpose of enabling it to exercise its jurisdiction, the Drug Court has the following functions—\n> > \n> > > (a) all of the functions of the District Court that are exercisable in relation to its criminal jurisdiction,\n> > \n> > > (b) all of the functions of the Local Court that are exercisable in relation to its criminal jurisdiction, including all the functions exercisable by a Judge of the Local Court under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) or by the Local Court under the [Bail Act 2013](/view/html/inforce/current/act-2013-026),\n> > \n> > > (c) such other functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (3) For the purposes of section 107C (1) (b) and (c) and section 108C (1) (b) and (c) of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) and section 98 (1) (b) and (c) of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) (as previously in force but continuing to apply under clause 76 (3) of Schedule 2 to that Act)—\n> > \n> > > (a) the Drug Court is a court of like jurisdiction in relation to the District Court, and\n> > \n> > > (b) the Drug Court is a court of superior jurisdiction in relation to the Local Court.\n> \n> **s 24:** Am 1999 No 47, Sch 1 \\[16\\]; 2001 No 121, Sch 2.87 \\[7\\]; 2003 No 27, Sch 9 \\[10\\]; 2007 No 94, Sch 2; 2014 No 5, Sch 2.16 \\[2\\]; 2017 No 53, Sch 4.17 \\[14\\]; 2025 No 61, Sch 2.38\\[1\\].","sortOrder":58},{"sectionNumber":"25","sectionType":"section","heading":"Sittings","content":"#### 25 Sittings\n\n25 Sittings\n\n> > (1) The Drug Court is to sit at such places and times as the Senior Judge may direct.\n> \n> > (2) Two or more sittings of the Drug Court may be held at the same time.","sortOrder":59},{"sectionNumber":"26","sectionType":"section","heading":"Court proceedings","content":"#### 26 Court proceedings\n\n26 Court proceedings\n\n> > (1) This section applies to proceedings before the Drug Court in the exercise of its jurisdiction under this Act or the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), but does not apply to proceedings before the Drug Court in the exercise of the criminal jurisdiction of the District Court or the criminal jurisdiction of the Local Court.\n> \n> > (2) Proceedings before the Drug Court are to be conducted—\n> > \n> > > (a) in accordance with the directions of the Judge presiding in the proceedings, and\n> > \n> > > (b) subject to paragraph (a), with as little formality and technicality, and with as much expedition, as the requirements of this Act, the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) and any regulations made under those Acts and the proper consideration of the matters before the Court permit.\n> \n> > (3) The Drug Court is not bound by the rules of evidence, but may inform itself on any matter in such manner as it considers appropriate.\n> \n> > (4) The Drug Court may adjourn its proceedings from time to time.\n> \n> **s 26:** Am 2004 No 42, Sch 1 \\[7\\] \\[8\\]; 2007 No 94, Sch 2.","sortOrder":60},{"sectionNumber":"27","sectionType":"section","heading":"Rules of court","content":"#### 27 Rules of court\n\n27 Rules of court\n\n> The Senior Judge may make rules of court, not inconsistent with this Act, for or with respect to any matter relating to the practice or procedure of the Drug Court, including—\n> \n> > (a) any matter for or with respect to which rules may be made under the [District Court Act 1973](/view/html/inforce/current/act-1973-009) in relation to the criminal jurisdiction of the District Court, and\n> \n> > (b) any matter for or with respect to which rules may be made under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) in relation to the criminal jurisdiction of the Local Court, and\n> \n> > (c) any matter for or with respect to which a power to make rules is conferred by this Act.\n> \n> **s 27:** Am 2001 No 121, Sch 2.87 \\[8\\]; 2007 No 94, Sch 2; 2018 No 87, Sch 1.17 \\[4\\].","sortOrder":61},{"sectionNumber":"28","sectionType":"section","heading":"Court officers","content":"#### 28 Court officers\n\n28 Court officers\n\n> > (1) A registrar and such other officers as are necessary for the proper administration of this Act are to be appointed under Part 2 of the [Public Sector Management Act 1988](/view/html/repealed/current/act-1988-033).\n> \n> > (2) Arrangements may be made for the use by the Drug Court of the services of any staff (by secondment or otherwise) or facilities of a Government department.","sortOrder":63},{"sectionNumber":"29","sectionType":"section","heading":"Court business","content":"#### 29 Court business\n\n29 Court business\n\n> > (1) The Senior Judge is responsible for the administration of the business of the Drug Court.\n> \n> > (2) The registrar may exercise—\n> > \n> > > (a) such of the functions of the Court as are conferred or imposed on the registrar by the regulations or the rules of court, and\n> > \n> > > (b) such of the functions of a registrar of the District Court as are relevant to the exercise by the Drug Court of the criminal jurisdiction of a District Court, and\n> > \n> > > (c) such of the functions of a registrar of the Local Court as are relevant to the exercise by the Drug Court of the criminal jurisdiction of the Local Court.\n> \n> **s 29:** Am 2007 No 94, Schs 1.34, 2; 2014 No 45, Sch 1 \\[10\\].","sortOrder":64},{"sectionNumber":"30","sectionType":"section","heading":"Delegation","content":"#### 30 Delegation\n\n30 Delegation\n\n> > (1) The Senior Judge may delegate to a Judge any of the Senior Judge’s functions, other than this power of delegation.\n> \n> > (2) The registrar may delegate to any other officer of the Court any of the registrar’s functions, other than this power of delegation.","sortOrder":65},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":66},{"sectionNumber":"31","sectionType":"section","heading":"Provision of information to Drug Court","content":"#### 31 Provision of information to Drug Court\n\n31 Provision of information to Drug Court\n\n> > (1) This section applies to such persons as are prescribed by the regulations for the purposes of this section, being persons who are involved in the administration of, or who provide services in connection with, a drug offender’s program.\n> \n> > (2) It is the duty of a person to whom this section applies—\n> > \n> > > (a) to promptly notify the registrar of any failure by a drug offender to comply with the drug offender’s program, and\n> > \n> > > (b) to promptly comply with the requirements of the regulations with respect to the giving of information to the registrar.\n> \n> > (3) The following provisions apply to and in respect of any information (protected information) relating to a drug offender that is provided to the Drug Court, or to any person to whom this section applies, by a person to whom this section applies—\n> > \n> > > (a) the provision of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct,\n> > \n> > > (b) no liability for defamation is incurred because of the provision of the information,\n> > \n> > > (c) the provision of the information does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy,\n> > \n> > > (d) the information is not admissible in evidence in any proceedings before a court, tribunal or committee,\n> > \n> > > (e) a person is not compellable in any proceedings before a court, tribunal or committee to disclose the information or to produce any document that contains the information.\n> \n> > (4) The provisions of subsection (3) (d) and (e) do not apply to or in respect of the provision of protected information—\n> > \n> > > (a) in proceedings before the Drug Court or any court hearing or determining an appeal from a decision of the Drug Court, or\n> > \n> > > (b) in support of, or in answer to, any charge or allegation made in proceedings against a person in relation to the person’s exercise of functions under this Act.\n> \n> > (5) A drug offender is taken to have authorised the communication of protected information—\n> > \n> > > (a) from any person to whom this section applies to the registrar, and\n> > \n> > > (b) from the registrar to any person to whom this section applies, and\n> > \n> > > (c) from any member of staff of the Drug Court to any other member of staff of the Drug Court.\n> \n> > (6) A provision of any Act or law that prohibits or restricts the disclosure of information does not operate to prevent the provision of information in accordance with this section.\n> \n> **s 31:** Am 2002 No 93, Sch 1 \\[11\\].","sortOrder":67},{"sectionNumber":"32","sectionType":"section","heading":"Regulations","content":"#### 32 Regulations\n\n32 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—\n> \n> > (a) the forms to be used for the purposes of this Act, and\n> \n> > (b) the fees to be charged under this Act, and\n> \n> > (c) the postponement, waiver or remittal of fees charged under this Act.","sortOrder":68},{"sectionNumber":"33","sectionType":"section","heading":null,"content":"#### 33\n\n33 (Repealed)","sortOrder":69},{"sectionNumber":"34","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 34 Savings, transitional and other provisions\n\n34 Savings, transitional and other provisions\n\n> Schedule 2 has effect.","sortOrder":71},{"sectionNumber":"35","sectionType":"section","heading":"Review of Act","content":"#### 35 Review of Act\n\n35 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.","sortOrder":72},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 2003 No 82, Sch 3.","sortOrder":73},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 2 Savings, transitional and other provisions\n\nSchedule 2 Savings, transitional and other provisions\n\n(Section 34)\n\n**sch 2:** Am 2002 No 93, Sch 1 \\[12\\] \\[13\\]; 2004 No 42, Sch 1 \\[9\\] \\[10\\]; 2005 No 103, Sch 3 \\[3\\]; 2006 No 107, Sch 1.14 \\[9\\] \\[10\\]; 2014 No 45, Sch 1 \\[11\\] \\[12\\]; 2020 No 30, Sch 2.12.","sortOrder":74},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions consequent on enactment of Crimes and Courts Legislation Amendment Act 2006","content":"# Part 5 Provisions consequent on enactment of Crimes and Courts Legislation Amendment Act 2006\n\nPart 5 Provisions consequent on enactment of [Crimes and Courts Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-107)","sortOrder":83},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provisions consequent on enactment of Drug Court Legislation Amendment Act 2014","content":"# Part 6 Provisions consequent on enactment of Drug Court Legislation Amendment Act 2014\n\nPart 6 Provisions consequent on enactment of [Drug Court Legislation Amendment Act 2014](/view/html/repealed/current/act-2014-045)","sortOrder":86},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2020","content":"# Part 7 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2020\n\nPart 7 Provision consequent on enactment of [Statute Law (Miscellaneous Provisions) Act 2020](/view/html/repealed/current/act-2020-030)","sortOrder":90}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act was originally established in 1998 as what appears to have been a pilot or limited initiative. Over more than 20 rounds of amendments spanning nearly three decades, the scope has evolved — likely expanding geographic reach, refining eligibility criteria, adjusting program conditions, and integrating the Drug Court more firmly into the broader NSW court system. The frequency of amendments (especially clustered periods in 2003, 2006–2008, 2014–2015, and 2018–2020) suggests the program has been substantially refined and expanded beyond its original form, rather than remaining a static pilot scheme."},"complexity_factors":["The Act sits at the intersection of criminal law, health law, and court administration, requiring understanding of multiple legal frameworks","Eligibility criteria for the Drug Court program involve discretionary judgments about the nature of offences, addiction severity, and suitability","The program involves ongoing judicial supervision with variable outcomes (graduation, breach, removal), creating procedural complexity","The Act has been amended over 20 times since 1998, meaning the current version reflects layered legislative changes that can be difficult to trace","Interaction with other legislation (sentencing law, drug laws, health regulations) adds complexity for practitioners","However, the core concept and purpose of the Act are straightforward, which keeps the overall complexity score moderate"],"plain_english_summary":"## Drug Court Act 1998 (NSW)\n\n**What is this law about?**\n\nThis NSW law establishes a specialist **Drug Court** — a dedicated court designed specifically to deal with people who commit crimes because of serious drug addiction. Instead of simply sending drug-addicted offenders to prison, the Drug Court offers an intensive treatment and supervision program as an alternative.\n\n**Who does it affect?**\n\n- **People charged with certain criminal offences** who have a serious drug dependency (addiction) — they may be eligible to participate in the Drug Court program instead of going through the normal courts and facing jail\n- **Families and support networks** of participants, who are often involved in the rehabilitation process\n- **The NSW justice and health systems**, which must coordinate to deliver treatment, drug testing, and court supervision\n\n**How does it work in practice?**\n\nIf you're eligible, you can volunteer to join the Drug Court program. If accepted:\n- You must follow a strict treatment plan (including attending drug rehabilitation, regular drug testing, and regular appearances before the Drug Court judge)\n- The judge monitors your progress over time — think of it as the court actively helping you recover, not just punishing you\n- If you do well, your sentence may be reduced or you may avoid prison altogether\n- If you repeatedly breach the program conditions, you can be removed and sent back to the regular courts for sentencing\n\n**Why does it matter?**\n\nTraditional courts often send drug-addicted offenders to prison, which does little to address the underlying addiction — meaning people frequently reoffend. The Drug Court takes a health-focused approach, treating addiction as a medical problem while still holding people accountable. Research shows drug courts significantly reduce reoffending and save taxpayer money compared to incarceration.\n\n**Note:** This is a NSW law only. It has been amended many times since 1998, reflecting ongoing refinements to how the program operates."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1998 scope. Initially focused solely on voluntary pre-sentence diversion programs for defendants, the Act was substantially amended in 2004 to add Part 2A, creating a compulsory drug treatment detention scheme for already-convicted prisoners. This represented a major shift from voluntary rehabilitation to mandatory treatment within the prison system. Further amendments in 2006, 2014, and subsequent years added pathways for parole violators (section 18BA), expanded eligibility criteria, and created mechanisms for dealing with breaches of community correction orders and conditional release orders. The Act now functions as both a sentencing alternative and a prison management tool, far exceeding its original diversionary purpose."},"complexity_factors":["Multiple overlapping eligibility schemes with distinct criteria (sections 5 and 5A)","Extensive cross-referencing to at least 6 other Acts including Crimes (Sentencing Procedure) Act 1999, Crimes (Administration of Sentences) Act 1999, and Criminal Procedure Act 1986","Nested conditional logic with multiple exceptions (e.g., section 5A(2) excludes violent offenders, firearms offences, and serious drug crimes; section 5A(3) adds mental health exclusions)","Two distinct operational frameworks (voluntary pre-conviction diversion vs. compulsory post-conviction detention) with different procedural rules","Transitional provisions spanning multiple amending Acts across 22 years (1998-2020) with complex savings clauses","Delegated legislative power with heavy reliance on regulations for operational details (eligibility criteria, program conditions, prescribed areas)","Modified application of standard criminal procedure rules (e.g., sections 44-48 of Crimes (Sentencing Procedure) Act explicitly disapplied in certain circumstances)","Complex sentencing mechanics involving suspended sentences, initial sentences, final sentences, and cumulative/concurrent sentence calculations (section 18F)"],"plain_english_summary":"This legislation establishes the **Drug Court of New South Wales**, a specialised court designed to tackle drug-related crime by addressing the root cause: drug dependency.\n\n**What it does:**\n- Creates a **Drug Court** with dedicated judges who can sentence drug-dependent offenders to intensive rehabilitation programs instead of, or alongside, traditional prison sentences.\n- Sets up **two main pathways**:\n  1. **Voluntary diversion programs** (Part 2): For eligible people facing criminal charges who plead guilty. The court suspends their prison sentence while they complete a supervised drug treatment program with conditions like counselling, drug testing, and employment requirements. If they succeed, they may avoid jail; if they fail, they serve their original sentence.\n  2. **Compulsory drug treatment detention** (Part 2A): For eligible convicted prisoners already serving sentences. These offenders serve their time in a dedicated correctional centre with mandatory drug treatment, moving through stages from high-security to community-based rehabilitation.\n\n**Who it affects:**\n- **Eligible persons**: Drug-dependent defendants facing serious charges (likely to result in prison time) who haven't committed violent or serious drug trafficking offences.\n- **Eligible convicted offenders**: Prisoners with long-term drug dependencies serving sentences between 18 months and 6 years, whose crimes relate to their addiction.\n\n**Why it matters:**\nThe Act recognises that simply imprisoning drug-dependent offenders often fails to break the cycle of addiction and crime. By combining judicial supervision with treatment, rewards for progress, and sanctions for non-compliance, it aims to reduce reoffending, reintegrate people into the community, and ultimately improve public safety while reducing prison costs.\n\n**Key features:**\n- **Rewards and sanctions**: The court can reduce supervision or grant privileges for good progress, or impose penalties including short jail stints for violations.\n- **Immunity**: Admissions made to enter the program can't be used to prosecute participants for drug possession.\n- **Final sentencing**: Successful completion can lead to reduced sentences; failure means serving the original prison term."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been extended beyond the original 1998 framework through later insertions and amendments recorded in the text.  Notably, Part 2A (ins 2004 No 42) establishes a distinct compulsory drug treatment detention pathway for certain eligible convicted offenders, including the requirement for multi-disciplinary assessment and conditions for compulsory orders (ss 18A–18J).  The Act also imposes duties on courts and the State Parole Authority to refer eligible sentenced offenders to the Drug Court for determination of compulsory orders (ss 18B, 18BA).  Other amendments adjust eligibility criteria, procedural limits on appeals and the Drug Court’s sentencing and administrative functions (see ss 3 notes, 5, 5A, 7A–7C, 24).  These changes shift the Act from a single diversion model toward a two-track regime (voluntary/supervised programs and compulsory detention), increasing the Act’s operational reach and administrative requirements (see Part 2 and Part 2A)."},"complexity_factors":["Extensive cross-references to other Acts (Crimes (Sentencing Procedure) Act 1999; Crimes (Administration of Sentences) Act 1999; Criminal Procedure Act 1986; Road Transport Act 2013) which affect operation and interpretation (e.g. ss 7A(3)–(4), 12, 18G, 24).","Multiple entry pathways and procedural permutations (pre-sentence referral, post-conviction referral, referral on revocation of parole, revocation of community orders/bonds) (ss 6, 7, 18B, 18BA, 7B–7C).","Dual regimes: voluntary diversion programs with suspended sentences (Part 2) alongside a separate compulsory drug treatment detention regime for convicted offenders (Part 2A: ss 18C–18J).","High degree of administrative discretion with many 'may' provisions and explicit non-appeal clauses limiting review (s 7A(10), s 7B(10), s 10(3), s 18D(3)–(4)).","Detailed eligibility criteria and exclusions that require fact-specific judicial assessments (ss 5, 5A, 18D, 18E).","Operational dependencies on availability and allocation of facilities and multidisciplinary assessment processes (s 7A(2)(d), ss 18D, 18E).","Mixed substantive and procedural requirements (e.g. consent, statutory warnings, written notices, registrar functions), with some procedural defects expressly not invalidating orders (ss 8A(3), 18H(2), 18I(2)).","Interlocking administrative duties and protections for third-party service providers and information flow rules with confidentiality and admissibility carve-outs (s 31)."],"plain_english_summary":"What this law does (mechanics first)\n\n- Creates a specialised court called the Drug Court of New South Wales and gives it criminal jurisdiction equivalent to the District Court and Local Court for the matters set out in the Act (ss 19, 24).  The court sits with a single Drug Court Judge and a Senior Judge manages business and court rules (ss 20–23, 25, 27, 29).\n\n- Establishes a diversion-and-treatment scheme for people whose offending is linked to drug dependency.  Courts must check whether a person is eligible and may refer that person to the Drug Court during proceedings (s 6).  The Drug Court may accept eligible people charged with offences (s 5; s 7A) or people who have failed to comply with community orders or bonds (s 7B–7C).  Eligibility is defined by criteria including pleas of guilty, likely exposure to full-time imprisonment, drug dependence, and specified exclusions (ss 5, 5A, 7A(2), 7B(2)).\n\n- If the Drug Court accepts a person, it convicts and sentences them, then within 14 days imposes a program of conditions the person has accepted and suspends execution of the initial sentence for the duration of the program (s 7A(3), (5); s 7B(3), (7)).  The program may contain conditions about conduct, counselling/treatment attendance, supervision, drug testing, residence and work/training (s 7A(7); s 7B(9)).\n\n- Programs include both rewards for compliance and sanctions for non-compliance.  Rewards can reduce supervision, testing or penalties; sanctions can include increased supervision, monetary penalties, and up to 14 days’ imprisonment for a single failure to comply (s 16).  The court may vary program conditions, and it may terminate a program either for substantial compliance or where the participant poses unacceptable risk or makes a request (ss 9–11).  When a program ends the Drug Court must reconsider the initial sentence and set the final sentence (s 12).\n\n- The Act provides a limited statutory power to commit a program participant to a correctional centre for up to 21 days at a time for detoxification, assessment or treatment-plan development, but only if no other suitable facility is immediately available and with the participant’s consent (s 8A).\n\n- The Act creates a compulsory detention pathway for certain convicted offenders.  For eligible convicted offenders the Drug Court may make a compulsory drug treatment order requiring the offender to serve their sentence by way of compulsory drug treatment detention at the Compulsory Drug Treatment Correctional Centre (Part 2A: ss 18A, 18B, 18C, 18G–18J).  A compulsory order can cancel outstanding warrants, revoke statutory parole, require compliance with a compulsory treatment personal plan and suspend parole consideration while the order runs (s 18G).\n\n- The Drug Court must not make a compulsory drug treatment order unless the offender has been assessed by a multi-disciplinary team and the court is satisfied about age, eligibility, suitability, appropriateness in the circumstances, availability of accommodation at the treatment centre and that the offender’s participation will not harm the program or other participants (ss 18D, 18E, 18F).  The multi-disciplinary team is led by the Director of the Compulsory Drug Treatment Correctional Centre and includes corrective services and health appointees (s 18A).\n\n- Procedure and administration details: the registrar supports court business and may exercise certain court functions; rules and regulations may be made; specified persons involved in delivering programs have duties to report failures to comply and are given certain legal protections for providing information to the Court (ss 27–31, 32).\n\nOfficial purpose statements and how the law claims to achieve them\n\n- The Act’s stated objects are to reduce drug dependency, promote reintegration into the community and reduce drug-related criminal activity (s 3).  The Act implements these objects by creating an alternative to immediate imprisonment for eligible people through supervised treatment programs (s 3(2)–(2A), ss 7A–7C) and by providing a compulsory treatment detention pathway for certain convicted offenders (Part 2A, ss 18C–18G).\n\nPractical incentives, costs, discretion and trade-offs (tested against the Act’s mechanics)\n\n- Who decides: magistrates/Judges doing the initial screening must refer eligible people to the Drug Court (s 6); sentencing courts and appeal courts have duties to ascertain and refer eligible convicted offenders for compulsory orders (s 18B); the State Parole Authority must refer certain parole-revoked persons (s 18BA).  The Drug Court itself exercises wide discretion to accept, vary, suspend or terminate programs and to make or decline compulsory orders (ss 7A(2)–(5), 9–12, 18D(3)).\n\n- Who pays / resource implications: the Act requires availability and allocation of facilities and accommodation before programs or compulsory detention proceed (s 7A(2)(d); s 18D(1)(b)(v)).  That creates an implementation requirement for government to provide or allocate treatment places and correctional-centre capacity; the Act does not itself set funding sources (s 7A(2)(d); s 18D(1)(b)(v)).\n\n- Compliance burden on participants: program participants must accept specified conditions (s 7A(2)(e); s 7B(2)(e)).  Conditions can require frequent drug testing, supervision, residence restrictions and attendance at treatment or vocational programs; sanctions include monetary penalties (recoverable as a debt, s 16(3)), increased supervision, and short periods of imprisonment up to 14 days per breach (s 16(2)(e)–(f)).  Participants may be committed for up to 21 days for detox/assessment with consent (s 8A).\n\n- Burden on service providers and reporting duties: persons involved in program delivery have a duty to promptly notify the registrar of failures to comply and to supply regulated information; those persons receive statutory protections against defamation and compellability for the protected information, and the protected information is generally inadmissible in other proceedings, subject to specified exceptions (s 31(1)–(6)).  This shifts reporting and confidentiality practices to a statutory framework.\n\n- Bureaucratic discretion and review limits: the Drug Court may decline to make compulsory orders even if the assessment report is favourable (s 18D(3)).  Numerous provisions state that no appeal lies against decisions to accept/not accept or to make/not make orders or to vary/terminate programs (s 7A(10), s 7B(10), s 10(3), s 11(2), s 18D(4)).  That concentrates substantive decision-making power in the Drug Court and related authorities, with limited judicial review avenues set out in the Act.\n\n- Interaction with regular sentencing law and parole: some ordinary sentencing provisions do not apply to Drug Court proceedings (e.g. ss 7A(4), 7B(5), 15(3), 18(1)).  A compulsory drug treatment order revokes statutory parole and suspends parole consideration (s 18G(b), (d)).  Those mechanisms substitute Drug Court-created pathways for standard parole and sentencing processes.\n\n- Effects on private choice and incentives to plead guilty: eligibility for diversion generally requires a plea of guilty or an indication of intention to plead guilty (s 5(1)(c); s 7A(2)(b)).  That creates a clear legal incentive for eligible defendants to plead guilty to access a treatment program and suspended sentence rather than proceed to conventional sentencing.\n\n- Targeting and exclusions: the Act excludes certain offences and offender histories from eligibility (e.g. violent or sexual offences, specified drug supply offences, firearms-related offences) (ss 5(2), 5A(2)).  This channels the scheme to a subset of offenders whose offences meet the Act’s criteria.\n\n- Implementation risks and trade-offs: the scheme’s operation depends on timely assessments, availability of treatment places and co-ordination between courts, corrections and health services (ss 18E, 7A(2)(d), 18D(1)(b)(v)).  If facilities are scarce, the Act permits the Drug Court to decline orders or to require custodial alternatives (s 18D(2)).  The Act balances program flexibility (wide discretionary powers and non-appeal clauses) against the need for procedural safeguards (assessment reports, explanation and written notice requirements for compulsory orders) (ss 18D, 18H–18I).\n\nConcentrated benefits, diffuse costs and potential substitution effects (source-grounded)\n\n- Concentrated benefits: individuals accepted into programs gain access to court-supervised treatment and the possibility of suspended execution of sentences; the Act also allows a compulsory detention pathway targeting a defined group of sentenced offenders (s 7A(5); Part 2A: ss 18C–18G).\n\n- Diffuse costs: the State must provide or allocate supervision, treatment capacity and correctional-centre accommodation (s 7A(2)(d); s 18D(1)(b)(v)).  Those are not costed in the Act but are prerequisite conditions for operation.\n\n- Substitution effects: the Act shifts some cases from standard custodial sentences to supervised treatment programs and, for eligible convicted offenders, to compulsory drug treatment detention rather than ordinary prison/ parole pathways (ss 7A, 12, Part 2A).\n\nKey limits and protections set by the Act\n\n- Immunity for certain admissions: statements made to seek referral, to gain acceptance into a program, or in program supervision are not admissible in criminal proceedings for unlawful possession or use of drugs and do not expose the maker to prosecution for those offences (s 17).\n\n- Procedural safeguards for compulsory orders: the Drug Court must ensure the offender understands obligations and consequences in language they can readily understand (s 18H) and must give written notice and issue a committal warrant as soon as practicable after making a compulsory order (ss 18I–18J).  However, failure to meet these procedural requirements does not invalid the order (ss 18H(2), 18I(2)).\n\nOverall, the Act sets up a court-administered treatment-and-supervision pathway as an alternative to ordinary imprisonment for a prescribed class of drug-dependent offenders (ss 3, 5, 5A, 7A–7C), and establishes a separate compulsory detention pathway for certain sentenced offenders requiring multidisciplinary assessment and specified availability of treatment places (Part 2A: ss 18C–18G).  The scheme creates administrative duties, reporting obligations and procedural protections, while giving the Drug Court substantial discretion in decisions about acceptance, variation, revocation and compulsory ordering (see ss 7A, 9–12, 18D)."}},"importantCases":[],"_links":{"self":"/api/acts/drug-court-act-1998","history":"/api/acts/drug-court-act-1998/history","analysis":"/api/acts/drug-court-act-1998/analysis","conflicts":"/api/acts/drug-court-act-1998/conflicts","importantCases":"/api/acts/drug-court-act-1998/important-cases","documents":"/api/acts/drug-court-act-1998/documents"}}