{"id":"nsw:sl-2020-0521","name":"Drug Court Regulation 2020","slug":"drug-court-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"521 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176440,"registerId":"nsw-nsw:sl-2020-0521-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Drug Court Regulation 2020](/view/html/inforce/current/sl-2020-0521).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Drug Court Regulation 2015](/view/html/repealed/current/sl-2015-0515), which was repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > facsimile means facsimile transmission, the Internet or any other means of electronic transmission of information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.\n> > \n> > the Act means the [Drug Court Act 1998](/view/html/inforce/current/act-1998-150).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Eligible person","content":"#### 4 Eligible person\n\n4 Eligible person\n\n> For the purposes of section 5(1)(e) of the Act, the following criteria are prescribed as other criteria that a person must satisfy to be an eligible person within the meaning of the Act—\n> \n> > (a) the person’s usual place of residence must be within one of the following local government areas—\n> > \n> > > Bayside, Burwood, Canterbury-Bankstown, City of Blacktown, City of Campbelltown, City of Canada Bay, City of Cessnock, City of Fairfield, City of Hawkesbury, City of Lake Macquarie, City of Liverpool, City of Maitland, City of Newcastle, City of Parramatta, City of Penrith, City of Randwick, City of Ryde, City of Sydney, City of Willoughby, Cumberland, Dubbo Regional, Georges River, Hunters Hill, Inner West, Lane Cove, Mosman, North Sydney, Port Stephens, Strathfield, The Hills Shire, Waverley, Woollahra,\n> \n> > (b) the person must not be suffering from any mental condition that could prevent or restrict the person’s active participation in a program under the Act,\n> \n> > (c) the person must be of or above the age of 18 years,\n> \n> > (d) criminal proceedings against the person for the offence with which the person is charged must not be criminal proceedings that are within the Children’s Court’s jurisdiction to hear and determine.\n> \n> **s 4:** Am 2022 (606), sec 3(1); 2023 (440), sec 3; 2024 (44), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Eligible convicted offender","content":"#### 5 Eligible convicted offender\n\n5 Eligible convicted offender\n\n> For the purposes of section 5A(1)(f) of the Act, the following criteria are prescribed as other criteria that a person must satisfy to be an eligible convicted offender within the meaning of the Act—\n> \n> > (a) the person’s usual place of residence must be, or the person must have the means to reside, within one of the following local government areas—\n> > \n> > > Bayside, Blue Mountains, Burwood, Camden, Canada Bay, Canterbury-Bankstown, Central Coast, City of Blacktown, City of Campbelltown, City of Fairfield, City of Hawkesbury, City of Liverpool, City of Parramatta, City of Penrith, City of Randwick, City of Ryde, City of Sydney, City of Willoughby, Cumberland, Georges River, Hornsby, Hunter’s Hill, Inner West, Ku-ring-gai, Lane Cove, Mosman, Northern Beaches, North Sydney, Strathfield, Sutherland Shire, The Hills Shire, Waverley, Wollongong, Woollahra,\n> \n> > (b) the person must be of or above the age of 18 years,\n> \n> > (c) criminal proceedings against the person for the offence for which the person was convicted must not be criminal proceedings that are within the Children’s Court’s jurisdiction to hear or determine,\n> \n> > (d) the person must be male.\n> \n> **s 5:** Am 2026 (112), Sch 1\\[1\\]–\\[4\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Referring courts—referral during proceedings","content":"#### 6 Referring courts—referral during proceedings\n\n6 Referring courts—referral during proceedings\n\n> For the purposes of sections 6(1) and 7(1)(b) of the Act, the following courts and proceedings are prescribed—\n> \n> > (a) the District Court, in respect of all criminal proceedings brought before it,\n> \n> > (b) the Local Court, in respect of all criminal proceedings brought before it.\n> \n> **s 6:** Am 2022 (606), sec 3(2) (3).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Guidelines to determine availability and allocation of facilities","content":"#### 7 Guidelines to determine availability and allocation of facilities\n\n7 Guidelines to determine availability and allocation of facilities\n\n> > (1) For the purposes of sections 7A(2)(d) and 7B(2)(d) of the Act, the following guidelines are to be observed in determining the availability and allocation of facilities for the supervision and control of a referred person’s participation in a program under the Act—\n> > \n> > > (a) facilities are taken to be available in relation to a referred person if—\n> > > \n> > > > (i) the person or body providing those facilities is willing to accept the referred person, and\n> > > \n> > > > (ii) it is reasonably likely that those facilities will be available to the referred person when needed, and\n> > > \n> > > > (iii) the registrar has received advice as to the treatment proposed to be provided to the referred person by means of those facilities,\n> > \n> > > (b) facilities are to be allocated to referred persons in accordance with policies determined from time to time by the Drug Court.\n> \n> > (2) In this section, referred person means a person who has been referred to the Drug Court under section 6 or 7 of the Act.\n> \n> **s 7:** Am 2022 (606), sec 3(4).","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of Criminal Procedure Act 1986","content":"#### 8 Application of Criminal Procedure Act 1986\n\n8 Application of [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)\n\n> > (1) For the purposes of section 18(2) of the Act, the provisions of section 265(1) and (2) of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) are modified so as to provide that, in proceedings before the Drug Court under section 7A, 7B or 7C of the Act, the obligations of the Drug Court and the prosecutor under those provisions of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) are suspended in relation to a person charged if the person charged consents to their suspension.\n> \n> > (2) The suspension of those obligations ceases to have effect—\n> > \n> > > (a) on the person withdrawing consent under subsection (1), or\n> > \n> > > (b) on the person consenting to being dealt with by the Drug Court under section 7D of the Act, or\n> > \n> > > (c) on the Drug Court referring the person back to the referring court under section 7D of the Act, or\n> > \n> > > (d) on the person being dealt with by the Drug Court under section 7E of the Act.\n> \n> **s 8:** Am 2022 (606), sec 3(5).","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Referring courts—referral of eligible convicted offenders","content":"#### 9 Referring courts—referral of eligible convicted offenders\n\n9 Referring courts—referral of eligible convicted offenders\n\n> For the Act, section 18B(1), the following courts are prescribed—\n> \n> > (a) the District Court,\n> \n> > (b) the Local Court,\n> \n> > (c) the Drug Court, for sentences imposed or determined under the Act, section 7D(3) or 12(3),\n> \n> > (d) the Court of Criminal Appeal, for appeals from—\n> > \n> > > (i) the District Court or the Local Court, or\n> > \n> > > (ii) the Drug Court about proceedings referred to in paragraph (c).\n> \n> **s 9:** Subst 2026 (112), Sch 1\\[5\\].","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Provision of information to Drug Court","content":"#### 10 Provision of information to Drug Court\n\n10 Provision of information to Drug Court\n\n> > (1) For the purposes of section 31(1) of the Act, the following persons are prescribed, but only if they are involved in the administration of, or provide services in connection with, a drug offender’s program—\n> > \n> > > (a) persons acting for or on behalf of the Hunter New England, Nepean Blue Mountains, Northern Sydney, South Eastern Sydney, South Western Sydney, Sydney, Western NSW or Western Sydney Local Health Districts,\n> > \n> > > (b) persons acting for or on behalf of the Drug Toxicology Unit of the NSW Forensic and Analytical Science Service (being an administrative arm of the Division of the Health Administration Corporation known as NSW Health Pathology),\n> > \n> > > (c) persons acting for or on behalf of an organisation providing treatment to a drug offender in connection with the drug offender’s program.\n> \n> > (2) For the purposes of section 31(2)(b) of the Act—\n> > \n> > > (a) information is to be provided to the registrar—\n> > > \n> > > > (i) personally, or\n> > > \n> > > > (ii) by letter sent by post to the registrar or delivered to the offices of the registrar, or\n> > > \n> > > > (iii) by letter sent to the registrar by means of document exchange facilities, or\n> > > \n> > > > (iv) by message sent by facsimile, and\n> > \n> > > (b) information provided to the registrar otherwise than in writing must be confirmed in writing within 24 hours unless the registrar indicates otherwise.\n> \n> **s 10:** Am 2022 (606), sec 3(6); 2024 (44), Sch 1\\[2\\].","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Forms","content":"#### 11 Forms\n\n11 Forms\n\n> Any form that may be used in respect of criminal proceedings before the District Court or the Local Court may also be used in respect of criminal proceedings before the Drug Court in its exercise of the criminal jurisdiction of the respective court.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Fees","content":"#### 12 Fees\n\n12 Fees\n\n> > (1) Any fee that may be charged in respect of criminal proceedings before the District Court or the Local Court may also be charged in respect of criminal proceedings before the Drug Court in its exercise of the criminal jurisdiction of the respective court.\n> \n> > (2) The Drug Court may postpone, waive or remit any fee that may be charged under the Act, either unconditionally or subject to conditions.\n> \n> > (3) The Drug Court’s function under subsection (2) may be exercised by the registrar.\n> \n> **s 12:** Am 2022 (606), sec 3(7).","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Referrals to Drug Court","content":"#### 13 Referrals to Drug Court\n\n13 Referrals to Drug Court\n\n> A referral under section 6, 7 or 18B of the Act to the Drug Court by another court may be made by notifying the registrar by telephone, in writing or by facsimile of the other court’s decision to so refer the matter.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Referral back by Drug Court","content":"#### 14 Referral back by Drug Court\n\n14 Referral back by Drug Court\n\n> > (1) An order under section 7D of the Act referring a matter back to the referring court may be made by the Drug Court in the absence of the person to whom the order relates.\n> \n> > (2) The registrar may, by telephone or facsimile, notify a court of an order by the Drug Court to refer a person back to the referring court.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Savings","content":"#### 15 Savings\n\n15 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the [Drug Court Regulation 2015](/view/html/repealed/current/sl-2015-0515), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":14}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the regulation's scope has shifted from its original purpose of supporting the operational framework of the NSW Drug Court. The multiple amendments since 2020 suggest routine updates rather than fundamental changes in direction."},"complexity_factors":["Only administrative/metadata content is visible — the substantive provisions of the regulation are not included in the provided text","The regulation itself (when complete) would likely contain procedural rules of moderate complexity, but cannot be assessed here","Multiple version amendments since 2020 suggest incremental changes, though their nature is unknown from this document","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of administrative complexity"],"plain_english_summary":"## Drug Court Regulation 2020 (NSW)\n\nThis is a **supporting regulation** (a set of detailed rules made under a broader law) for NSW's Drug Court system — a specialist court that deals with people whose criminal offending is driven by serious drug addiction.\n\n**What is the Drug Court?** Instead of sending eligible offenders straight to prison, the Drug Court puts them through an intensive rehabilitation program involving regular court appearances, drug testing, counselling, and treatment. It aims to break the cycle of drug addiction and crime.\n\n**What does this Regulation do?** Unfortunately, the document provided contains only the *administrative wrapper* of the regulation — things like version history, status notices, and website navigation — rather than the actual substantive content (the rules themselves). Based on what is visible:\n\n- It is a **NSW regulation** that has been updated multiple times since it commenced in September 2020\n- It is scheduled for **automatic repeal on 1 September 2026** — meaning it will expire and need to be replaced or renewed\n- It sits under the Drug Court Act 1998 (NSW)\n\n**Who does it affect?**\n- People referred to or participating in the NSW Drug Court program\n- Legal practitioners (lawyers) representing such clients\n- Court staff and treatment providers working within the Drug Court system\n\n**Why does it matter?** The Drug Court offers a genuine alternative to imprisonment for people struggling with addiction. The regulation sets the procedural rules that make that program work in practice."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Regulation as published includes specific amendments and substituted provisions recorded in amendment notes (see notes to s 4, s 5, s 6, s 7, s 8, s 9, s 10, s 12). Those amendment entries indicate the Regulation’s scope has changed since earlier versions by altering eligibility criteria (including changes recorded to s 4 and a substitution in s 5), prescribing different referring courts (s 6, s 9) and updating procedural or administrative particulars (s 7, s 8, s 10, s 12). The published text therefore embodies a changed scope relative to predecessor regulations as reflected in the amendment citations."},"complexity_factors":["Multiple cross-references to the Drug Court Act and the Criminal Procedure Act (s 3, s 8) requiring users to read both instruments to understand interaction","Detailed eligibility rules that differ between referred persons and convicted offenders, including geographic lists and a sex-based requirement for convicted offenders (s 4–5)","Operational discretion concentrated in the Drug Court and registrar (facility allocation policies, fee remission, notification methods) (s 7, s 12, s 14)","Procedural modifications contingent on individual consent with multiple terminating events, adding conditional procedural complexity (s 8)","Mixed formal/informal communication channels with short written-confirmation deadlines that create administrative compliance steps (s 10, s 13–14)"],"plain_english_summary":"What this Regulation does (mechanics)\n\n- It sets rules the Drug Court must follow about who can be dealt with by the Drug Court, how people get referred in and out, what information and forms are used, how facilities are treated, and how fees and notifications operate. Key provisions: eligibility criteria for referred persons and convicted offenders (s 4–5); which courts can refer matters to the Drug Court (s 6, s 9); how to decide whether treatment/supervision facilities are available and how they are allocated (s 7); a limited modification of certain Criminal Procedure Act obligations if a charged person consents (s 8); what organisations may provide information to the court and how that information must be delivered (s 10); use of District/Local Court forms and fees in Drug Court proceedings and who may waive fees (s 11–12); practical referral and notification methods (s 13–14); and a savings clause preserving acts under the former regulation (s 15).\n\nWho this affects\n\n- People charged with or convicted of offences who are being considered for the Drug Court: their eligibility is limited by age, residence, mental capacity for program participation and, for convicted offenders, an explicit requirement that the person be male (s 4, s 5).\n- Local courts, the District Court, the Drug Court itself and the Court of Criminal Appeal to the extent specified (s 6, s 9).\n- Health districts, specified forensic/toxicology services and organisations providing treatment: they are prescribed as authorised sources of information for the Drug Court when involved in administering a drug offender’s program (s 10).\n- Providers of supervision/treatment facilities: the Regulation sets when facilities count as “available” and states allocation follows Drug Court policy (s 7).\n- Registrars and Drug Court officials: they have operational powers to accept referrals, receive information by phone/fax/writing, postpone/waive fees, and notify other courts (s 10, s 12–14).\n\nWhy it matters (stated purpose and practical implications)\n\n- The Regulation operationalises the Drug Court Act by prescribing concrete eligibility rules, referral routes, information flows and procedural adjustments needed to run drug-court programs (see s 4–13, s 8). That is, it translates the Act’s framework into day-to-day processes courts, registrars, health services and treatment providers must follow.\n\nCosts, incentives, trade-offs and implementation points (source‑grounded)\n\n- Who pays and who decides: The Regulation does not create new financial levies but allows the Drug Court to charge the same fees as District or Local Courts (s 12(1)) and to postpone, waive or remit fees (s 12(2)–(3)). The Drug Court (and the registrar acting under delegation) decide fee remission and some operational notifications (s 12(2)–(3), s 14(2)).\n\n- Eligibility constraints concentrate eligibility geographically and demographically: residence or ability to reside in listed local government areas is a statutory precondition (s 4(a); s 5(a)), and convicted-offender eligibility includes a sex-based criterion requiring the person to be male (s 5(d)). These are mechanical gatekeeping rules that determine who may access Drug Court pathways.\n\n- Administrative discretion and delegation: the registrar has explicit delegated functions—receiving/confirming information (s 10), exercising the Drug Court’s fee‑remission function (s 12(3)), and transmitting referral/return notifications by telephone or facsimile (s 13–14). Those delegations create operational discretion in the registrar’s office.\n\n- Information and compliance burden on providers: specified health districts, the Drug Toxicology Unit and treatment organisations are prescribed as sources of information (s 10(1)). Information may be provided by multiple channels (personal delivery, post, document exchange, facsimile) and any non‑written communication must be confirmed in writing within 24 hours unless the registrar directs otherwise (s 10(2)). That imposes a short written-confirmation requirement on communicating parties.\n\n- Facility availability and supply signalling: facilities are “available” only if the provider is willing to accept the referred person, availability is reasonably likely when needed, and the registrar has received advice about proposed treatment (s 7(1)). Allocation of facilities is done according to Drug Court policies (s 7(1)(b)). This ties practical access to treatment beds/spaces to provider willingness and to internal allocation policies, rather than to a statutory queueing rule.\n\n- Procedural modification contingent on consent: the Regulation permits suspension of certain obligations under the Criminal Procedure Act in Drug Court proceedings where the person charged consents; the suspension ends on withdrawal of consent or on various disposition events (s 8(1)–(2)). This creates an opt‑in procedural pathway that alters obligations only with consent.\n\n- Referral and notification methods prioritise rapid, low‑formality communication: courts may refer matters by telephone, writing or facsimile (s 13); the Drug Court may refer back in the person’s absence and notify by phone/fax (s 14). That reduces formality for operational communications but places weight on registrarial processes to ensure records and confirmations are made.\n\n- Effects on private enterprise and independent treatment providers: treatment organisations are explicitly included as prescribed information providers (s 10(1)(c)). The Regulation does not set prices, contract terms, licensing or procurement rules for treatment providers; it does, however, make access to Drug Court pathways contingent on provider willingness and Drug Court allocation policies (s 7). The Regulation therefore shapes demand-side access to provider services without directly regulating provider supply conditions.\n\nRisks and trade-offs to watch (implementation risks grounded in the text)\n\n- Capacity constraints: treating facilities count as available only if it is “reasonably likely” they will be available when needed and the registrar has received treatment advice (s 7(1)). Where capacity is thin, the availability test could delay or limit referrals.\n\n- Concentrated eligibility and exclusion: residence lists and a male-only convicted-offender rule (s 5(d)) narrow the pool of persons who can participate; groups outside listed LGAs or of the excluded sex cannot access these statutory pathways unless other eligibility elements apply.\n\n- Operational reliance on registrar: multiple operational functions and confirmations rest on the registrar (receiving provider advice, confirming information, fee remission delegation, notifications by phone/fax) (s 7(1), s 10(2), s 12(3), s 14(2)). That centralisation simplifies administration but concentrates procedural discretion and workload.\n\n- Reliance on consent for procedural suspension: substituting statutory obligations under the Criminal Procedure Act requires individual consent (s 8(1)). If persons do not or cannot consent, the suspension cannot operate.\n\n- Record/confirmation burden from informal communications: telephone/facsimile referrals and notifications are permitted (s 13–14), but non‑written information must generally be confirmed in writing within 24 hours (s 10(2)(b)), creating a short‑deadline compliance requirement.\n\nRelevant sections cited where these mechanics and trade-offs arise: s 4–5 (eligibility), s 6, s 9 (referring courts), s 7 (facility availability/allocation), s 8 (procedural suspension), s 10 (information providers and communication methods), s 11–12 (forms and fees), s 13–14 (referrals and notifications), s 15 (savings)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation appears to maintain its original purpose of operationalising the Drug Court Act 1998. The amendments shown (through 2026) are incremental updates to geographic coverage and procedural details rather than expansion into new substantive areas. The core scope — setting eligibility criteria and administrative procedures for Drug Court referrals — remains consistent with the original 2020 instrument."},"complexity_factors":["Short regulation with only 15 sections and minimal cross-referencing","Only 2 defined terms in the interpretation section ('facsimile' and 'the Act')","Straightforward conditional logic — mostly simple criteria lists (age, location, gender)","Some administrative complexity from multiple amendment notes (2022, 2023, 2024, 2026) indicating active legislative maintenance","Geographic lists are long but not legally complex — just enumerations of local government areas","No nested exceptions or highly conditional operative provisions"],"plain_english_summary":"**What this legislation does**\n\nThis Regulation sets out the practical rules for how the NSW Drug Court operates. The Drug Court is a special court that lets certain people with drug problems avoid prison by completing intensive treatment and supervision programs instead.\n\n**Who it affects**\n\n- **People charged with crimes** who want to get into a Drug Court program (called \"eligible persons\")\n- **People already convicted** who might be referred to the Drug Court for sentencing (called \"eligible convicted offenders\")\n- **Other courts** (Local Court and District Court) that can refer people to the Drug Court\n- **Health services** that provide drug treatment and must share information with the Drug Court\n\n**Key rules covered**\n\n- **Where you must live**: To get into a program, you must usually live in specific Sydney, Newcastle, or Wollongong council areas. The exact list differs slightly depending on whether you're facing charges or already convicted.\n- **Who can participate**: You must be 18 or older, not have certain mental health conditions (for pre-conviction referrals), and — controversially — if you're already convicted, you must be **male** (section 5(d)).\n- **How courts refer cases**: The Local Court and District Court can refer people during proceedings; various courts can refer convicted offenders for sentencing.\n- **How information is shared**: Health providers and drug testing services must give information to the Drug Court about how participants are going in their treatment.\n- **Practical procedures**: How to make referrals (phone, fax, writing), what forms to use, and what fees apply.\n\n**Why it matters**\n\nThis Regulation determines who gets a chance at treatment instead of prison. The geographic restrictions mean many rural and regional NSW residents are excluded. The male-only requirement for convicted offenders (section 5(d)) is a significant limitation that has attracted criticism for excluding women from post-conviction rehabilitation pathways."}},"importantCases":[],"_links":{"self":"/api/acts/drug-court-regulation-2020","history":"/api/acts/drug-court-regulation-2020/history","analysis":"/api/acts/drug-court-regulation-2020/analysis","conflicts":"/api/acts/drug-court-regulation-2020/conflicts","importantCases":"/api/acts/drug-court-regulation-2020/important-cases","documents":"/api/acts/drug-court-regulation-2020/documents"}}