sec.11ABCondition requiring completion of DAAR course

### sec.11AB Condition requiring completion of DAAR course This section applies to a court authorised by this Act to grant bail for the release of a person. If the person consents to completing a DAAR course, the court may impose a condition for the person’s release that the person complete a DAAR course by a stated day. The person does not commit an offence against section 29 by breaking the condition. See section 29 (2) (b) . Section 30 sets out the procedures for varying the person’s bail if the condition is broken or is likely to be broken. In deciding whether to impose the condition, the court must have regard to the following— the nature of the offence in relation to which bail is proposed to be granted; the person’s circumstances, including any benefit the person may derive by completing a DAAR course; the public interest. However, subsection (2) does not apply if— the person has completed 2 DAAR courses within the previous 5 years; or the person is under 18 years; or section 11A applies. This section does not limit the conditions the court may impose under section 11 . In this section— approved provider means an entity approved by the chief executive (health) by gazette notice to provide DAAR courses. chief executive (health) means the chief executive of the department in which the Medicines and Poisons Act 2019 is administered. DAAR stands for Drug and Alcohol Assessment Referral. DAAR course means a course provided to a person by an approved provider in which— the person’s drug or alcohol use is assessed; and the person is given information about appropriate options for treatment and may be offered counselling or education. s 11AB ins 2014 No. 42 s 5 sub 2016 No. 4 s 5 amd 2019 No. 26 s 290 sch 2 ; 2023 No. 3 s 4 (sec.11AB-ssec.1) This section applies to a court authorised by this Act to grant bail for the release of a person. (sec.11AB-ssec.2) If the person consents to completing a DAAR course, the court may impose a condition for the person’s release that the person complete a DAAR course by a stated day. The person does not commit an offence against section 29 by breaking the condition. See section 29 (2) (b) . Section 30 sets out the procedures for varying the person’s bail if the condition is broken or is likely to be broken. (sec.11AB-ssec.3) In deciding whether to impose the condition, the court must have regard to the following— the nature of the offence in relation to which bail is proposed to be granted; the person’s circumstances, including any benefit the person may derive by completing a DAAR course; the public interest. (sec.11AB-ssec.4) However, subsection (2) does not apply if— the person has completed 2 DAAR courses within the previous 5 years; or the person is under 18 years; or section 11A applies. (sec.11AB-ssec.5) This section does not limit the conditions the court may impose under section 11 . (sec.11AB-ssec.6) In this section— approved provider means an entity approved by the chief executive (health) by gazette notice to provide DAAR courses. chief executive (health) means the chief executive of the department in which the Medicines and Poisons Act 2019 is administered. DAAR stands for Drug and Alcohol Assessment Referral. DAAR course means a course provided to a person by an approved provider in which— the person’s drug or alcohol use is assessed; and the person is given information about appropriate options for treatment and may be offered counselling or education. - 1 The person does not commit an offence against section 29 by breaking the condition. See section 29 (2) (b) . - 2 Section 30 sets out the procedures for varying the person’s bail if the condition is broken or is likely to be broken. - (a) the nature of the offence in relation to which bail is proposed to be granted; - (b) the person’s circumstances, including any benefit the person may derive by completing a DAAR course; - (c) the public interest. - (a) the person has completed 2 DAAR courses within the previous 5 years; or - (b) the person is under 18 years; or - (c) section 11A applies. - (a) the person’s drug or alcohol use is assessed; and - (b) the person is given information about appropriate options for treatment and may be offered counselling or education.