80TDrug and alcohol treatment orders—suitability

80T Drug and alcohol treatment orders—suitability (1) The court must not make a treatment order for an offender unless the court has considered— (a) a pre-sentence report, if any, prepared for the offender in the proceeding; and (b) a drug and alcohol treatment assessment for the offender. (2) In deciding whether to make a treatment order for the offender, the court must consider the following: (a) any recommendations in the drug and alcohol treatment assessment; (c) any evidence given by an assessor who prepared the drug and alcohol treatment assessment; (d) any evidence given, or submission made, by a member of the treatment order team about the offender. (4) In considering the drug and alcohol treatment assessment, the court must consider any indicators of unsuitability mentioned in table 46K, column 3 that are stated in the assessment to apply to the offender. (5) The court may make, or decline to make, a treatment order for the offender despite— (a) any recommendation in the drug and alcohol treatment assessment; or (b) any evidence given by the person who prepared the drug and alcohol treatment assessment; or (c) any evidence given, or submission made, by a member of the treatment order team. Drug and alcohol treatment orders—eligibility and suitability Division 5.4A.3 (6) The court must record reasons for its decision to make, or decline to make, a treatment order for the offender if the drug and alcohol treatment assessment recommends that the offender— (a) is suitable but the court decides not to make a treatment order for the offender; or (b) is not suitable but the court decides to make a treatment order for the offender.