80ZTreatment program conditions

80Z Treatment program conditions (1) The treatment program conditions of a treatment order, while the treatment and supervision part of the order is in force, are that an offender subject to the order— (a) must complete a program of treatment in relation to the alcohol or drug dependency of the offender (a treatment program); and (b) must comply with any other condition imposed by the court as necessary to achieve the purpose of the treatment program. Drug and alcohol treatment orders—treatment and supervision part Division 5.4A.6 (2) Without limiting subsection (1) (b), the court may impose 1 or more of the following conditions, requiring the offender to: (a) submit to medical, psychiatric or psychological treatment that is relevant to the offender’s alcohol or drug dependency; (b) submit to detoxification at a stated facility that is not a correctional centre; (c) participate in counselling or programs for treatment relevant to— (i) the offender’s alcohol or drug dependency; or (ii) the offending behaviour of the offender; (d) attend meetings with a stated person or class of person for the (e) participate in vocational, educational or employment programs or courses; (f) not return a positive test sample for alcohol or a drug; (g) wear a device that detects alcohol or drug usage by the offender; (h) install a device or equipment at the offender’s home address; (i) live at a stated place for a stated period. positive, for a test sample—see the Corrections Management Act 2007, dictionary. 80ZA Good behaviour order to apply after treatment and supervision part ends If the treatment and supervision part of a treatment order ends before the end of the sentence of imprisonment suspended under the custodial part, the court must make a good behaviour order that— (a) begins on the day after the treatment and supervision part ends; and (b) ends on the day the custodial part ends. Division 5.4A.7 Drug and alcohol treatment orders— breaches etc 80ZB Breach of treatment order—other than commission of (1) If the court is satisfied on the balance of probabilities that an offender subject to a treatment order has breached a condition of the treatment order, other than by the commission of an offence, the court must make 1 or more of the following orders: (a) an order confirming the treatment and supervision part of the order with no further action to be taken on the breach; (b) an order giving the offender a warning about the need to comply with the offender’s treatment order obligations; (c) an order amending the treatment and supervision part in accordance with subsection (2); (d) an order requiring the offender to comply with 1 or more of the following conditions: (i) stay at a stated place, other than a correctional centre, for a stated period of up to 14 days; (ii) stay at the stated place between stated hours for a stated period; (iii) surrender a firearm in the offender’s possession or control; (iv) not acquire a firearm; (v) not consume alcohol or take drugs; (vi) not drive a motor vehicle under particular circumstances, or at all; (vii) undergo an assessment for admission to a residential rehabilitation program and, if found suitable, participate in the program; (viii) any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005, that the court considers appropriate; (e) an order provisionally cancelling the suspension of the sentence of imprisonment under the custodial part, for a period of at least 3 days but not more than 14 days, and reinstating the suspension at the end of the period; (f) an order cancelling the treatment order and imposing, in full or in part, the sentence of imprisonment that was suspended under the custodial part of the treatment order; (g) an order cancelling the treatment order and resentencing the offender for each offence in relation to which the treatment order was made in any way in which the court could deal with the offender if, at the time of resentencing, it had convicted the offender of each offence, other than by making an order under section 12A (Drug and alcohol treatment orders). (2) The treatment and supervision part of the order may be amended by adding, modifying or removing treatment program conditions. Examples—treatment program condition 1 frequency of treatment 2 degree of supervision 3 frequency of drug and alcohol testing (3) The court may make an order under subsection (1) (e) for longer than 14 days if satisfied that treatment appropriate to achieve the objects of the treatment order will only become available to the offender at the end of the longer period. (4) If the court is satisfied on the balance of probabilities that an offender who is subject to a condition of an order made under subsection (1) (d) has breached the condition, the court must— (a) confirm or amend the order; or (b) cancel the order and make another order under subsection (1). (5) The court may make an order under this section on its own initiative (6) If the court makes an order under this section, the court must, as soon firearm—see the Firearms Act 1996, section 6. motor vehicle—see the Road Transport (General) Act 1999, dictionary. 80ZBA Breach of treatment order—other than commission of offence—Magistrates Court may make temporary order (1) This section applies in relation to an offender subject to a treatment (a) the offender has been arrested for breaching the treatment order obligations; and Note The offender may be arrested under a warrant (see s 80ZJ) or without a warrant (see s 80ZK). (b) the offender has not been brought before the Supreme Court in relation to the arrest; and (c) the earliest practicable time the offender can be brought before the Supreme Court— (i) is not a day on which the Supreme Court is sitting; and (ii) is a day on which a magistrate is sitting in relation to another proceeding before the Magistrates Court. (2) If the Magistrates Court is satisfied on the balance of probabilities that the offender has breached a condition of the treatment order, other than by the commission of an offence, the Magistrates Court may make 1 or more of the following orders: (a) an order giving the offender a warning about the need to comply with the offender’s treatment order obligations; (b) an order requiring the offender to comply with 1 or more of the conditions mentioned in section 80ZB (1) (d), as additional conditions to those imposed by the Supreme Court; (c) if the next day on which the Supreme Court is sitting is not more than 14 days after the day the Magistrates Court makes the order—an order temporarily cancelling the suspension of the sentence of imprisonment under the custodial part until the next day on which the Supreme Court is sitting. (3) If the Magistrates Court makes an order under subsection (2) (c), the order must state the next day on which the Supreme Court is sitting. (4) The Magistrates Court may make an order under this section on its own initiative or on application by— (5) If the Magistrates Court makes an order under this section, the Magistrates Court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to— (b) each member of the treatment order team; and (c) any other person who the Magistrates Court considers should receive the notice. (6) Failure to comply with subsection (3) or (5) does not invalidate the (7) If the Magistrates Court makes an order under subsection (2), the Supreme Court on the next day on which it is sitting— (a) must review the order; and (b) for an order made under subsection (2) (a) or (b)—must confirm, amend or revoke the order. (8) Nothing in this section prevents the Supreme Court— (a) making an order under section 80ZB in relation to the offender’s breach of the condition of their treatment order; or (b) reviewing the offender’s treatment order under section 80ZH. 80ZC Provisional breach of treatment order—offender in custody (1) This section applies if the court is satisfied that an offender to whom a treatment order applies— (a) has been charged with an offence against a law in force in (b) is in custody waiting for criminal proceedings for the offence to be decided. (2) The court must make an order provisionally suspending the treatment and supervision part of the order until— (a) the offender is no longer in custody for the offence; or (b) the court makes an order under this division cancelling the (3) Time served by the offender on remand for the offence counts toward the sentence imposed under the custodial part of the treatment order. Note The court may review a treatment order at any time and for any reason if it is in the interests of justice (see s 80ZH). in custody means— (a) remanded in custody under a law in force in Australia or elsewhere; or (b) detained at a place under the Mental Health Act 2015, or a corresponding law in force in Australia or elsewhere. 80ZD Breach of treatment order—commission of offence (a) an offender to whom a treatment order applies commits an offence against a law in force in Australia or elsewhere (a further offence) while subject to the order; and (b) the further offence is punishable by imprisonment; and (c) the court— (i) convicts the offender of the further offence; or (ii) is satisfied that the offender was convicted by another court, in the ACT or elsewhere, of the further offence. (2) If the offender is not subject to a sentencing order for the further offence, the court may— (a) make no order in relation to the treatment order; or (b) give the offender a warning about the need to comply with the offender’s treatment order obligations; or (c) make an order amending the treatment and supervision part of the order; or (d) make an order cancelling the treatment order. (3) If the offender is subject to a sentencing order for the further offence, the court must make an order cancelling the treatment order. Note A sentence of imprisonment suspended under a treatment order is not part of a suspended sentence order (see s 12 (7)). (4) If the court cancels a treatment order under subsection (2) (d) or (3), the court must either— (a) impose the sentence of imprisonment that was suspended under the custodial part of the treatment order; or (b) if the court considers it appropriate in the circumstances— resentence the offender for each offence in relation to which the treatment order was made and in any way in which the court could deal with the offender if it had convicted the offender of each offence at the time of resentencing, other than by making an order under section 12A (Drug and alcohol treatment orders). (5) If the court orders the imposition of a sentence of imprisonment under this section, the court— (a) must order that the offender serve all or part of the sentence by full-time detention at a correctional centre; and (b) may reduce the sentence by any period served in custody under the treatment and supervision part of the treatment order, taking into account the extent to which the offender complied with that part of the order. (6) The court may make an order under this section on its own initiative (7) If the court makes an order under this section, the court must, as soon (b) any other person the court considers should receive the notice. (8) Failure to comply with subsection (7) does not invalidate the sentencing order—see section 12A (9). 80ZE Cancellation of treatment order—unsatisfactory circumstances (1) The court may cancel a treatment order if it is satisfied on the balance of probabilities that— (a) before the order was made, inaccurate or misleading information about the offender or the offender’s circumstances was given to the court or an assessor who prepared a drug and alcohol treatment assessment in relation to the offender, and as a result of the information, the making of the order was inappropriate; or (b) the offender will not be able to comply with a condition of the offender’s treatment order because the circumstances of the offender have materially changed since the order was made; or (c) the offender is unwilling or unlikely to comply with a condition of the offender’s treatment order; or (d) the continuation of the treatment and supervision part of the order is not likely to achieve the objects of the order; or (e) the offender withdraws the offender’s consent to the treatment order; or (f) the offender poses an unacceptable risk to the safety or welfare of a person. (2) If the court decides to cancel a treatment order under subsection (1) the court must make an order cancelling the treatment order and, taking into account the extent to which the offender has complied with the treatment and supervision part of the order, either— (a) impose the sentence of imprisonment that was suspended under the custodial part of the treatment order; or (b) if the court considers it appropriate in the circumstances— resentence the offender for each offence in relation to which the treatment order was made and in any way in which the court could deal with the offender if it had convicted the offender of each offence at the time of resentencing, other than by making an order under section 12A (Drug and alcohol treatment orders). (3) If the court orders the imposition of a sentence of imprisonment under this section, the court— (a) must order whether the offender is to serve all or part of the sentence by full-time detention at a correctional centre; and (b) may reduce the sentence by any period served in custody under the treatment and supervision part of the treatment order, taking into account the extent to which the offender complied with that part of the order. (4) The court may make an order under this section on its own initiative (5) This section applies in addition to section 80ZB and section 80ZD. (6) If the court makes an order under this section, the court must, as soon (b) any other person the court considers should receive the notice. (7) Failure to comply with subsection (6) does not invalidate the order. 80ZF Cancellation of treatment order—satisfactory circumstances (1) The court may, on its own initiative, make an order cancelling the treatment and supervision part of a treatment order if it is satisfied on the balance of probabilities that— (a) the offender has fully or substantially complied with the conditions of the offender’s treatment order; and (b) the continuation of the treatment order is no longer necessary to achieve the objects of the order. (2) To avoid doubt, a treatment order that is only made up of a custodial part because of an order of the court under subsection (1) is taken to be a treatment order for this part. (3) If the court makes an order under this section, the court must, as soon order, together with a copy of the order, is given to the offender. (4) Failure to comply with subsection (3) does not invalidate the order. Note The court must make a good behaviour order in relation to an offender who is the subject of a treatment order if the treatment and supervision part of the order ends before the sentence of imprisonment suspended under the custodial part of the order (see s 80ZA). Division 5.4A.8 Drug and alcohol treatment orders— review by court 80ZG Application—pt 5.4A.8 This division applies to the review of a treatment order. Drug and alcohol treatment orders—review by court Division 5.4A.8 80ZH Drug and alcohol treatment orders—review (1) The court may review a treatment order for an offender at any time and for any reason if it is satisfied the review is in the interests of justice. (2) The court may review a treatment order— (i) the defence; or (ii) any other member of the treatment order team. (3) The court may carry out a review under this division in any way it (4) However, the court must conduct a hearing for a review in which the court is considering making an order under— (a) section 80ZB (1) (e) provisionally cancelling the suspension of a sentence under a treatment order; or (b) section 80ZB (1) (f), section 80ZD (4) (a) or section 80ZE (2) (a) cancelling the treatment order; or (c) section 80ZB (1) (g), section 80ZD (4) (b) or section 80ZE (2) (b) cancelling the treatment order and resentencing the offender. (5) An entity mentioned in subsection (2) (b) may appear at a hearing of the review. (6) The court may, on the review, confirm or amend the order as the court (7) If the court amends the order, the court must, as soon as practicable, ensure that written notice of the review decision, together with a copy of the amended treatment order is given to— (8) Failure to comply with subsection (7) does not invalidate the order as 80ZI Drug and alcohol treatment orders—notice of review (1) The court must, as far as practicable, give written notice of a proposed review of the offender’s treatment order to the defence and the other members of the treatment order team. (b) if a hearing for the review is to be conducted—the time and place for the review. (3) Failure to comply with this section does not invalidate the review. Drug and alcohol treatment orders—miscellaneous Division 5.4A.9 Division 5.4A.9 Drug and alcohol treatment orders— miscellaneous 80ZJ Arrest warrant—breach of treatment order obligations (1) A judge may issue an arrest warrant if satisfied, by information on oath, that an offender subject to a treatment order has failed to comply, or will fail to comply, with the offender’s treatment order obligations. (a) be in writing signed by the judge; and (d) order the offender’s arrest and bringing the offender before the (3) A police officer who arrests the offender under the warrant must, as soon as practicable, bring the offender before the court. 80ZK Arrest without warrant—breach of treatment order (1) This section applies if a police officer believes, on reasonable grounds, that— (a) an offender has failed to comply, or will fail to comply, with any of the offender’s treatment order obligations; and (b) it is not practicable under the circumstances for the officer to obtain a warrant under section 80ZJ. (2) The police officer may arrest the offender without a warrant. (3) If the police officer arrests the offender, the police officer must, as soon as practicable, bring the offender before the court. 80ZL Drug and alcohol treatment orders—outstanding warrants (1) This section applies if a warrant is issued for an offender’s arrest under this division. (2) Any period for which the warrant is outstanding and the offender is not in custody does not count toward the sentence imposed under the custodial part of the order. in custody means— (a) remanded in custody under a law in force in Australia or elsewhere; or (b) detained at a place under the Mental Health Act 2015, or a corresponding law in force in Australia or elsewhere. 80ZM Immunity from criminal liability (1) An offender’s admission of guilt in relation to a relevant drug offence is not admissible in evidence in a proceeding in relation to that offence if the admission was made during— (a) the preparation of a drug and alcohol treatment assessment of the offender; or (b) administering a treatment order for the offender. (2) The admission, and any evidence obtained as a result of the admission, is not admissible in a criminal proceeding against the offender for the relevant drug offence. (3) However, subsections (1) and (2) do not prevent a criminal proceeding against the offender for the relevant drug offence if evidence of the offence exists in a form other than the admission made by the offender or the evidence obtained as a result of the admission. Drug and alcohol treatment orders—miscellaneous Division 5.4A.9 relevant drug offence means the following: (a) an offence against the Criminal Code, section 618; (b) an offence against the Drugs of Dependence Act 1989, section 162, section 164, section 169 or section 171; (c) an offence against the Medicines, Poisons and Therapeutic Goods Act 2008, section 26 (2), section 34 (1) or (2), section 37 (2) or section 43 (3); (d) an offence prescribed by regulation. 80ZN No appeal against particular decisions (1) No appeal may be made against a decision of the court— (a) not to order a drug and alcohol treatment assessment; or (b) not to make a treatment order; or (c) that an offender breached a condition of a treatment order; or (d) to amend the treatment and supervision part of a treatment order. (2) Subsection (1) applies despite any other territory law. 80ZO Evidentiary certificates (1) A certificate that appears to be signed by or for any of the following and which states any matter relevant to anything done or not done under this part in relation to a person, is evidence of the matter: (a) the director-general; (b) the health director-general; (c) the director-general responsible for the Corrections Management Act 2007; (d) an analyst. (2) The court must accept a certificate mentioned in subsection (1) as proof of the matters stated in it if there is no evidence to the contrary. (3) The director-general may appoint analysts for this part. Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. (4) An appointment under subsection (3) is a notifiable instrument. analyst means a person who is appointed as an analyst under subsection (3). 80ZP Information exchanges—treatment order team (1) This section applies to personal information about an offender held by a member of the treatment order team that was obtained as a result of a drug and alcohol treatment assessment, or the administration or making of a treatment order for the offender. (2) A member of the treatment order team may give the information to another member of the treatment order team for the purposes of the other member. information to be given by, or to, a member of the treatment order team. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). personal information, about an offender, means any information or opinion relating to the offender, whether true or not, and whether recorded in a document or not. Part 5.5 Imprisonment—explanation and information