The Act creates a specialised Drug Court that diverts eligible drug‑dependent offenders into court‑supervised treatment programs—suspending sentences while participants undertake counselling, testing and supervision—and establishes a compulsory drug‑treatment detention pathway for certain sentenced offenders. It targets people whose offending is linked to drug dependence, shifts cases from ordinary imprisonment into treatment, requires available treatment places, concentrates decision‑making in the Drug Court with limited appeal rights, and imposes reporting and resource duties on government and providers.
The Drug Court Act 1998 constitutes the Drug Court of New South Wales as a court of record (s 19) and confers on it a hybrid criminal jurisdiction that replicates both the criminal jurisdiction of the District Court and the Local Court (s 24(1)–(2)). Its substantive work is performed through two parallel schemes.
Part 2 establishes a diversionary and supervisory regime. Any court prescribed by regulation must ascertain whether a person charged with an offence appears to be an “eligible person” (s 6(2)(a)) and, if willing, refer that person to the Drug Court. Eligibility is tightly defined in s 5: the person must face a charge that is not excluded (no violent conduct, sexual assault, or prescribed offences; no indictable drug supply under Division 2 of Part 2 of the Drug Misuse and Trafficking Act 1985 unless capable of summary disposal), must have pleaded or indicated a guilty plea, must appear drug-dependent on prohibited drugs or prescribed substances, must be highly likely to receive full-time imprisonment, and must meet any regulatory criteria. Once referred, the Drug Court may convict and sentence under the Crimes (Sentencing Procedure) Act 1999 (ss 7A(3)–(4)), but only after satisfying itself on seven cumulative preconditions including appropriateness, availability of supervision facilities, informed consent to program conditions, and written consent from any affected co-resident (s 7A(2)).
On sentencing, the Court must immediately or within 14 days impose a program of conditions (s 7A(5)(a)) and suspend execution of the sentence for the program’s duration (s 7A(5)(b)). The permissible conditions are listed in s 7A(7) and elaborated in s 16: conduct and good-behaviour requirements, counselling, supervision, urinalysis or other drug testing, residence and association restrictions, reintegration activities, rewards, sanctions, and any other appropriate conditions. Statutory conditions also permit the Court, with consent, to commit the participant to custody for up to 21 days for detoxification, assessment or treatment planning (s 8A).
Current sections
Direct links to the current provisions in Drug Court Act 1998.
This Act commences on a day or days to be appointed by proclamation.
3
Objects
3 Objects
3 Objects
(1) The objects of this Act are—
(a) to reduce the drug dependency of eligible persons and eligible convicted offenders, and
(b) to promote the re-integration of such drug dependent persons into the community, and
(c) to reduce the need for such drug dependent persons to resort to criminal activity to support their drug dependencies.
(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.
(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.
(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.
s 3: Am 2002 No 93, Sch 1 [1] [2]; 2004 No 42, Sch 1 [1]–[3].
compulsory drug treatment order means an order made under section 18C.
court includes a Judge of the Local Court.
Drug Court mean the Drug Court of New South Wales constituted by this Act.
drug offender means a person who has been dealt with under section 7A or 7B.
eligible convicted offender is defined in section 5A.
eligible person is defined in section 5.
exercise a function includes perform a duty.
function includes a power, authority or duty.
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.
Judge means a person appointed to be a Drug Court Judge, as referred to in section 20 (1).
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.
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).
referring court means the court by which a person has been referred to the Drug Court under section 6 or 7.
registrar means the registrar of the Drug Court.
Senior Judge means the person appointed to be the Senior Judge of the Drug Court, as referred to in section 21 (1).
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.
(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.
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].
5
Definition of “eligible person”
5 Definition of “eligible person”
5 Definition of “eligible person”
(1) A person is an eligible person if—
(a) the person is charged with an offence, other than an offence referred to in subsection (2), and
(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
(c) the person has pleaded guilty to, or indicated that he or she intends to plead guilty to, the offence, and
(d) the person appears to be dependent on the use of prohibited drugs (within the meaning of the Drug Misuse and Trafficking Act 1985) or other drugs prescribed by the regulations, and
(e) the person satisfies such other criteria as are prescribed by the regulations.
(2) A person is not an eligible person if the person is charged with—
(b) an offence involving violent conduct or sexual assault, or
(c) any other offence of a kind prescribed by the regulations.
s 5: Am 1999 No 47, Sch 1 [1]; 1999 No 94, Sch 4.18 [1]; 2001 No 121, Sch 2.87 [3].
5A
Definition of “eligible convicted offender”
5A Definition of “eligible convicted offender”
5A Definition of “eligible convicted offender”
(1) A person is an eligible convicted offender if—
(a) the person is convicted of an offence, other than an offence referred to in subsection (2), and
(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—
(i) the unexpired non-parole period of the sentence was a period of at least 18 months, and
(ii) the unexpired total sentence was a period of not more than 6 years, and
(c) (Repealed)
(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) or other drugs prescribed by the regulations, and
(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
(f) the person satisfies such other criteria as are prescribed by the regulations.
(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).
(2) A person is not an eligible convicted offender if—
(a) the offence for which the person has been convicted involved the use of a firearm, or
(b) the person has been convicted at any time of any of the following—
(i) murder, attempted murder or manslaughter,
(ii) sexual assault of an adult or child or a sexual offence involving a child,
(iii) any offence involving the violent use of a firearm,
(iv) an offence under section 23 (2), 24 (2), 25 (2), 26, 27 or 28 of the Drug Misuse and Trafficking Act 1985 involving a commercial quantity or large commercial quantity of a prohibited plant or prohibited drug within the meaning of that Act,
(v) any offence prescribed by the regulations for the purposes of this section.
(3) A person is not an eligible convicted offender if, in the opinion of the Drug Court—
(a) the person suffers from a mental condition, illness or disorder that—
(i) is serious, or
(ii) leads to the person being violent, and
(b) the mental condition, illness or disorder could prevent or restrict the person’s active participation in a drug treatment program.
s 5A: Ins 2004 No 42, Sch 1 [5]. Am 2006 No 56, Sch 2 [1]–[4]; 2014 No 45, Sch 1 [1]–[4].
Part 2
Drug Court programs
Part 2 Drug Court programs
Part 2 Drug Court programs
Division 1
Acceptance into program
Division 1 Acceptance into program
Division 1 Acceptance into program
pt 2, div 1, hdg: Am 2003 No 27, Sch 9 [2]. Subst 2006 No 107, Sch 1.14 [7].
pt 2, div 1: Subst 2006 No 107, Sch 1.14 [7].
6
Courts may refer persons to Drug Court during proceedings for offence
6 Courts may refer persons to Drug Court during proceedings for offence
6 Courts may refer persons to Drug Court during proceedings for offence
(1) This section applies to such courts and proceedings as are prescribed by the regulations.
(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—
(a) to ascertain whether the person appears to be an eligible person, and
(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
(c) if so, to refer the person to the Drug Court to be dealt with for the offence.
(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—
(a) in the case of a Judge of the Local Court conducting committal proceedings under the Criminal Procedure Act 1986, before the judge has committed the person for trial or sentence in relation to that offence, and
(b) in any other case, before the person is sentenced or re-sentenced for the offence.
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].
7
Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond
7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond
7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond
(1) This section applies—
(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
(b) in relation to any other person—to such courts and proceedings as are prescribed by the regulations.
(2) It is the duty of a court before whom an offender appears under section 98 of the Crimes (Sentencing Procedure) Act 1999 (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)—
(a) to ascertain whether the person appears to be an eligible person, and
(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
(c) if so, to refer the person to the Drug Court to be dealt with for the alleged failure.
(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.
(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.
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].
7A
Persons accepted into program in relation to offence
7A Persons accepted into program in relation to offence
7A Persons accepted into program in relation to offence
(1) This section applies to a person who has been referred to the Drug Court under section 6.
(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—
(a) that the person is an eligible person,
(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,
(c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act,
(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,
(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,
(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,
(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.
(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.
(5) On or within 14 days after sentencing the person, the Drug Court—
(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
(b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s suspension order).
(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.
(7) The kinds of conditions that the Drug Court may impose on the person under this section are as follows—
(a) conditions relating to conduct and good behaviour,
(b) conditions relating to attendance for counselling or other treatment,
(c) conditions relating to the supervision of the person for the duration of a program under this Act,
(d) conditions relating to drug testing that the person must undergo,
(e) conditions relating to residence, association with other persons or attendance at specified locations,
(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,
(g) conditions relating to conferring rewards of the kind referred to in section 16 (1),
(h) conditions relating to the imposition of sanctions of the kind referred to in section 16 (2),
(i) any other kinds of conditions that may be prescribed by the regulations,
(j) such other conditions as the Drug Court considers appropriate in the circumstances.
(8) A person who is convicted and sentenced by the Drug Court under this section may, at the same time or any later time—
(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
(ii) section 108C of that Act on the revocation of a conditional release order, or
(iii) section 98 or 99 of the Crimes (Sentencing Procedure) Act 1999 (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
(c) be dealt with under both paragraphs (a) and (b).
(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).
(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.
(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.
(12) For the purposes of subsection (2) (g)—
(a) the consent of children below a prescribed age, and
(b) the consent of persons suffering a prescribed disability,
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.
(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.
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].
7B
Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond
7B Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond
7B Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond
(1) This section applies to a person—
(a) who has been referred to the Drug Court under section 7, or
(b) who has been called on by the Drug Court to appear before it under—
(ii) section 108C of that Act in relation to a conditional release order, or
(iii) section 98 of the Crimes (Sentencing Procedure) Act 1999 (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),
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.
(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—
(a) that the person is an eligible person,
(b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the order or bond,
(c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act,
(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,
(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,
(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,
(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.
(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.
(b) section 108D of that Act do not apply to a conditional release order that is revoked under that subsection, and
(c) section 99 of the Crimes (Sentencing Procedure) Act 1999 (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.
(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 was entered into under that Act is taken to be the sentence imposed under subsection (3) in relation to the bond.
(7) On or within 14 days after sentencing the person, the Drug Court—
(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
(b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s suspension order).
(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.
(9) The kinds of conditions that the Drug Court may impose on the person under this section are as follows—
(a) conditions relating to conduct and good behaviour,
(b) conditions relating to attendance for counselling or other treatment,
(c) conditions relating to the supervision of the person for the duration of a program under this Act,
(d) conditions relating to drug testing that the person must undergo,
(e) conditions relating to residence, association with other persons or attendance at specified locations,
(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,
(g) conditions relating to conferring rewards of the kind referred to in section 16 (1),
(h) conditions relating to the imposition of sanctions of the kind referred to in section 16 (2),
(i) any other kinds of conditions that may be prescribed by the regulations,
(j) such other conditions as the Drug Court considers appropriate in the circumstances.
(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.
(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.
(12) For the purposes of subsection (2) (g)—
(a) the consent of children below a prescribed age, and
(b) the consent of persons suffering a prescribed disability,
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.
(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.
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].
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
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
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
(1) This section applies to a person—
(a) who has been referred to the Drug Court under section 7, or
(b) who has been called on by the Drug Court to appear before it under—
(ii) section 108C of that Act in relation to a conditional release order, or
(iii) section 98 of the Crimes (Sentencing Procedure) Act 1999 (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),
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.
(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—
(a) that the person is an eligible person,
(b) that the person admits to having failed, and has in fact failed, to comply with the conditions of the bond,
(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,
(d) that the person consents to being dealt with under this section,
(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.
(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.
(b) section 108D of that Act do not apply to a conditional release order that is revoked under that subsection, and
(c) section 99 of the Crimes (Sentencing Procedure) Act 1999 (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.
(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 was entered into under that Act is taken to be the sentence imposed under subsection (3) in relation to the bond.
(7) On or within 14 days after sentencing the person, the Drug Court—
(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
(b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s suspension order).
(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.
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].
7D
Persons not accepted into program in relation to offence
7D Persons not accepted into program in relation to offence
7D Persons not accepted into program in relation to offence
(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.
(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—
(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,
(b) that the person consents to being dealt with under this section.
(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.
(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.
(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—
(a) for the offences for which the person was referred by that court, and
(b) for such of the other offences as are within the criminal jurisdiction of that court.
(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).
(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—
(a) the person had not been referred to the Drug Court, and
(b) the proceedings had merely been adjourned to the time and place specified in the order.
(8) A person who is convicted and sentenced by the Drug Court under this section may, at the same time or any later time—
(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
(ii) section 108C of that Act on the revocation of a conditional release order, or
(iii) section 98 or 99 of the Crimes (Sentencing Procedure) Act 1999 (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
(c) be dealt with under both paragraphs (a) and (b).
(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.
s 7D: Ins 2006 No 107, Sch 1.14 [7]. Am 2017 No 53, Sch 4.17 [11].
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
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
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
(1) This section applies to a person—
(a) who has been referred to the Drug Court under section 7, or
(b) who has been called on by the Drug Court to appear before it under the relevant provisions referred to in subsection (3),
but whom the Drug Court has not dealt with under section 7B or 7C.
(2) The Drug Court is to deal with a person to whom this section applies in accordance with those relevant provisions.
(3) For the purposes of this section, the relevant provisions are—
(b) section 108C of that Act in relation to a conditional release order, or
(c) section 98 of the Crimes (Sentencing Procedure) Act 1999 (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).
s 7E: Ins 2006 No 107, Sch 1.14 [7]. Subst 2017 No 53, Sch 4.17 [12].
8
8
8 (Repealed)
Division 1A
Division 1A
Division 1A
8AA–8AD (Repealed)
pt 2, div 1A: Ins 2003 No 27, Sch 9 [8]. Rep 2006 No 107, Sch 1.14 [7].
s 8AA: Ins 2003 No 27, Sch 9 [8]. Rep 2006 No 107, Sch 1.14 [7].
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].
s 8AC: Ins 2003 No 27, Sch 9 [8]. Rep 2006 No 107, Sch 1.14 [7].
s 8AD: Ins 2003 No 27, Sch 9 [8]. Rep 2006 No 107, Sch 1.14 [7].
Division 2
Administration of program
Division 2 Administration of program
Division 2 Administration of program
8A
Statutory conditions of program
8A Statutory conditions of program
8A Statutory conditions of program
(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—
(a) detoxification of the drug offender, or
(b) assessment of the drug offender’s participation in the program, or
(c) the development of a suitable treatment plan.
(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.
(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.
(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).
s 8A: Ins 1999 No 47, Sch 1 [12]. Am 2002 No 93, Sch 1 [6] [7].
9
Variation of conditions of program
9 Variation of conditions of program
9 Variation of conditions of program
(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.
(2) No appeal lies against any decision by the Drug Court to vary a drug offender’s program under this section.
10
Proceedings for non-compliance with program
10 Proceedings for non-compliance with program
10 Proceedings for non-compliance with program
(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—
(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
(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.
(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).
(3) No appeal lies in relation to any action taken or decision made by the Drug Court under this section.
s 10: Am 2002 No 93, Sch 1 [8].
11
Termination of program
11 Termination of program
11 Termination of program
(1) The Drug Court may terminate a drug offender’s program—
(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
(b) if the drug offender requests the Drug Court to terminate the program, or
(c) if the Drug Court decides to terminate the program as referred to in section 10 (1) (b).
(2) No appeal lies against the Drug Court’s termination of a drug offender’s program.
s 11: Am 2002 No 93, Sch 1 [9].
12
Imposition of final sentence
12 Imposition of final sentence
12 Imposition of final sentence
(1) On terminating a drug offender’s program, the Drug Court must reconsider the drug offender’s initial sentence.
(2) In reconsidering a drug offender’s initial sentence, the Drug Court must take into consideration—
(a) the nature of the drug offender’s participation in his or her program, and
(b) any sanctions that have been imposed on the drug offender during the program, and
(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—
(i) under the sentence, or
(ii) under the condition of the program arising under section 8A.
(3) After considering a drug offender’s initial sentence, the Drug Court is to determine the drug offender’s final sentence—
(a) by making an order setting aside the initial sentence and taking such action under Part 2 of the Crimes (Sentencing Procedure) Act 1999 as it could have taken for the offence to which the initial sentence related, or
(b) by making an order confirming the initial sentence.
(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.
s 12: Am 1999 No 47, Sch 1 [13]; 1999 No 94, Sch 4.18 [2] [3]; 2017 No 53, Sch 4.17 [13].
12A
Special jurisdiction—traffic matters
12A Special jurisdiction—traffic matters
12A Special jurisdiction—traffic matters
(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 in relation to any licence disqualifications to which the drug offender is then subject.
(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.
Note.
Section 221B of the Road Transport Act 2013 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.
(3) Division 3A of Part 7.4 of Chapter 7 of the Road Transport Act 2013 applies to the Drug Court as if a reference to the Local Court included a reference to the Drug Court.
(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.
s 12A: Ins 2018 No 87, Sch 1.17 [1].
13
Revocation of suspension order
13 Revocation of suspension order
13 Revocation of suspension order
On sentencing a drug offender under section 12, the Drug Court is to revoke the drug offender’s suspension order.
Division 3
Miscellaneous
Division 3 Miscellaneous
Division 3 Miscellaneous
14
Arrest warrants
14 Arrest warrants
14 Arrest warrants
(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.
(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.
(3) The Bail Act 2013 does not apply to a drug offender who is arrested on the authority of a warrant under this section.
(4) The Drug Court’s functions under this section may be exercised by the registrar.
s 14: Am 1999 No 47, Sch 1 [14]; 2014 No 5, Sch 2.16 [1].
14A
Warrants of committal
14A Warrants of committal
14A Warrants of committal
(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.
(2) A warrant under this section—
(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
(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.
(3) The Drug Court’s functions under this section may be exercised by the registrar.
s 14A: Ins 1999 No 47, Sch 1 [15].
15
Sentences imposed by Drug Court
15 Sentences imposed by Drug Court
15 Sentences imposed by Drug Court
(1) The sentences that may be imposed by the Drug Court under this Part are as follows—
(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), any penalty that could have been imposed by the District Court had the offence been dealt with on indictment by the District Court,
(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), any penalty that could have been imposed by the Local Court had the offence been dealt with summarily by the Local Court.
(2) Except for the purposes of the Criminal Appeal Act 1912, 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.
(3) The provisions of section 58 of the Crimes (Sentencing Procedure) Act 1999 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.
(4) The provisions of Division 3 (Taking further offences into account) of Part 3 of the Crimes (Sentencing Procedure) Act 1999 apply in relation to a relevant conviction of a person for an offence as if—
(a) the person had been charged, but not convicted, of the offence, and
(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—
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.
16
Conditions of program
16 Conditions of program
16 Conditions of program
(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—
(a) conferral of specified privileges,
(b) an appropriate change in the frequency of counselling or other treatment,
(c) a decrease in the degree of supervision to which the drug offender is subject,
(d) a decrease in the frequency with which the drug offender must undergo testing for drugs,
(e) a decrease in the amount of any monetary penalty payable to the Drug Court, as referred to in subsection (2) (e),
(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.
(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—
(a) withdrawal of privileges conferred on the person, as referred to in subsection (1) (a),
(b) an appropriate change in the frequency of counselling or other treatment,
(c) an increase in the degree of supervision to which the drug offender is subject,
(d) an increase in the frequency with which the drug offender must undergo testing for drugs,
(e) a requirement that the drug offender pay a monetary penalty to the Drug Court,
(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,
(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.
(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.
(4) This section does not limit the conditions that may form part of a program apart from this section.
17
Immunity from prosecution for certain offences
17 Immunity from prosecution for certain offences
17 Immunity from prosecution for certain offences
A person is not liable to prosecution for any offence comprising the unlawful possession or use of drugs—
(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
(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
(c) as a result of any admission made in connection with the Drug Court’s supervision of his or her program,
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.
s 17: Am 2003 No 27, Sch 9 [9]; 2006 No 107, Sch 1.14 [8].
18
Application of criminal procedure legislation
18 Application of criminal procedure legislation
18 Application of criminal procedure legislation
(1) The provisions of Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 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.
(2) The provisions of Chapter 5 of the Criminal Procedure Act 1986 are subject to such modifications (if any) as are prescribed by the regulations under this Act.
s 18: Subst 1999 No 94, Sch 4.18 [5]. Am 2001 No 121, Sch 2.87 [6].
Part 2A
Compulsory drug treatment detention
Part 2A Compulsory drug treatment detention
Part 2A Compulsory drug treatment detention
pt 2A: Ins 2004 No 42, Sch 1 [6].
18A
Definitions
18A Definitions
18A Definitions
In this Part—
assessment report means a report prepared under Division 3.
multi-disciplinary team means a team comprised of—
(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
(c) a person appointed by the Chief Executive Officer, Justice Health, and
(d) such other persons as are prescribed by the regulations.
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 as a consequence of the making of the order.
s 18A: Ins 2004 No 42, Sch 1 [6]. Am 2004 No 91, Sch 2.19; 2018 No 87, Sch 1.17 [2] [3].
18B
Courts to refer eligible convicted offenders to Drug Court
18B Courts to refer eligible convicted offenders to Drug Court
18B Courts to refer eligible convicted offenders to Drug Court
(1) This section applies to such courts as are prescribed by the regulations.
(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)—
(a) to ascertain whether there are grounds on which the Drug Court might find the person to be an eligible convicted offender, and
(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.
(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.
(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.
(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.
(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.
(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.
(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).
s 18B: Ins 2004 No 42, Sch 1 [6]. Am 2005 No 103, Sch 3 [1] [2].
18BA
State Parole Authority to refer certain offenders whose parole is revoked to Drug Court
18BA State Parole Authority to refer certain offenders whose parole is revoked to Drug Court
18BA State Parole Authority to refer certain offenders whose parole is revoked to Drug Court
(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.
(2) It is the duty of the State Parole Authority in respect of a relevant person—
(a) to ascertain whether there are grounds on which the Drug Court might find the person to be an eligible convicted offender, and
(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.
(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.
(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.
(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.
s 18BA: Ins 2014 No 45, Sch 1 [5].
18C
Compulsory drug treatment detention
18C Compulsory drug treatment detention
18C Compulsory drug treatment detention
(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.
(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.
(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.
s 18C: Ins 2004 No 42, Sch 1 [6]. Am 2014 No 45, Sch 1 [6].
18D
Restriction on power of Drug Court to make compulsory drug treatment orders
18D Restriction on power of Drug Court to make compulsory drug treatment orders
18D Restriction on power of Drug Court to make compulsory drug treatment orders
(1) The Drug Court must not make a compulsory drug treatment order with respect to an offender’s sentence of imprisonment unless—
(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
(b) the Drug Court is satisfied—
(i) that the offender is of or above the age of 18 years, and
(ii) that the offender is an eligible convicted offender, and
(iii) that the offender is a suitable person to serve the sentence by way of compulsory drug treatment detention, and
(iv) that it is appropriate in all of the circumstances that the sentence be served by way of compulsory drug treatment detention, and
(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
(vi) that the offender’s participation in the program will not damage the program or any other person’s participation in it.
(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—
(b) notify the State Parole Authority of the decision to decline to make the order and the circumstances in which it was made.
(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.
(4) No appeal lies against the Drug Court’s decision to make or not to make a compulsory drug treatment order.
s 18D: Ins 2004 No 42, Sch 1 [6]. Am 2004 No 94, Sch 2.3; 2017 No 57, Sch 3.3 [2].
18E
Assessment of eligibility and suitability by the multi-disciplinary team
18E Assessment of eligibility and suitability by the multi-disciplinary team
18E Assessment of eligibility and suitability by the multi-disciplinary team
(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).
(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—
(a) the offender’s level of motivation and attitude to the compulsory drug treatment program,
(c1) the offender’s history of committing offences involving weapons or violence,
(c2) the offender’s history of committing offences related to the offender’s long-term drug dependency and associated lifestyle,
(d) any other matter prescribed by the regulations.
(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.
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].
18F
Concurrent and consecutive sentences
18F Concurrent and consecutive sentences
18F Concurrent and consecutive sentences
(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).
(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).
(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).
s 18F: Ins 2004 No 42, Sch 1 [6].
Division 4
Miscellaneous
Division 4 Miscellaneous
Division 4 Miscellaneous
pt 2A, div 4: Ins 2004 No 42, Sch 1 [6].
18G
Effect of compulsory drug treatment order
18G Effect of compulsory drug treatment order
18G Effect of compulsory drug treatment order
A compulsory drug treatment order has the effect of—
(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, and
s 18G: Ins 2004 No 42, Sch 1 [6]. Am 2014 No 45, Sch 1 [9]; 2017 No 57, Sch 3.3 [2].
18H
Explanation of compulsory drug treatment order to offender
18H Explanation of compulsory drug treatment order to offender
18H Explanation of compulsory drug treatment order to offender
(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)—
(a) the offender’s obligations under the compulsory drug treatment order, and
(b) the consequences that may follow if the offender fails to comply with those obligations.
(2) A compulsory drug treatment order is not invalidated by a failure to comply with this section.
ss 18H–18J: Ins 2004 No 42, Sch 1 [6].
18I
Preparation and service of written notice of compulsory drug treatment order
18I Preparation and service of written notice of compulsory drug treatment order
18I Preparation and service of written notice of compulsory drug treatment order
(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.
(2) A compulsory drug treatment order is not invalidated by a failure to comply with this section.
ss 18H–18J: Ins 2004 No 42, Sch 1 [6].
18J
Warrant of commitment
18J Warrant of commitment
18J Warrant of commitment
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.
ss 18H–18J: Ins 2004 No 42, Sch 1 [6].
Part 3
The Drug Court
Part 3 The Drug Court
Part 3 The Drug Court
19
Constitution of Drug Court
19 Constitution of Drug Court
19 Constitution of Drug Court
There is constituted by this Act a court of record to be known as the Drug Court of New South Wales.
20
Judges
20 Judges
20 Judges
(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.
(2) A person ceases to be a Drug Court Judge on ceasing to be a Judge of a New South Wales court.
(3) In this section—
Judge includes an acting Judge.
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) to the Supreme Court or District Court.
s 20: Subst 2008 No 107, Sch 9.
21
Senior Judge
21 Senior Judge
21 Senior Judge
(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.
(2) Subject to subsection (3), the Senior Judge holds office as Senior Judge while he or she holds office as Judge.
(3) With the approval of the Governor, the Senior Judge may resign office as Senior Judge without resigning office as Judge.
22
Acting Senior Judge
22 Acting Senior Judge
22 Acting Senior Judge
(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.
(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.
(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.
s 22: Am 2015 No 2, Sch 3.3.
23
Single Judge to constitute Drug Court
23 Single Judge to constitute Drug Court
23 Single Judge to constitute Drug Court
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.
24
Jurisdiction of Drug Court
24 Jurisdiction of Drug Court
24 Jurisdiction of Drug Court
(1) The Drug Court has the following jurisdiction—
(a) the criminal jurisdiction of the District Court,
(b) the criminal jurisdiction of the Local Court,
(c) such other jurisdiction as is vested in the Drug Court by this or any other Act.
(2) For the purpose of enabling it to exercise its jurisdiction, the Drug Court has the following functions—
(a) all of the functions of the District Court that are exercisable in relation to its criminal jurisdiction,
(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 or by the Local Court under the Bail Act 2013,
(c) such other functions as are conferred or imposed on it by or under this or any other Act.
(a) the Drug Court is a court of like jurisdiction in relation to the District Court, and
(b) the Drug Court is a court of superior jurisdiction in relation to the Local Court.
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].
25
Sittings
25 Sittings
25 Sittings
(1) The Drug Court is to sit at such places and times as the Senior Judge may direct.
(2) Two or more sittings of the Drug Court may be held at the same time.
26
Court proceedings
26 Court proceedings
26 Court proceedings
(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, 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.
(2) Proceedings before the Drug Court are to be conducted—
(a) in accordance with the directions of the Judge presiding in the proceedings, and
(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 and any regulations made under those Acts and the proper consideration of the matters before the Court permit.
(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.
(4) The Drug Court may adjourn its proceedings from time to time.
s 26: Am 2004 No 42, Sch 1 [7] [8]; 2007 No 94, Sch 2.
27
Rules of court
27 Rules of court
27 Rules of court
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—
(a) any matter for or with respect to which rules may be made under the District Court Act 1973 in relation to the criminal jurisdiction of the District Court, and
(b) any matter for or with respect to which rules may be made under the Criminal Procedure Act 1986 in relation to the criminal jurisdiction of the Local Court, and
(c) any matter for or with respect to which a power to make rules is conferred by this Act.
s 27: Am 2001 No 121, Sch 2.87 [8]; 2007 No 94, Sch 2; 2018 No 87, Sch 1.17 [4].
28
Court officers
28 Court officers
28 Court officers
(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.
(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.
29
Court business
29 Court business
29 Court business
(1) The Senior Judge is responsible for the administration of the business of the Drug Court.
(2) The registrar may exercise—
(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
(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
(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.
s 29: Am 2007 No 94, Schs 1.34, 2; 2014 No 45, Sch 1 [10].
30
Delegation
30 Delegation
30 Delegation
(1) The Senior Judge may delegate to a Judge any of the Senior Judge’s functions, other than this power of delegation.
(2) The registrar may delegate to any other officer of the Court any of the registrar’s functions, other than this power of delegation.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
31
Provision of information to Drug Court
31 Provision of information to Drug Court
31 Provision of information to Drug Court
(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.
(2) It is the duty of a person to whom this section applies—
(a) to promptly notify the registrar of any failure by a drug offender to comply with the drug offender’s program, and
(b) to promptly comply with the requirements of the regulations with respect to the giving of information to the registrar.
(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—
(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,
(b) no liability for defamation is incurred because of the provision of the information,
(c) the provision of the information does not constitute a ground for civil proceedings for malicious prosecution or for conspiracy,
(d) the information is not admissible in evidence in any proceedings before a court, tribunal or committee,
(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.
(4) The provisions of subsection (3) (d) and (e) do not apply to or in respect of the provision of protected information—
(a) in proceedings before the Drug Court or any court hearing or determining an appeal from a decision of the Drug Court, or
(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.
(5) A drug offender is taken to have authorised the communication of protected information—
(a) from any person to whom this section applies to the registrar, and
(b) from the registrar to any person to whom this section applies, and
(c) from any member of staff of the Drug Court to any other member of staff of the Drug Court.
(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.
s 31: Am 2002 No 93, Sch 1 [11].
32
Regulations
32 Regulations
32 Regulations
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—
(a) the forms to be used for the purposes of this Act, and
(b) the fees to be charged under this Act, and
(c) the postponement, waiver or remittal of fees charged under this Act.
33
33
33 (Repealed)
34
Savings, transitional and other provisions
34 Savings, transitional and other provisions
34 Savings, transitional and other provisions
Schedule 2 has effect.
35
Review of Act
35 Review of Act
35 Review of Act
(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.
(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.
(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.
Schedule 1
Schedule 1
Schedule 1 (Repealed)
sch 1: Rep 2003 No 82, Sch 3.
Schedule 2
Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
(Section 34)
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.
Part 5
Provisions consequent on enactment of Crimes and Courts Legislation Amendment Act 2006
Part 5 Provisions consequent on enactment of Crimes and Courts Legislation Amendment Act 2006
This Act commences on a day or days to be appointed by proclamation.
3 Objects
3 Objects
3 Objects
(1) The objects of this Act are—
(a) to reduce the drug dependency of eligible persons and eligible convicted offenders, and
(b) to promote the re-integration of such drug dependent persons into the community, and
(c) to reduce the need for such drug dependent persons to resort to criminal activity to support their drug dependencies.
(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.
(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.
(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.
s 3: Am 2002 No 93, Sch 1 [1] [2]; 2004 No 42, Sch 1 [1]–[3].
4 Definitions
4 Definitions
4 Definitions
(1) In this Act—
Compulsory Drug Treatment Correctional Centre has the same meaning as in Part 4A of the Crimes (Administration of Sentences) Act 1999.
compulsory drug treatment detention means detention in accordance with Part 4A of the Crimes (Administration of Sentences) Act 1999.
compulsory drug treatment order means an order made under section 18C.
Progress is managed through a system of rewards (s 16(1)) and sanctions (s 16(2)), the latter including monetary penalties, increased supervision, and imprisonment for up to 14 days per breach. Non-compliance proceedings (s 10) are determined on the balance of probabilities. If the participant is unlikely to progress or poses an unacceptable re-offending risk, the program may be terminated (s 10(1)(b)). On termination the Court reconsiders the initial sentence, taking into account participation, sanctions imposed, and all custody time served (including under s 8A), then either confirms the original sentence or sets it aside and re-sentences under the Crimes (Sentencing Procedure) Act 1999; the final sentence cannot exceed the initial sentence (s 12).
Parallel provisions in ss 7B and 7C deal with persons referred for breach of community correction orders, conditional release orders or (pre-2018) good behaviour bonds. Section 7D governs those not accepted into a program; they are returned to the referring court. Section 17 grants use immunity for admissions made in seeking referral or during program supervision, provided they do not relate to excluded serious offences.
Part 2A, inserted in 2004, creates a post-sentence compulsory drug treatment regime. Courts must refer eligible convicted offenders (s 18B). Eligibility under s 5A is narrower: the offender must have been sentenced to full-time custody with an unexpired non-parole period of at least 18 months and total sentence not exceeding 6 years (subject to the parole-revocation exception in s 5A(1A)), must have long-term drug dependency linked to the offence and lifestyle, must not have convictions for murder, sexual offences, violent firearm offences, commercial/large commercial drug supply, or prescribed offences, and must not suffer a serious mental condition that would prevent participation. The State Parole Authority must also refer certain parolees whose orders have been revoked (s 18BA).
The Drug Court may make a compulsory drug treatment order only after obtaining a multi-disciplinary team assessment report (s 18D(1)(a)) and being satisfied of six cumulative criteria including suitability, availability of accommodation at the Compulsory Drug Treatment Correctional Centre within 14 days, and that participation will not damage the program (s 18D(1)(b)). The order cancels the warrant of commitment, revokes any statutory parole order, requires compliance with a personal plan under the Crimes (Administration of Sentences) Act 1999, and suspends ordinary parole consideration (s 18G). The offender must be given an oral explanation (s 18H) and written notice (s 18I); a warrant of committal to the Centre issues immediately (s 18J).
The Court also exercises special jurisdiction to remove driver licence disqualifications on program termination (s 12A) and enjoys procedural informality: it is not bound by the rules of evidence (s 26(3)), may sit at multiple places simultaneously (s 25(2)), and its decisions on program variation, sanctions, termination and order-making are generally non-appealable (ss 9(2), 10(3), 11(2), 18D(4)).
In short, the Act substitutes intensive, judicially supervised therapeutic intervention—backed by immediate sanctions and the ultimate threat of ordinary imprisonment—for conventional sentencing in carefully selected cases.
Who it affects
The Act directly affects three primary cohorts.
First, “eligible persons” (s 5) charged with offences in courts prescribed by regulation. These are typically adult defendants who have entered or indicated guilty pleas to indictable or summary offences where the facts, antecedents and other information indicate a high likelihood of full-time custody. They must be dependent on prohibited drugs (Drug Misuse and Trafficking Act 1985 s 3) or prescribed substances and must not face excluded charges: violent conduct, sexual assault, prescribed offences, or serious supply offences not suitable for summary disposal. Affected co-residents (s 7A(2)(g)) also have a gatekeeping role through their written consent.
Second, “eligible convicted offenders” (s 5A) already sentenced to full-time imprisonment. This cohort must satisfy a narrower temporal window (unexpired non-parole period ≥18 months, total unexpired sentence ≤6 years, subject to the parole-revocation gateway in s 5A(1A)), demonstrate long-term dependency causally linked to the offence and lifestyle, and be free of enumerated serious convictions (murder, sexual offences against adults or children, violent firearm offences, commercial drug supply, prescribed offences). They must not, in the Court’s opinion, suffer a serious mental condition that would prevent active participation (s 5A(3)). The multi-disciplinary team (s 18A) comprising the Director of the Compulsory Drug Treatment Correctional Centre, a community corrections officer, a Justice Health representative and any prescribed members conducts the suitability assessment.
Third, the Act affects the broader criminal justice system. Referring courts (Local Court, District Court, and prescribed courts) are under a statutory duty to identify and refer suitable candidates (ss 6, 7, 18B). The Commissioner of Corrective Services, Justice Health, and the State Parole Authority supply staff, facilities and reports. Co-residents, counsellors, testing laboratories and reintegration service providers become de-facto participants through the conditions imposed. Victims or affected persons are indirectly protected by the exclusion of violent and sexual offences and by the residence-consent requirement.
Participants who breach programs trigger police execution of arrest warrants (s 14) and may face revocation of suspension orders (s 13) or ordinary sentencing. Successful graduates may have their final sentence reduced or structured differently, affecting correctional classification and parole prospects.
Key duties and rights
Duties of participants
A drug offender’s core duty is to comply with the program conditions imposed under s 7A(5)(a) or s 7B(7)(a), which incorporate the statutory conditions in s 8A and any discretionary conditions listed in s 16. These include attendance at counselling, submission to drug testing, residence and association restrictions, and participation in reintegration activities. Under Part 2A a compulsory drug treatment order imports the obligations under s 106C of the Crimes (Administration of Sentences) Act 1999 and the personal plan prepared under s 106F of that Act. Participants must consent in writing to co-residence arrangements (ss 7A(2)(g), 7B(2)(g)) and, for short-term custodial detoxification, must give irrevocable consent for the specified period (s 8A(3)).
Duties of courts and officials
Referring courts owe a statutory duty to ascertain eligibility and willingness and to refer (ss 6(2), 18B(2)). The Drug Court must satisfy itself of every precondition in ss 7A(2), 7B(2), 18D(1) before accepting a person or making a compulsory order. It must explain the order in ordinary language (s 18H), issue written notice (s 18I) and a warrant of committal (s 18J). The registrar must receive and disseminate information (s 31) and may exercise certain functions (s 29(2)). The multi-disciplinary team must investigate and report on eligibility and suitability matters (s 18E).
Rights of participants
Participants have a right to be informed of the Court’s powers under Division 2 and the sentencing consequences of compliance or non-compliance (ss 7A(2)(f), 7B(2)(f)). They may apply for variation of program conditions (s 9) and for removal of licence disqualifications on termination (s 12A). Use immunity is conferred for admissions made in seeking referral or during supervision (s 17), subject to the serious-offence exclusion. On final sentencing the Court must take account of program participation, sanctions served and all custody time (s 12(2)), and the final sentence cannot exceed the initial sentence (s 12(4)). No appeal lies against most therapeutic decisions (non-acceptance, variation, sanctions, termination, order making), but ordinary appeal rights remain for the final sentence.
Affected co-residents hold a de-facto veto through the consent requirement, which can only be dispensed with for children or disabled persons in accordance with regulations (ss 7A(12), 7B(12)).
Penalties and enforcement
The Act does not create new criminal offences; enforcement occurs through the program’s internal sanctions and the ultimate power to revoke the suspension order and impose the original custodial sentence.
Sanctions available under s 16(2) include withdrawal of privileges, increased supervision or testing frequency, monetary penalties (recoverable as a debt by the registrar), short-term imprisonment up to 14 days per breach, and changes to vocational or residence requirements. Section 8A adds a further custodial power (up to 21 days) for detoxification or assessment, but only with consent and only where no other facilities are available.
Breach is established on the balance of probabilities (s 10(1)). A charge for an excluded offence under s 5(2) is taken to be a breach (s 10(2)). If the Court decides further participation is futile or poses an unacceptable risk, it may terminate the program (s 10(1)(b)). Termination triggers reconsideration of the initial sentence (s 12). The final sentence cannot exceed the initial one but may be structured differently (e.g., intensive correction order, home detention, or full-time custody). For compulsory orders, breach of the personal plan can lead to return to ordinary custody and potential revocation of the order.
Arrest warrants (s 14) authorise police to bring the offender before the Court; the Bail Act 2013 does not apply. Warrants of committal (ss 14A, 18J) authorise transport to and detention in the Compulsory Drug Treatment Correctional Centre or ordinary correctional centres. The registrar may exercise these warrant powers (ss 14(4), 14A(3)).
Monetary penalties are enforceable as civil debts (s 16(3)). Failure to comply with information-provision duties under s 31 can result in contempt or disciplinary sanctions against staff, though the Act itself contains no specific offence provision.
How it interacts with other laws
The Act is deliberately parasitic on several interlocking statutes.
The Crimes (Sentencing Procedure) Act 1999 supplies the sentencing framework. Sections 7A(3), 7B(3) and 18C require the Drug Court to convict and sentence in accordance with that Act, but ss 7A(4), 7B(5) and 18D(1) disapply ss 44–48 (standard non-parole periods and setting non-parole periods). Section 12(3) permits the Court on termination to take any action that could have been taken under Part 2 of the Sentencing Act. Division 3 of Part 3 (taking further offences into account) is modified so that excluded offences cannot be taken into account (s 18(1)) but other offences can be dealt with on the papers (s 15(4)).
The Crimes (Administration of Sentences) Act 1999 is central to the compulsory regime. Part 4A governs the Compulsory Drug Treatment Correctional Centre. Compulsory drug treatment detention and the personal plan are defined by reference to that Act (s 4(1), s 18A). A compulsory order cancels the warrant of commitment, revokes statutory parole, and suspends ordinary parole consideration (s 18G). Breaches of community correction orders or conditional release orders are dealt with under ss 107C–107D and 108C–108D, but those provisions are disapplied when the Drug Court itself revokes the order (ss 7B(4), 7C(4)).
The Drug Misuse and Trafficking Act 1985 supplies the definition of “prohibited drug” and supplies the list of excluded supply offences (ss 5(2)(a), 5A(2)(iv)). The Criminal Procedure Act 1986 governs committal proceedings, summary disposal elections, and modifications to Chapter 5 are permitted by regulation (s 18(2)). The Road Transport Act 2013 interacts via s 12A, which confers on the Drug Court the Local Court’s power under Division 3A of Part 7.4 to remove licence disqualifications.
The Bail Act 2013 is disapplied for persons arrested on Drug Court warrants (s 14(3)). The Constitution Act 1902 and the Supreme Court and District Court Acts determine who may be appointed a Drug Court Judge (s 20). Evidence rules are abrogated in therapeutic proceedings (s 26(3)), but ordinary evidentiary rules apply when the Court sits in its full criminal jurisdiction.
Recent changes and why
The most significant structural change occurred in 2004 with the insertion of Part 2A by the Compulsory Drug Treatment Correctional Centre Act 2004. This responded to evaluations showing that voluntary diversion alone was insufficient for entrenched offenders serving custodial sentences. The compulsory regime was designed to provide a structured, phased pathway (custody, semi-custody, community) backed by a multi-disciplinary team.
The Crimes and Courts Legislation Amendment Act 2006 substituted new ss 6–7E, repealed spent provisions, and aligned the Act with the new sentencing and corrections terminology. It also expanded the definition section and clarified interaction with community-based orders.
The Drug Court Legislation Amendment Act 2014 refined the eligible convicted offender test (s 5A), added the parole-revocation referral mechanism (s 18BA), adjusted the multi-disciplinary team assessment criteria to include domestic violence risk and weapon history (s 18E(2)(c)–(c2)), and updated the effect of a compulsory order (s 18G).
The Statute Law (Miscellaneous Provisions) Act 2017 and subsequent statutes updated cross-references to community correction orders and conditional release orders following the 2017 sentencing reforms. Section 12A was inserted in 2018 to give the Court traffic-licence jurisdiction, responding to the practical problem that many participants faced permanent or long-term licence disqualification that hindered reintegration.
The 2025 amendments (noted in the definition section) updated references to the Criminal Procedure Act and Local Court. These changes have consistently been driven by evaluation evidence, the need to close gaps for parole revocations, and alignment with broader corrective services reforms.
Court challenges and controversies
Because most therapeutic decisions are expressly non-appealable (ss 9(2), 10(3), 11(2), 18D(4)), litigation has clustered around jurisdictional boundaries, procedural fairness, and the final sentencing hearing.
In several unreported matters the Court of Criminal Appeal has confirmed that the final sentence imposed under s 12 remains appealable in the ordinary way, but the antecedent decisions on program acceptance, sanctions and termination are not. Challenges have arisen where a participant argues that the Court failed to take mandatory considerations into account under s 12(2) (nature of participation, sanctions served, custody time). The Court has emphasised that the weighting of those factors is quintessentially a matter for the Drug Court Judge.
Controversy has surrounded the mental-health exclusion in s 5A(3). Defence practitioners have argued that the test is too blunt and that dual-diagnosis offenders are being excluded from a program that could address both addiction and mental illness. Conversely, Corrective Services has expressed concern that admitting persons with borderline personality disorders or serious mood disorders risks destabilising the therapeutic community.
The use-immunity provision (s 17) has been tested where admissions made during program supervision later surface in unrelated proceedings. Courts have upheld the immunity’s breadth but noted its strict limit to possession and use offences, not supply or trafficking.
Procedural fairness arguments have succeeded where the Court has relied on undisclosed adverse material from the multi-disciplinary team without giving the offender an opportunity to respond. Because s 26(3) frees the Court from the rules of evidence in therapeutic mode, the boundary between admissible and inadmissible material remains contentious.
Public controversy has centred on recidivism statistics and the perceived leniency of “soft” therapeutic sentencing. Media coverage of high-profile participants who re-offend while on program has led to calls for tighter eligibility and more transparent reporting. Conversely, health and criminology researchers have criticised the compulsory regime as quasi-coercive and have questioned whether long-term outcomes justify the intensive resources required.
Gotchas
Most practitioners miss that the final sentence under s 12 cannot exceed the initial sentence but can be structured more onerously (e.g., a longer non-parole period or conversion to full-time custody after a successful program). The s 12(2) mandatory considerations are not a discount checklist; the Court may conclude that poor engagement despite technical compliance justifies no reduction.
The 14-day window for making the program order and suspension order (ss 7A(5), 7B(7)) is strict; failure to comply can invalidate the suspension, exposing the offender to immediate custody. Many forget that a suspension order does not suspend licence disqualifications (ss 7A(11), 7B(11)), which is why s 12A jurisdiction is so valuable on termination.
For compulsory orders, the multi-disciplinary team’s assessment is not binding (s 18D(3)), yet in practice a negative report is almost fatal. The “unacceptable risk to the community” test in s 10(1)(b) is deliberately vague and has been used to terminate participants whose breaches are minor but whose attitude is deemed poor.
Section 17 immunity does not protect against derivative-use evidence; if police independently investigate after an admission, the immunity may not shield the participant. The residence-consent requirement has operated as an absolute bar in cases where a domestic partner refuses consent for reasons unrelated to risk.
Finally, the non-appealability clauses mean that once the Court decides not to accept a person under s 7A or declines a compulsory order under s 18D, the only recourse is judicial review on jurisdictional error grounds—an expensive and uncertain path.
How to comply
For defence practitioners
At first appearance, obtain instructions on drug history, plead guilty early, and prepare a detailed affidavit addressing each s 5 or s 5A criterion. Commission a private drug-dependence report and, for convicted offenders, a detailed causation report linking the offence to long-term dependency. Identify potential co-residents and secure their written consent before the s 7A hearing. Advise clients that the program is intensive (frequent testing, curfews, possible short custodial stays) and that termination usually means full-time custody.
For prosecutors
Scrutinise the offence against the s 5(2) and s 5A(2) exclusions. Provide the referring court with a clear summary of facts and antecedents so the “highly likely to receive full-time imprisonment” test can be applied accurately. In s 12 hearings, tender detailed progress reports, sanction histories and urinalysis results to assist the Court’s mandatory consideration under s 12(2).
For the Court and multi-disciplinary team
Maintain meticulous records of every precondition satisfied under ss 7A(2) or 18D(1). For compulsory orders, ensure the assessment report expressly addresses each matter in s 18E(2). When imposing conditions, avoid vague wording; each condition should be measurable and linked to one of the paragraphs in s 16. On termination, deliver a transparent ex tempore judgment addressing each s 12(2) factor so any subsequent appeal court can see the reasoning.
For participants
Treat every urine test and counselling appointment as mandatory. Document all reintegration efforts (employment, training, stable housing). If a breach is alleged, appear promptly and provide any exculpatory material before the balance-of-probabilities hearing. Understand that consent to short-term custody under s 8A is irrevocable for the stated period.
Institutional compliance
Agencies supplying staff to the multi-disciplinary team or providing treatment must comply with the information-flow obligations in s 31; protected information cannot be used in ordinary disciplinary or civil proceedings. Corrective Services must ensure accommodation is available within 14 days before a compulsory order is made.
Regular liaison between the Drug Court registry, Legal Aid, the Director of Public Prosecutions and Corrective Services is essential to keep the pipeline of suitable candidates flowing while protecting the integrity of the therapeutic community.
Drug Court mean the Drug Court of New South Wales constituted by this Act.
drug offender means a person who has been dealt with under section 7A or 7B.
eligible convicted offender is defined in section 5A.
eligible person is defined in section 5.
exercise a function includes perform a duty.
function includes a power, authority or duty.
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.
Judge means a person appointed to be a Drug Court Judge, as referred to in section 20 (1).
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.
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).
referring court means the court by which a person has been referred to the Drug Court under section 6 or 7.
registrar means the registrar of the Drug Court.
Senior Judge means the person appointed to be the Senior Judge of the Drug Court, as referred to in section 21 (1).
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.
(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.
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].
5 Definition of “eligible person”
5 Definition of “eligible person”
5 Definition of “eligible person”
(1) A person is an eligible person if—
(a) the person is charged with an offence, other than an offence referred to in subsection (2), and
(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
(c) the person has pleaded guilty to, or indicated that he or she intends to plead guilty to, the offence, and
(d) the person appears to be dependent on the use of prohibited drugs (within the meaning of the Drug Misuse and Trafficking Act 1985) or other drugs prescribed by the regulations, and
(e) the person satisfies such other criteria as are prescribed by the regulations.
(2) A person is not an eligible person if the person is charged with—
(a) an offence punishable under Division 2 of Part 2 of the Drug Misuse and Trafficking Act 1985, not being an offence that (under Chapter 5 of the Criminal Procedure Act 1986) is capable of being dealt with summarily, or
(b) an offence involving violent conduct or sexual assault, or
(c) any other offence of a kind prescribed by the regulations.
s 5: Am 1999 No 47, Sch 1 [1]; 1999 No 94, Sch 4.18 [1]; 2001 No 121, Sch 2.87 [3].
5A Definition of “eligible convicted offender”
5A Definition of “eligible convicted offender”
5A Definition of “eligible convicted offender”
(1) A person is an eligible convicted offender if—
(a) the person is convicted of an offence, other than an offence referred to in subsection (2), and
(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—
(i) the unexpired non-parole period of the sentence was a period of at least 18 months, and
(ii) the unexpired total sentence was a period of not more than 6 years, and
(c) (Repealed)
(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) or other drugs prescribed by the regulations, and
(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
(f) the person satisfies such other criteria as are prescribed by the regulations.
(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).
(2) A person is not an eligible convicted offender if—
(a) the offence for which the person has been convicted involved the use of a firearm, or
(b) the person has been convicted at any time of any of the following—
(i) murder, attempted murder or manslaughter,
(ii) sexual assault of an adult or child or a sexual offence involving a child,
(iii) any offence involving the violent use of a firearm,
(iv) an offence under section 23 (2), 24 (2), 25 (2), 26, 27 or 28 of the Drug Misuse and Trafficking Act 1985 involving a commercial quantity or large commercial quantity of a prohibited plant or prohibited drug within the meaning of that Act,
(v) any offence prescribed by the regulations for the purposes of this section.
(3) A person is not an eligible convicted offender if, in the opinion of the Drug Court—
(a) the person suffers from a mental condition, illness or disorder that—
(i) is serious, or
(ii) leads to the person being violent, and
(b) the mental condition, illness or disorder could prevent or restrict the person’s active participation in a drug treatment program.
s 5A: Ins 2004 No 42, Sch 1 [5]. Am 2006 No 56, Sch 2 [1]–[4]; 2014 No 45, Sch 1 [1]–[4].
Part 2 Drug Court programs
Part 2 Drug Court programs
Part 2 Drug Court programs
Division 1 Acceptance into program
Division 1 Acceptance into program
Division 1 Acceptance into program
pt 2, div 1, hdg: Am 2003 No 27, Sch 9 [2]. Subst 2006 No 107, Sch 1.14 [7].
pt 2, div 1: Subst 2006 No 107, Sch 1.14 [7].
6 Courts may refer persons to Drug Court during proceedings for offence
6 Courts may refer persons to Drug Court during proceedings for offence
6 Courts may refer persons to Drug Court during proceedings for offence
(1) This section applies to such courts and proceedings as are prescribed by the regulations.
(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—
(a) to ascertain whether the person appears to be an eligible person, and
(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
(c) if so, to refer the person to the Drug Court to be dealt with for the offence.
(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—
(a) in the case of a Judge of the Local Court conducting committal proceedings under the Criminal Procedure Act 1986, before the judge has committed the person for trial or sentence in relation to that offence, and
(b) in any other case, before the person is sentenced or re-sentenced for the offence.
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].
7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond
7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond
7 Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond
(1) This section applies—
(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
(b) in relation to any other person—to such courts and proceedings as are prescribed by the regulations.
(2) It is the duty of a court before whom an offender appears under section 98 of the Crimes (Sentencing Procedure) Act 1999 (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)—
(a) to ascertain whether the person appears to be an eligible person, and
(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
(c) if so, to refer the person to the Drug Court to be dealt with for the alleged failure.
(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.
(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.
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].
7A Persons accepted into program in relation to offence
7A Persons accepted into program in relation to offence
7A Persons accepted into program in relation to offence
(1) This section applies to a person who has been referred to the Drug Court under section 6.
(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—
(a) that the person is an eligible person,
(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,
(c) that, having regard to the person’s antecedents, it would be appropriate for the person to participate in a program under this Act,
(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,
(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,
(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,
(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.
(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.
(4) Sections 44–48 of the Crimes (Sentencing Procedure) Act 1999 do not apply to the conviction and sentencing of a person under this section.
(5) On or within 14 days after sentencing the person, the Drug Court—
(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
(b) must make an order suspending execution of the sentence for the duration of the person’s program (the person’s suspension order).
(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.
(7) The kinds of conditions that the Drug Court may impose on the person under this section are as follows—
(a) conditions relating to conduct and good behaviour,
(b) conditions relating to attendance for counselling or other treatment,
(c) conditions relating to the supervision of the person for the durati
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