NSWIn ForceAct
Drug Court Act 1998
18BAState Parole Authority to refer certain offenders whose parole is revoked to Drug Court
Start here
Get a plain-English read of 18BA
Turn the raw legal text into a practical explanation grounded in Drug Court Act 1998.
#### 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 (1) This section applies in respect of a person (a relevant person) whose parole has been revoked in respect of a sentence that has previously been the subject of a compulsory drug treatment order which has expired under section 106E (b) of the [Crimes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](/view/html/inforce/current/act-1999-093).
>
> > (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 \[5\].