QLDIn ForceAct
Penalties and Sentences Act 1992
sec.151VCourt may amend rehabilitation part of treatment order
Start here
Get a plain-English read of sec.151V
Turn the raw legal text into a practical explanation grounded in Penalties and Sentences Act 1992.
### sec.151V Court may amend rehabilitation part of treatment order
The court may, from time to time, amend the rehabilitation part of a treatment order by—
adding conditions to or removing conditions from the treatment program; or
amending conditions imposed under the treatment program, including, for example, by amending the type or frequency of alcohol or other drug testing; or
extending the rehabilitation part of the treatment order.
The court may make the amendment—
on the court’s own initiative; or
on an application by—
the offender; or
the prosecutor; or
a review team member for the treatment order.
In deciding whether to make the amendment, the court must have regard to the extent to which the offender has complied with the treatment order.
However, the court may not extend the rehabilitation part of the treatment order beyond the day the custodial part of the treatment order ends.
The court must give reasons for a decision to amend a treatment order under this section.
s 151V ins 2017 No. 41 s 35
(sec.151V-ssec.1) The court may, from time to time, amend the rehabilitation part of a treatment order by— adding conditions to or removing conditions from the treatment program; or amending conditions imposed under the treatment program, including, for example, by amending the type or frequency of alcohol or other drug testing; or extending the rehabilitation part of the treatment order.
(sec.151V-ssec.2) The court may make the amendment— on the court’s own initiative; or on an application by— the offender; or the prosecutor; or a review team member for the treatment order.
(sec.151V-ssec.3) In deciding whether to make the amendment, the court must have regard to the extent to which the offender has complied with the treatment order.
(sec.151V-ssec.4) However, the court may not extend the rehabilitation part of the treatment order beyond the day the custodial part of the treatment order ends.
(sec.151V-ssec.5) The court must give reasons for a decision to amend a treatment order under this section.
- (a) adding conditions to or removing conditions from the treatment program; or
- (b) amending conditions imposed under the treatment program, including, for example, by amending the type or frequency of alcohol or other drug testing; or
- (c) extending the rehabilitation part of the treatment order.
- (a) on the court’s own initiative; or
- (b) on an application by— (i) the offender; or (ii) the prosecutor; or (iii) a review team member for the treatment order.
- (i) the offender; or
- (ii) the prosecutor; or
- (iii) a review team member for the treatment order.
- (i) the offender; or
- (ii) the prosecutor; or
- (iii) a review team member for the treatment order.