sec.379ABDrug diversion agreement

### sec.379AB Drug diversion agreement If the person agrees to an offer made under section 379 or 379AA , the person must sign an agreement (a drug diversion agreement ) to participate in, and complete, a drug diversion assessment program. The drug diversion agreement must include a provision authorising the provider of the drug diversion assessment program to disclose to the commissioner information about— the person’s participation in, and completion of, the program; or if the person failed to participate in, or complete, the program—the person’s failure to participate in, or complete, the program. The police officer must— give the person a written requirement to participate in, and complete, a drug diversion assessment program in accordance with the drug diversion agreement; and inform the person that failure to comply with the requirement is an offence against section 791 . Also, the police officer must give the chief executive (health), or a person or organisation nominated by that chief executive for this section, a copy of the drug diversion agreement. On the signing of the drug diversion agreement, the minor drugs matter the subject of the minor drugs offence is forfeited to the State. If the person is an arrested person, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the police officer is satisfied subsections (1) and (3) have been complied with. s 379AB ins 2023 No. 11 s 22 (sec.379AB-ssec.1) If the person agrees to an offer made under section 379 or 379AA , the person must sign an agreement (a drug diversion agreement ) to participate in, and complete, a drug diversion assessment program. (sec.379AB-ssec.2) The drug diversion agreement must include a provision authorising the provider of the drug diversion assessment program to disclose to the commissioner information about— the person’s participation in, and completion of, the program; or if the person failed to participate in, or complete, the program—the person’s failure to participate in, or complete, the program. (sec.379AB-ssec.3) The police officer must— give the person a written requirement to participate in, and complete, a drug diversion assessment program in accordance with the drug diversion agreement; and inform the person that failure to comply with the requirement is an offence against section 791 . (sec.379AB-ssec.4) Also, the police officer must give the chief executive (health), or a person or organisation nominated by that chief executive for this section, a copy of the drug diversion agreement. (sec.379AB-ssec.5) On the signing of the drug diversion agreement, the minor drugs matter the subject of the minor drugs offence is forfeited to the State. (sec.379AB-ssec.6) If the person is an arrested person, it is the duty of a police officer to release the person at the earliest reasonable opportunity after the police officer is satisfied subsections (1) and (3) have been complied with. - (a) the person’s participation in, and completion of, the program; or - (b) if the person failed to participate in, or complete, the program—the person’s failure to participate in, or complete, the program. - (a) give the person a written requirement to participate in, and complete, a drug diversion assessment program in accordance with the drug diversion agreement; and - (b) inform the person that failure to comply with the requirement is an offence against section 791 .