27MContravention of order

### 27M Contravention of order > [*\[Section 27M Inserted by No. 21 of 2007, s. 5, Applied:20 Aug 2007\]*](/view/html/inforce/2007-08-20/act-2007-021#GS5@EN) > > > (1)  [*\[Section 27M Subsection (1) amended by No. 48 of 2016, s. 15, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS15@Hpa@EN) If a court is satisfied that an offender has failed to comply with a condition of a drug treatment order (including such an order made by another court), other than by committing an offence punishable by a term of imprisonment exceeding 12 months, the court must take one of the following actions: > > > > > > (a) confirm the treatment and supervision part of the drug treatment order; > > > > > > > (b) vary the treatment and supervision part of the drug treatment order; > > > > > > > (c) make an order requiring the offender to perform up to 20 hours of community work under the supervision of the offender's case manager; > > > > > > > (d) subject to [section 27N](#GS27N@EN) , order that the custodial part of the drug treatment order is activated for a specified period, of not less than one day and not more than 7 days, to be served in prison. > > > (2)  In deciding which action to take under [subsection (1)](#GS27M@Gs1@EN) , the court must – > > > > > > (a) consider each of the actions in the order in which they appear; and > > > > > > > (b) [*\[Section 27M Subsection (2) amended by No. 48 of 2016, s. 15, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS15@Hpb@EN) only take the first action that it considers to be appropriate in the circumstances – > > > > [*\[Section 27M Subsection (2) amended by No. 48 of 2016, s. 15, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS15@Hpc@EN) unless the court is satisfied, having regard to information available to the court as to the therapeutic value of the actions that it may take under [subsection (1)](#GS27M@Gs1@EN) , that taking another action under [subsection (1)](#GS27M@Gs1@EN) is more likely to achieve the purpose or purposes of a drug treatment order set out in [section 27C](#GS27C@EN) . > > > (3)  However, the court may only act under [subsection (1)(d)](#GS27M@Gs1@Hpd@EN) if it is satisfied beyond reasonable doubt that the offender has failed to comply with the relevant condition. > > > (3A)  [*\[Section 27M Subsection (3A) inserted by No. 48 of 2016, s. 15, Applied:08 Feb 2017\]*](/view/html/inforce/2017-02-08/act-2016-048#GS15@Hpd@EN) Despite [subsection (3)](#GS27M@Gs3@EN) , the court may take action under [subsection (1)(d)](#GS27M@Gs1@Hpd@EN) despite only being satisfied on the balance of probabilities that the offender has failed to comply with the relevant condition, if the court is satisfied, having regard to information available to the court as to the therapeutic value of taking such action, that it is appropriate to do so. > > > (4)  To act under [subsection (1)(a)](#GS27M@Gs1@Hpa@EN) , [(b)](#GS27M@Gs1@Hpb@EN) or [(c)](#GS27M@Gs1@Hpc@EN) , the court need only be satisfied on the balance of probabilities that the offender has failed to comply with the relevant condition. > > > (5)  Under [subsection (1)(b)](#GS27M@Gs1@Hpb@EN) , the court may do one or more of the following: > > > > > > (a) add or remove program conditions; > > > > > > > (b) vary core or program conditions, other than the core condition attached under [section 27G(1)(a)](#GS27G@Gs1@Hpa@EN) , for example to increase – > > > > > > > > > > (i) the frequency of treatment; or > > > > > > > > > > > (ii) the degree of supervision; or > > > > > > > > > > > (iii) the frequency of drug testing; > > > > > > > (c) add, if applicable, core conditions of the kind referred to in [section 27G(2)](#GS27G@Gs2@EN) . > > > (6)  If the court is satisfied on the balance of probabilities that an offender who is subject to an order under [subsection (1)(c)](#GS27M@Gs1@Hpc@EN) has failed to comply with the order, the court may take any action under [subsection (1)](#GS27M@Gs1@EN) . > > > (7)  The court may act under [subsection (1)](#GS27M@Gs1@EN) or [(6)](#GS27M@Gs6@EN) on its own motion or on the application of – > > > > > > (a) a police officer or prosecutor; or > > > > > > > (b) a court diversion officer. > > > (8)  [*\[Section 27M Subsection (8) inserted by No. 29 of 2018, s. 6, Applied:10 Dec 2018\]*](/view/html/inforce/2018-12-10/act-2018-029#GS6@EN) [Section 36A](#GS36A@EN) applies, with such adaptation and modification as necessary, to an offender performing community work as required by an order made under [subsection (1)(c)](#GS27M@Gs1@Hpc@EN) as if that order were a community service order.