Australian Capital Territory Consolidated Acts

DRUGS OF DEPENDENCE ACT 1989 - SECT 123

    (1)     In this section:

"probation officer", in relation to an offender, means a person authorised by the responsible officer to supervise the offender.

    (2)     If—

        (a)     a court makes an assessment order in relation to an offender; and

        (b)     the panel by which the offender is assessed issues a recommendation that the offender undergo treatment at an approved treatment centre;

the court may make an order under subsection (3), taking into consideration the panel's assessment and recommendation, together with any relevant assessment from an approved treatment centre.

    (3)     In the circumstances referred to in subsection (2), a court may, with the consent of the offender, order that the offender, during a period of 2 years, or a shorter period that the court may specify in the order—

        (a)     in accordance with the recommendation of the panel, submit himself or herself for the treatment specified in the order at the approved treatment centre specified in the order, or for any other treatment at that centre or any other centre, as directed from time to time by a panel under section 142 or 143, in accordance, in any case, with the reasonable requirements of the person in charge of the relevant centre; and

        (b)     comply with any other conditions the court specifies in the order.

    (4)     If a court makes an order under subsection (3), without limiting the that subsection, a court may specify conditions in the order relating to—

        (a)     the supervision by a probation officer of the offender; or

        (b)     the attendance by the offender at the relevant approved treatment centre; or

        (c)     the periodic attendance by the offender before a panel for review of the treatment being undergone by the offender.

    (5)     Before making a treatment order, the court shall explain to the offender in relation to whom the order is to be made—

        (a)     the effect that the proposed order would have; and

        (b)     the consequences of noncompliance with the order and of the commission of an offence against section 124 (2); and

        (c)     that the court has the power to review the order on the application of the director or of the offender.

    (6)     If a court makes a treatment order, the proper officer of the court shall—

        (a)     write down the order in accordance with the form approved under section 205 (Approved forms) for this section; and

        (b)     give a copy of the order to the offender, the director and the responsible officer.