Australian Capital Territory Consolidated Acts

DRUGS OF DEPENDENCE ACT 1989 - SECT 142

    (1)     A person who is—

        (a)     an offender attending an approved treatment centre under a treatment order; or

        (b)     in charge of the approved treatment centre that such an offender is attending;

may apply to the director for consideration of a variation in the treatment being undergone by the relevant offender, other than a variation in the period of the treatment, to be referred to a panel.

    (2)     An application under subsection (1) shall be in writing signed by the applicant, and shall specify the variation sought.

    (3)     If the director—

        (a)     receives an application in accordance with this section; or

        (b)     considers it necessary to do so;

the director shall refer the matter to a panel for this section.

    (4)     A panel shall, by writing signed by the presiding member stating the reasons for the decision—

        (a)     in the terms sought by the applicant or, in the case referred to in subsection (3) (b), the director—direct that any treatment being undergone by an offender be varied in a specified way; or

        (b)     refuse to make the direction sought.

    (5)     A panel may only make a direction referred to in subsection (4) (a) with the consent of—

        (a)     the offender; and

        (b)     except if the panel directs that the offender attend another approved treatment centre for treatment—the person in charge of the approved treatment centre the offender is currently attending.

    (6)     The presiding member of a panel shall give a copy of the instrument made under subsection (4), together with a copy of any notice under section 145 of an approved treatment centre's assessment of the offender, to the offender, the director, the responsible officer, a police officer, and—

        (a)     if the panel directs that the offender attend another approved treatment centre for treatment—the proper officer of the court that made the relevant treatment order and the person in charge of that other centre; or

        (b)     in any other case—the person in charge of the approved treatment centre the offender is currently attending.