Australian Capital Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DRUGS OF DEPENDENCE ACT 1989 - SECT 144

Referral for other purposes

    (1)     The director shall refer a matter to a panel

        (a)     on receipt of a copy of a court order under section 124 (5); or

        (b)     on receipt of a copy of an offender's application for a court order under section 129; or

        (c)     on receipt of an application by the person in charge of an approved treatment centre that an offender is attending for treatment under a treatment order; or

        (d)     as the director considers necessary;

for this section.

    (2)     An application referred to in subsection (1) (c) by the person in charge of an approved treatment centre shall be in writing signed by that person, and shall specify the recommendation of the panel sought.

    (3)     A panel shall, by writing signed by the presiding member stating the reasons for the decision, recommend, in relation to treatment being undergone by an offender under a treatment order

        (a)     that the period of the treatment be extended or reduced by a period specified in the instrument, or that the order be revoked; or

        (b)     in the case referred to in subsection (1) (a)—that the treatment be otherwise varied in the way specified in the instrument; or

        (c)     that no action be taken in relation to that treatment or the order.

    (4)     If a matter is referred to a panel in the circumstances referred to in subsection (1) (b), (c) or (d), it shall only make a recommendation referred to in subsection (3) (a) or (b) in accordance with the terms sought by—

        (a)     in the case referred to in subsection (1) (b)—the offender; or

        (b)     in the case referred to in subsection (1) (c)—the person in charge of the relevant approved treatment centre; or

        (c)     in the case referred to in subsection (1) (d)—the director.

    (5)     The presiding member of a panel shall give a copy of the instrument made under subsection (3), 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)     in the case referred to in subsection (1) (a) or (b)—the proper officer of the relevant court; and

        (b)     if the panel recommends that the offender attend another approved treatment centre for treatment—the person in charge of that centre; and

        (c)     if the panel does not recommend 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)     If a matter is referred to a panel in the circumstances referred to in subsection (1) (c) or (d), and the panel makes a recommendation referred to in subsection (3) (a), the director shall apply under section 129 to the relevant court for an order in terms of that recommendation.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]