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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Drug Court Amendment Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Drug Court Act 1998 No 150 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Drug Court Amendment Bill 2002
Act No , 2002
An Act to amend the Drug Court Act 1998 to make further provision with
respect to participation in drug programs, the termination of drug programs,
sentencing and the accommodation of participants; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Drug Court Amendment Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Drug Court Amendment Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Drug Court Act 1998 No 150
The Drug Court Act 1998 is amended as set out in Schedule 1.
Page 2
Drug Court Amendment Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Objects
Omit section 3 (1). Insert instead:
(1) The objects of this Act are:
(a) to reduce the drug dependency of eligible persons, and
(b) to promote the re-integration of such drug dependent
persons into the community, and
(c) to reduce the need for such drug dependent persons to
resort to criminal activity to support their drug
dependencies.
[2] Section 3 (2)
Omit "that object". Insert instead "its objects".
[3] Section 7 Persons accepted into program
Insert after section 7 (2) (e):
(f) that any person (an affected person) with whom it is
likely the person would reside during the period of the
person's participation in a program under this Act has
consented in writing to the person residing with the
affected person during that period.
[4] Section 7 (3B)
Insert after section 7 (3A):
(3B) The kinds of conditions that the Drug Court may impose on
the person under this section are as follows:
(a) conditions relating to conduct and good behaviour,
(b) conditions relating to attendance for counselling or
other treatment,
(c) conditions relating to the supervision of the person for
the duration of a program under this Act,
(d) conditions relating to drug testing that the person must
undergo,
(e) conditions relating to residence, association with other
persons or attendance at specified locations,
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Drug Court Amendment Bill 2002
Schedule 1 Amendments
(f) conditions relating to involvement in activities,
courses, training or employment for the purpose of
promoting the re-integration of the person into the
community,
(g) conditions relating to conferring rewards of the kind
referred to in section 16 (1),
(h) conditions relating to the imposition of sanctions of the
kind referred to in section 16 (2),
(i) any other kinds of conditions that may be prescribed by
the regulations,
(j) such other conditions as the Drug Court considers
appropriate in the circumstances.
[5] Section 7 (5A) and (5B)
Insert after section 7 (5):
(5A) A suspension order does not operate to suspend any period of
disqualification from holding a driver licence imposed by or
under the road transport legislation within the meaning of the
Road Transport (General) Act 1999.
(5B) For the purposes of subsection (2) (f):
(a) the consent of children below a prescribed age, and
(b) the consent of persons suffering a prescribed disability,
may be given on their behalf by such other persons as the
regulations may determine or may, if the regulations so
provide, be dispensed with.
[6] Section 8A Statutory conditions of program
Omit "7 days" from section 8A (1). Insert instead "21 days".
[7] Section 8A (1) (c)
Insert at the end of section 8A (1) (b):
, or
(c) the development of a suitable treatment plan.
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Drug Court Amendment Bill 2002
Amendments Schedule 1
[8] Section 10 Proceedings for non-compliance with program
Omit section 10 (1) (b). Insert instead:
(b) if it is also satisfied, on the balance of probabilities, that
the offender is unlikely to make any further progress in
the program or that the offender's further participation
in the program poses an unacceptable risk to the
community that the person may re-offend--may decide
to terminate the program.
[9] Section 11 Termination of program
Omit section 11 (1) (a). Insert instead:
(a) if the Drug Court is satisfied on the balance of
probabilities that, having regard to the objects of this
Act, the drug offender has substantially complied with
the program, or
[10] Section 15 Sentences imposed by Drug Court
Insert after section 15 (2):
(3) The provisions of section 58 of the Crimes (Sentencing
Procedure) Act 1999 do not apply to a sentence imposed on a
person under this Act by the Drug Court as referred to in
subsection (1) (b) if that sentence is imposed for an offence
committed while the person was participating in a program
under this Act.
(4) The provisions of Division 3 (Taking further offences into
account) of Part 3 of the Crimes (Sentencing Procedure)
Act 1999 apply in relation to a relevant conviction of a person
for an offence as if:
(a) the person had been charged, but not convicted, of the
offence, and
(b) the person had admitted guilt for the offence for the
purposes of section 33 (2) (a) (i) of the Crimes
(Sentencing Procedure) Act 1999.
(5) In this section, relevant conviction of a person for an offence
means the conviction of the person by a court (other than the
Drug Court) for the offence under any of the following
provisions for which the person has not been sentenced by
that court:
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Drug Court Amendment Bill 2002
Schedule 1 Amendments
(a) section 75B of the Justices Act 1902,
(b) section 196 of the Criminal Procedure Act 1986 (as
inserted by the Criminal Procedure Amendment
(Justices and Local Courts) Act 2001).
[11] Section 31 Provision of information to Drug Court
Omit "The following provisions apply to and in respect of any information
provided for the purposes of this section (protected information)" from
section 31 (3).
Insert instead "The following provisions apply to and in respect of any
information (protected information) relating to a drug offender that is
provided to the Drug Court, or to any person to whom this section applies,
by a person to whom this section applies".
[12] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Drug Court Amendment Act 2002
[13] Schedule 2
Insert at the end of the Schedule (with appropriate Part and clause
numbers):
Part Provisions consequent on enactment of
Drug Court Amendment Act 2002
Application of Drug Court Amendment Act 2002 to existing
programs
Each amendment made to this Act by any of the following
provisions of the Drug Court Amendment Act 2002 extends to
a program under this Act that is in effect immediately before
the commencement of the amendment:
(a) Schedule 1 [1] and [2],
(b) Schedule 1 [5] (but only to the extent it inserts section
7 (5A) in this Act),
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Drug Court Amendment Bill 2002
Amendments Schedule 1
(c) Schedule 1 [6],
(d) Schedule 1 [7],
(e) Schedule 1 [8],
(f) Schedule 1 [9],
(g) Schedule 1 [11].
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