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Queensland
DRUG REHABILITATION
(COURT DIVERSION) BILL
1999
Queensland
DRUG REHABILITATION (COURT
DIVERSION) BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Objects of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Relationship with Penalties and Sentences Act 1992 . . . . . . . . . . . . . . . . . 7
PART 2--DEFINITIONS AND IMPORTANT TERMS
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Who is an "eligible person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 What is a "disqualifying offence" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 What is a "relevant offence" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--PILOT PROGRAM COURTS AND PILOT PROGRAM
MAGISTRATES
9 Pilot program courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Pilot program magistrates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Functions, additional jurisdiction and powers of pilot program
magistrates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Other functions of pilot program magistrates . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 4--REFERRAL FOR ASSESSMENT
13 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Referral to be decided as soon as practicable . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Deciding whether to refer for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Referral for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Drug Rehabilitation (Court Diversion)
PART 5--INTENSIVE DRUG REHABILITATION ORDERS
Division 1--Preliminary
17 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Making an order
18 Pilot program magistrate may make order only if conviction recorded . . . 13
19 Making of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Contents of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Delaying suspension of sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 General requirements of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Additional requirements of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Contents and requirements of rehabilitation program . . . . . . . . . . . . . . . . . . 16
25 Explaining orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Offender to agree to making or amending of order . . . . . . . . . . . . . . . . . . . . 18
27 Copy of order to offender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Multiple offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--Not making an order
29 Dealing with offenders if no intensive drug rehabilitation order made . . . . 19
Division 4--Rewards and sanctions
30 Application for reward or sanction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Rewards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 5--Amending orders and terminating rehabilitation
programs
33 Amending intensive drug rehabilitation orders . . . . . . . . . . . . . . . . . . . . . . . 22
34 Terminating rehabilitation programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Process for application to amend intensive drug rehabilitation
order or terminate rehabilitation program . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Final sentence to be decided on completion or termination of
rehabilitation program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 6--General
37 Immunity from prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Random drug testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Disclosing compliance or failure to comply with rehabilitation program . . 26
3
Drug Rehabilitation (Court Diversion)
40 Arrest warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
41 Warrants of commitment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
42 When no appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 6--GENERAL
43 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
45 Review of Act by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Report on Act's operation by pilot program magistrate . . . . . . . . . . . . . . . . 29
47 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 30
DICTIONARY
1999
A BILL
FOR
An Act to establish a pilot court diversion program to provide
intensive drug rehabilitation for drug dependant offenders
s1 6 s3
Drug Rehabilitation (Court Diversion)
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Drug Rehabilitation (Court Diversion) 4
Act 1999. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
of this Act 8
Objects
3.(1) The objects of this Act are to reduce-- 9
(a) the level of drug dependency in the community; and 10
(b) the level of criminal activity associated with drug dependency; and 11
(c) health risks to the community associated with drug dependency; 12
and 13
(d) pressure on resources in the court and prison systems. 14
(2) The objects are to be achieved by establishing a pilot court diversion 15
program-- 16
(a) to identify drug dependant persons who are suitable to receive 17
intensive drug rehabilitation; and 18
(b) to improve their ability to function as law abiding citizens; and 19
(c) to improve their employability; and 20
(d) to improve their health. 21
s4 7 s6
Drug Rehabilitation (Court Diversion)
with Penalties and Sentences Act 1992 1
Relationship
4.(1) A pilot program magistrate-- 2
(a) must have regard to the principles stated in the Penalties and 3
Sentences Act 1992, section 9;1 and 4
(b) may exercise the powers and make the orders a magistrate may 5
exercise or make under that Act. 6
(2) Subsection (1) applies unless a contrary intention appears. 7
PART 2--DEFINITIONS AND IMPORTANT TERMS 8
9
Definitions
5. The dictionary in the schedule defines particular words used in this 10
Act. 11
is an "eligible person" 12
Who
6.(1) A person appearing before a pilot program court charged with an 13
offence is an "eligible person" if-- 14
(a) the person is not a person who must be dealt with as a child under 15
the Juvenile Justice Act 1992; and 16
(b) the person is drug dependent and that dependency contributed to 17
the person committing the offence; and 18
(c) it is likely the person would, if convicted of the offence, be 19
sentenced to imprisonment; and 20
(d) the person satisfies any other criteria prescribed under a 21
regulation. 22
(2) The person is not an eligible person if-- 23
1 Penalties and Sentences Act 1992, section 9 (Sentencing guidelines)
s7 8 s8
Drug Rehabilitation (Court Diversion)
(a) the person is serving a term of imprisonment, other than under 1
the Penalties and Sentences Act 1992, section 112;2 or 2
(b) a charge against the person for a disqualifying offence is pending 3
in a court. 4
(3) Without limiting subsection (1)(d), the regulation may require that the 5
person be someone who resides within a stated locality. 6
is a "disqualifying offence" 7
What
7.(1) A "disqualifying offence" is-- 8
(a) an offence of a sexual nature; or 9
(b) an indictable offence 3 involving violence against another person, 10
other than an offence charged under any of the following 11
provisions of the Criminal Code-- 12
· section 335 13
· section 340(a), but only if the offence is the assault of 14
another with intent to resist or prevent the lawful arrest or 15
detention of the person or of any other person 16
· section 340(b).4 17
(2) For section 6(2)(b), a reference in subsection (1) to a provision of the 18
Criminal Code includes a reference to a corresponding provision of a law of 19
another State or the Commonwealth. 20
is a "relevant offence" 21
What
8.(1) Each of the following is a "relevant offence"-- 22
(a) a simple offence; 23
2 Penalties and Sentences Act 1992, section 112 (Making of order) deals with the
making of intensive correction orders.
3 Acts Interpretation Act 1954, section 36, provides--
"indictable offence" includes an act or omission committed outside Queensland that
would be an indictable offence if it were committed in Queensland.
4 Criminal Code, section 335 (Common assault) or 340 (Serious assaults)
s9 9 s 11
Drug Rehabilitation (Court Diversion)
(b) an indictable offence that may be dealt with summarily; 1
(c) a prescribed drug offence; 2
(d) another offence prescribed under a regulation that is punishable by 3
imprisonment for a term of not more than 7 years. 4
(2) A relevant offence does not include a disqualifying offence. 5
PART 3--PILOT PROGRAM COURTS AND PILOT 6
PROGRAM MAGISTRATES 7
program courts 8
Pilot
9.(1) The Governor in Council, by regulation, may declare 1 or more 9
Magistrates Courts to be pilot program courts. 10
(2) A court is a pilot program court under subsection (1) whether or not it 11
is constituted by a pilot program magistrate. 12
(3) However, a power of a pilot program magistrate may be exercised 13
only in a pilot program court. 14
program magistrates 15
Pilot
10.(1) The Chief Stipendiary Magistrate must allocate the functions of a 16
pilot program magistrate to 1 or more magistrates. 17
(2) Nothing in this Act prevents a pilot program magistrate exercising the 18
jurisdiction of a Magistrates Court at any time. 19
additional jurisdiction and powers of pilot program 20
Functions,
magistrates 21
11.(1) A pilot program magistrate has the functions given by this Act. 22
(2) For the performance of a pilot program magistrate's functions, a pilot 23
program magistrate has jurisdiction to deal with a person appearing before 24
the magistrate charged with a prescribed drug offence. 25
s 12 10 s 13
Drug Rehabilitation (Court Diversion)
(3) A pilot program magistrate has power to do all things necessary or 1
convenient to be done for the performance of the magistrate's functions. 2
(4) A pilot program magistrate must conduct proceedings under this Act 3
quickly and in a way that avoids unnecessary technicalities and facilitates the 4
fair and practical conduct of the proceedings. 5
(5) In a proceeding under this Act, the pilot program magistrate is not 6
bound by the rules of evidence, but may inform himself or herself in any 7
way the magistrate considers appropriate. 8
functions of pilot program magistrates 9
Other
12.(1) This Act does not affect the application of the Stipendiary 10
Magistrates Act 1991 to a pilot program magistrate. 11
(2) For example, a pilot program magistrate, in addition to exercising 12
functions as a pilot program magistrate, must-- 13
(a) exercise other functions as a magistrate as directed by the Chief 14
Stipendiary Magistrate; and 15
(b) comply with reasonable directions given, or requirements made, 16
by the Chief Stipendiary Magistrate. 17
PART 4--REFERRAL FOR ASSESSMENT 18
of pt 4 19
Application
13. This part applies if-- 20
(a) a person charged with a relevant offence appears before a 21
magistrate in a pilot program court; and 22
(b) there is evidence the person is drug dependant. 23
s 14 11 s 16
Drug Rehabilitation (Court Diversion)
to be decided as soon as practicable 1
Referral
14.(1) The powers conferred on a magistrate under this part must be 2
exercised as soon as practicable after the person first comes before the pilot 3
program court for a relevant offence. 4
(2) Despite subsection (1), the powers may be exercised at any time 5
before the court sentences the person or commits the person for trial or 6
sentence for the offence. 7
whether to refer for assessment 8
Deciding
15.(1) The magistrate must decide whether the person appears to be an 9
eligible person. 10
(2) If the person appears to be an eligible person, the magistrate may 11
decide to refer the person for assessment if satisfied-- 12
(a) the person has pleaded guilty to the offence or has indicated that 13
he or she intends to plead guilty to the offence; and 14
(b) the person is willing to be assessed for suitability for rehabilitation 15
and to appear before a pilot program magistrate to be dealt with 16
for the offence. 17
for assessment 18
Referral
16.(1) If the magistrate decides to refer the person for assessment, the 19
magistrate may adjourn the proceedings and-- 20
(a) remand the person in custody to appear before a pilot program 21
magistrate; or 22
(b) release the person on bail to appear before a pilot program 23
magistrate. 24
(2) If the magistrate adjourns the proceedings, the magistrate must 25
require the corrective services' chief executive to prepare and submit to a 26
pilot program magistrate, within the time allowed by the magistrate, a report 27
under the Corrective Services Act 1988, section 2015 that contains-- 28
5 Corrective Services Act 1988, section 201 (Chief executive to cause reports to be
prepared)
s 17 12 s 17
Drug Rehabilitation (Court Diversion)
(a) an assessment of the person's suitability for rehabilitation; and 1
(b) if the person is suitable, a proposed rehabilitation program. 2
(3) If the magistrate releases the person on bail, the grant of bail must be 3
made subject to the condition that, for the purpose of preparing the report, 4
the person-- 5
(a) reports to a stated community correctional office within a stated 6
time; and 7
(b) reports to other persons at the times and places directed by a 8
community correctional officer. 9
(4) If the magistrate remands the person in custody, the corrective 10
services' chief executive must ensure the person appears before a pilot 11
program magistrate to be dealt with for the offence. 12
PART 5--INTENSIVE DRUG REHABILITATION 13
ORDERS 14
Division 1--Preliminary 15
of pt 5 16
Application
17.(1) This part applies if a person charged with a relevant offence (the 17
"offender") appears before a pilot program magistrate-- 18
(a) on proceedings adjourned under part 4; or 19
(b) if expressly provided in relation to a provision of this part, on 20
other proceedings. 21
(2) In deciding whether to make an order under this part, it does not 22
matter whether the offence was committed before or after the 23
commencement of this Act. 24
s 18 13 s 19
Drug Rehabilitation (Court Diversion)
2--Making an order 1
Division
program magistrate may make order only if conviction recorded 2
Pilot
18.(1) A pilot program magistrate may make an intensive drug 3
rehabilitation order for the offender for a relevant offence only if the 4
magistrate records a conviction. 5
(2) Subsection (1) also applies if the proceedings for the offence are 6
before the magistrate other than on adjournment under part 4. 7
of order 8
Making
19. A pilot program magistrate may make an order ("intensive drug 9
rehabilitation order") for the offender for an offence if satisfied-- 10
(a) the offence is a relevant offence; and 11
(b) the offender is an eligible person; and 12
(c) the offender has pleaded guilty to the offence; and 13
(d) the magistrate would, apart from this Act, sentence the offender to 14
a term of imprisonment; and 15
(e) the offence is-- 16
(i) a prescribed drug offence, or an offence against the Drugs 17
Misuse Act 1986 that may be prosecuted summarily, for 18
which the offender may be adequately punished with 19
imprisonment of not more than 2 years; or 20
(ii) another offence for which the offender may be adequately 21
punished with imprisonment of not more than 3 years; and 22
(f) the offender is not suffering from any mental condition that could 23
prevent the offender's active participation in a rehabilitation 24
program; and 25
(g) the facilities to supervise and control the offender's participation 26
in a rehabilitation program are available for allocation to the 27
offender under guidelines prescribed under a regulation; and 28
s 20 14 s 21
Drug Rehabilitation (Court Diversion)
(h) it would be otherwise appropriate for an intensive drug 1
rehabilitation order to be made, having regard to all relevant 2
matters including, for example-- 3
(i) the report mentioned in section 16(2);6 and 4
(ii) whether a charge for an offence that can not be dealt with 5
under this Act (other than a disqualifying offence7 ) is 6
pending in a court against the offender, and if so, the nature 7
and seriousness of the offence and when the charge is likely 8
to be dealt with. 9
of order 10
Contents
20. If the pilot program magistrate decides to make an intensive drug 11
rehabilitation order for the offender, the order must contain-- 12
(a) an order-- 13
(i) sentencing the offender to serve a term of imprisonment (the 14
"initial sentence"); and 15
(ii) suspending the whole of the term of imprisonment under 16
this Act; and 17
(b) the requirements of the order; and 18
(c) a rehabilitation program decided by the pilot program magistrate 19
for the offender. 20
suspension of sentence 21
Delaying
21. If the pilot program magistrate is satisfied sufficient grounds exist, 22
the magistrate may-- 23
(a) direct that the commencement of the suspension of the sentence 24
be delayed for not more than 14 days; and 25
(b) order that the offender be detained in custody in a prison until the 26
earlier of the following days-- 27
6 Section 16 (Referral for assessment)
7 For the effect of a disqualifying offence, see section 6(2)(b).
s 22 15 s 23
Drug Rehabilitation (Court Diversion)
(i) the day the general manager of the prison is given a release 1
authority in the approved form signed by the clerk of the 2
court of a pilot program court; 3
(ii) the day the 14 day period ends. 4
5
Example--
6
The pilot program magistrate is satisfied the offender requires detoxification but
7
suitable facilities for detoxification are not immediately available.
requirements of order 8
General
22. The intensive drug rehabilitation order must contain requirements that 9
the offender-- 10
(a) must not commit an offence, in or outside Queensland, during the 11
period of the order; and 12
(b) must notify an authorised corrective services officer of every 13
change of the offender's place of residence or employment within 14
2 business days after the change happens; and 15
(c) must not leave or stay out of Queensland without an authorised 16
corrective services officer's permission; and 17
(d) must comply with every reasonable direction of an authorised 18
corrective services officer, including a direction to appear before a 19
pilot program magistrate at a stated time and place; and 20
(e) must attend before a pilot program magistrate at the times and 21
places stated in the order. 22
requirements of order 23
Additional
23.(1) The intensive drug rehabilitation order may also contain 24
requirements that the offender-- 25
(a) make restitution, or pay compensation; and 26
(b) satisfactorily perform community service of up to 120 hours for 27
the period stated in the order, as and when directed by an 28
authorised corrective services officer; and 29
s 24 16 s 24
Drug Rehabilitation (Court Diversion)
(c) do another thing that a pilot program magistrate considers may 1
help the offender's rehabilitation. 2
(2) A requirement to make restitution may be made for property-- 3
(a) in relation to which an offence was committed; or 4
(b) taken in the course of, or in connection with, the commission of 5
the offence. 6
(3) A requirement to pay compensation may be made-- 7
(a) to a person for any loss or destruction of, damage caused to, or 8
unlawful interference with, property-- 9
(i) in relation to which an offence was committed; or 10
(ii) in the course of, or in connection with, the commission of 11
the offence; and 12
(b) for personal injury suffered by a person, whether or not the 13
person is the victim against whom an offence was committed, 14
because of the commission of the offence. 15
(4) The Penalties and Sentences Act 1992, part 3, division 4, does not 16
apply to restitution or compensation under an intensive drug rehabilitation 17
order. 18
(5) The Penalties and Sentences Act 1992, part 5, division 2 and 3, does 19
not apply to community service under an intensive drug rehabilitation order. 20
(6) A requirement under subsection (1) is not a sentence within the 21
meaning of the Penalties and Sentences Act 1992, section 4. 22
and requirements of rehabilitation program 23
Contents
24.(1) The intensive drug rehabilitation order must, as far as practicable, 24
state the details of the rehabilitation program the offender must undertake, 25
including, for example, that the offender must-- 26
(a) report to, or receive visits from, an authorised corrective services 27
officer; or 28
(b) report for drug testing to an authorised corrective services officer; 29
or 30
(c) attend vocational education and employment courses; or 31
s 25 17 s 25
Drug Rehabilitation (Court Diversion)
(d) submit to medical, psychiatric or psychological treatment. 1
(2) As part of the medical, psychiatric or psychological treatment, the 2
offender may be required to remain at a place, and for a time, stated in the 3
program. 4
(3) The offender's rehabilitation program must also state that a pilot 5
program magistrate may, at any time, commit the offender to a prison for 6
up to 7 days at a time if, in the magistrate's opinion, the committal is 7
necessary to facilitate-- 8
(a) detoxification of the offender; or 9
(b) assessment of the offender's participation in the program. 10
(4) However, the offender must not be committed to a prison for 11
detoxification unless the pilot program magistrate is satisfied no other 12
suitable facilities are immediately available. 13
orders 14
Explaining
25.(1) Before making an intensive drug rehabilitation order, the pilot 15
program magistrate must ensure the following matters are explained to the 16
offender-- 17
(a) that the intensive drug rehabilitation order has 3 parts-- 18
(i) the sentence of imprisonment and the suspension of the 19
sentence; and 20
(ii) the requirements of the order; and 21
(iii) the rehabilitation program; 22
(b) the purpose and effect of the order; 23
(c) what may happen if the offender does not comply with the order; 24
(d) that, subject to divisions 4 and 5, the requirements of the order or 25
the rehabilitation program may be amended or a rehabilitation 26
program terminated on a pilot program magistrate's own initiative 27
or on application by-- 28
(i) the offender; or 29
(ii) an authorised corrective services officer; or 30
s 26 18 s 27
Drug Rehabilitation (Court Diversion)
(iii) the commissioner of the police service; or 1
(iv) the director of public prosecutions. 2
(2) If the offender is charged with a prescribed drug offence, the 3
magistrate must also explain-- 4
(a) the offender would normally be dealt with in the Supreme Court 5
for the offence; and 6
(b) the magistrate is dealing with the offender on the condition the 7
offender successfully complete the rehabilitation program; and 8
(c) if the offender does not successfully complete the rehabilitation 9
program, the offender will be dealt with in the Supreme Court for 10
the offence. 11
(3) The explanation must be made in language, or in a way, likely to be 12
readily understood by the offender. 13
to agree to making or amending of order 14
Offender
26.(1) The pilot program magistrate may make an intensive drug 15
rehabilitation order for the offender only if the offender agrees to the order 16
being made and agrees to comply with it. 17
(2) The pilot program magistrate may amend the requirements of an 18
intensive drug rehabilitation order or a rehabilitation program only if the 19
offender agrees to the order being amended and agrees to comply with it. 20
of order to offender 21
Copy
27.(1) The clerk of the court of the pilot program court must give the 22
offender a copy of the intensive drug rehabilitation order. 23
(2) The offender must acknowledge receipt of the copy in writing. 24
(3) Until subsections (1) and (2) are complied with, the offender must 25
remain in the custody of a police officer. 26
s 28 19 s 30
Drug Rehabilitation (Court Diversion)
offences 1
Multiple
28.(1) Under section 19,8 the pilot program magistrate ("magistrate") 2
may make more than 1 intensive drug rehabilitation order ("order") for the 3
offender for more than 1 offence. 4
(2) If the magistrate makes an order for the offender in proceedings 5
adjourned before the magistrate under part 4, the magistrate may also make 6
an order under section 19 for the offender in relation to another relevant 7
offence even though proceedings for the other offence are before the 8
magistrate other than on adjournment under part 4. 9
(3) However, in no case may the magistrate make more than 1 order for 10
the offender for more than 1 offence if the total period of imprisonment for 11
which the offender would be sentenced under section 20(a)(i)9 would be 12
more than 3 years. 13
(4) The orders may be included in a single form of order that specifies 14
each offence for which an intensive drug rehabilitation order is made. 15
3--Not making an order 16
Division
with offenders if no intensive drug rehabilitation order made 17
Dealing
29. If the pilot program magistrate decides not to make an intensive drug 18
rehabilitation order for the offender, the magistrate must exercise the 19
jurisdiction of a Magistrates Court and deal with the offender according to 20
law. 21
4--Rewards and sanctions 22
Division
for reward or sanction 23
Application
30. A reward or sanction under this division may be given or imposed on 24
the application of an authorised corrective services officer or the offender or 25
on the pilot program magistrate's own initiative. 26
8 Section 19 (Making of order)
9 Section 20 (Contents of order)
s 31 20 s 32
Drug Rehabilitation (Court Diversion)
1
Rewards
31.(1) A pilot program magistrate may give the following kinds of 2
rewards to the offender if the magistrate is satisfied on the balance of 3
probabilities the offender is satisfactorily complying with the offender's 4
intensive drug rehabilitation order-- 5
(a) stated privileges; 6
(b) a decrease in the amount of any monetary penalty payable, but not 7
yet paid, by the offender under section 32; 8
(c) a decrease in the frequency of drug testing of the offender; 9
(d) a decrease in the level of supervision of the offender by a pilot 10
program magistrate or someone else; 11
(e) a change in-- 12
(i) the nature of the vocational education and employment 13
courses the offender attends; or 14
(ii) the nature of medical, psychiatric or psychological treatment 15
the offender is undergoing; 16
(f) a decrease in the frequency with which the offender must attend 17
the courses or treatment; 18
(g) a decrease in the amount of community service the offender must 19
perform under the order. 20
(2) The magistrate may, if necessary, amend the requirements of the 21
offender's intensive drug rehabilitation order or the offender's rehabilitation 22
program to give the reward. 23
24
Sanctions
32.(1) A pilot program magistrate may impose the following kinds of 25
sanctions on the offender if the magistrate is satisfied on the balance of 26
probabilities the offender is not satisfactorily complying with the offender's 27
intensive drug rehabilitation order-- 28
(a) the withdrawal of stated privileges; 29
(b) the imposition of a monetary penalty payable to the clerk of the 30
court of a pilot program court; 31
s 32 21 s 32
Drug Rehabilitation (Court Diversion)
(c) an increase in the frequency of drug testing of the offender; 1
(d) an increase in the level of supervision of the offender by a pilot 2
program magistrate or someone else; 3
(e) a change in-- 4
(i) the nature of the vocational education and employment 5
courses the offender attends; or 6
(ii) the nature of medical, psychiatric or psychological treatment 7
the offender is undergoing; 8
(f) an increase in the frequency with which the offender must attend 9
the courses or treatment; 10
(g) the imposition of a term of imprisonment for up to 14 days for 11
each failure to comply with the order; 12
(h) an increase in the amount of community service the offender 13
must perform, but not so as to increase the total number of hours 14
to be performed under this section and under the order to more 15
than 120 hours. 16
(2) The magistrate may, if necessary, amend the requirements of the 17
offender's intensive drug rehabilitation order or the offender's rehabilitation 18
program to give the sanction. 19
(3) A monetary penalty imposed under subsection (1)(b) is not a penalty 20
within the meaning of the Penalties and Sentences Act 1992, section 4. 21
(4) A term of imprisonment imposed under subsection (1)(g) is not a 22
sentence within the meaning of the Penalties and Sentences Act 1992, 23
section 4.10 24
10 Penalties and Sentences Act 1992, section 4 (Definitions)
s 33 22 s 34
Drug Rehabilitation (Court Diversion)
5--Amending orders and terminating rehabilitation programs 1
Division
intensive drug rehabilitation orders 2
Amending
33.(1) A pilot program magistrate may, on application under this division 3
or on the magistrate's own initiative, amend the requirements of an 4
intensive drug rehabilitation order or a rehabilitation program. 5
(2) If the magistrate amends the order, the magistrate must give reasons. 6
(3) This section is subject to section 26(2).11 7
rehabilitation programs 8
Terminating
34.(1) A pilot program magistrate may, on application under this division 9
or on the magistrate's own initiative, terminate a rehabilitation program 10
decided for the offender if-- 11
(a) the offender asks the magistrate to terminate the rehabilitation 12
program; or 13
(b) if the magistrate proposes to amend the order-- 14
(i) the offender does not agree to the order being amended; or 15
(ii) the offender does not agree to comply with the amended 16
order; or 17
(c) the offender does not attend before a pilot program magistrate as 18
required under the offender's intensive drug rehabilitation order or 19
otherwise; or 20
(d) the offender has otherwise failed to comply with the intensive 21
drug rehabilitation order; or 22
(e) the magistrate is satisfied, on the balance of probabilities, the 23
offender's further participation in the rehabilitation program 24
would serve no useful purpose. 25
(2) If the magistrate terminates the rehabilitation program, the magistrate 26
must give reasons. 27
11 Section 26 (Offender to agree to making or amending of order)
s 35 23 s 35
Drug Rehabilitation (Court Diversion)
(3) If the offence in relation to which the intensive drug rehabilitation 1
order for the offender was made is a prescribed drug offence, the magistrate 2
must-- 3
(a) revoke the conviction recorded for the offence; and 4
(b) vacate the intensive drug rehabilitation order; and 5
(c) under the Justices Act 1886, section 113,12 commit the offender to 6
the Supreme Court for sentence. 7
for application to amend intensive drug rehabilitation order 8
Process
or terminate rehabilitation program 9
35.(1) An application under section 33 or 34 may be made by any of the 10
following persons-- 11
(a) the offender; 12
(b) an authorised corrective services officer; 13
(c) the commissioner of the police service; 14
(d) the director of public prosecutions. 15
(2) The application may be made-- 16
(a) if the offender is before a pilot program magistrate--without 17
notice; or 18
(b) if the offender is not before a pilot program magistrate--after 19
giving notice in the approved form and as required under 20
subsection (3), (4), (5) or (6). 21
(3) If an application is made by the offender, notice must be given by the 22
court to the corrective services' chief executive and the prosecutor. 23
(4) If an application is made by an authorised corrective services officer, 24
notice must be given to the court, the offender and the prosecutor. 25
(5) If an application is made by the commissioner of the police service, 26
notice must be given to the court, the offender and the corrective services' 27
chief executive. 28
12 Justices Act 1886, section 113 (Procedure of defendant pleads guilty)
s 36 24 s 36
Drug Rehabilitation (Court Diversion)
(6) If an application is made by the director of public prosecutions, notice 1
must be given to the court, the offender and the corrective services' chief 2
executive. 3
(7) Notice under subsection (3), (4), (5) or (6) must be given to the 4
person at least the day before the application is to be heard before the 5
magistrate. 6
(8) In this section-- 7
"prosecuting authority" means the commissioner of the police service or 8
the director of public prosecutions. 9
"prosecutor" means the prosecuting authority that appeared before the 10
court when the intensive drug rehabilitation order was made. 11
sentence to be decided on completion or termination of 12
Final
rehabilitation program 13
36.(1) This section applies when an offender's rehabilitation program 14
ends-- 15
(a) if the offence for which the offender's intensive drug 16
rehabilitation order was made was a prescribed drug 17
offence--because the offender has successfully completed the 18
rehabilitation program under the order; or 19
(b) if the offence for which the offender's intensive drug 20
rehabilitation order was made was not a prescribed drug 21
offence--for any reason. 22
(2) The magistrate must reconsider the offender's initial sentence, vacate 23
the intensive drug rehabilitation order and impose a final sentence. 24
(3) When reconsidering the initial sentence, the magistrate must consider 25
the extent to which the offender participated in his or her rehabilitation 26
program, including, for example, whether any rewards or sanctions were 27
given to or imposed on the offender. 28
(4) The final sentence may be-- 29
s 37 25 s 37
Drug Rehabilitation (Court Diversion)
(a) for a prescribed drug offence--any sentence that a magistrate 1
could impose for an offence against the Drugs Misuse Act 1986 2
on proceedings taken summarily under section 1313 of that Act; 3
or 4
(b) for any other relevant offence--any sentence that the magistrate 5
could have imposed for the offence. 6
(5) The magistrate must revoke the conviction recorded for the offence-- 7
(a) if the Penalties and Sentences Act 1992, section 16 or 2214 8
applies; or 9
(b) otherwise, if the magistrate has a discretion not to record a 10
conviction and decides not to record a conviction. 11
(6) If the magistrate sentences the offender to serve a term of 12
imprisonment with or without suspending the sentence, the term of 13
imprisonment must not be greater than the term imposed in the initial 14
sentence. 15
Division 6--General 16
from prosecution 17
Immunity
37.(1) A person is not liable to be prosecuted for an offence as a result of 18
an admission made by the person-- 19
(a) for the purposes of deciding whether the person-- 20
(i) is, or appears to be, an eligible person; or 21
(ii) is suitable for rehabilitation; or 22
(b) to someone responsible for the person's supervision or treatment 23
under this Act. 24
13 Drugs Misuse Act 1986, section 13 Certain offences may be dealt with
summarily)
14 Penalties and Sentences Act 1992, section 16 (Court may make order under this
division if it does not record conviction) or 22 ((Court may make order under this
division if it does not record conviction)
s 38 26 s 39
Drug Rehabilitation (Court Diversion)
(2) The admission, and any evidence obtained as a result of the 1
admission, is not admissible against the person in proceedings for an 2
offence. 3
(3) However, this section does not apply to-- 4
(a) a disqualifying offence; or 5
(b) an indictable offence, other than an indictable offence mentioned 6
in the Criminal Code, section 552B;15 or 7
(c) an offence committed in connection with an offence mentioned in 8
paragraph (a) or (b). 9
drug testing 10
Random
38. If a rehabilitation program under an intensive drug rehabilitation order 11
includes a requirement that the offender must report for drug testing and 12
states the frequency for the testing, an authorised corrective services 13
officer-- 14
(a) may decide when and where the offender is to report; and 15
(b) may require the offender to report for further random testing as 16
directed by the officer. 17
compliance or failure to comply with rehabilitation 18
Disclosing
program 19
39.(1) A prescribed person must promptly give the corrective services' 20
chief executive, or a pilot program magistrate, any information the 21
prescribed person has about the offender's compliance with, or failure to 22
comply with-- 23
(a) the requirements of the offender's intensive drug rehabilitation 24
order; or 25
(b) the offender's rehabilitation program. 26
(2) The prescribed person is not liable, civilly or under an administrative 27
process, if the information is given in good faith. 28
15 Criminal Code, section 552B (Charges of indictable offences that may be dealt
with summarily)
s 40 27 s 40
Drug Rehabilitation (Court Diversion)
(3) Without limiting subsection (2)-- 1
(a) in a civil proceeding for defamation, the prescribed person has a 2
defence of absolute privilege for publishing the information; and 3
(b) if the prescribed person would otherwise be required to maintain 4
confidentiality about the information under an Act, oath, rule of 5
law or practice-- 6
(i) the prescribed person does not contravene the Act, oath, rule 7
of law or practice by disclosing the information; and 8
(ii) is not liable to disciplinary action for disclosing the 9
information. 10
(4) Subsection (1) applies despite any Act, oath, rule of law or practice 11
that prohibits or restricts the disclosure of information. 12
(5) In this section-- 13
"information" includes a document. 14
"prescribed person" means a person involved in the administration of, or 15
who provides services in connection with, an offender's rehabilitation 16
program who is prescribed under a regulation. 17
warrants 18
Arrest
40.(1) A pilot program magistrate may issue a warrant for the offender's 19
arrest if the magistrate-- 20
(a) reasonably suspects an offender has failed to comply with his or 21
her rehabilitation program; or 22
(b) terminates the offender's rehabilitation program. 23
(2) The warrant authorises any police officer to arrest the offender and to 24
bring the offender before a pilot program magistrate. 25
(3) The Bail Act 1980 does not apply to an offender who is arrested on 26
the authority of a warrant under this section. 27
(4) The clerk of the court of a pilot program court may perform the 28
magistrate's functions under subsection (1). 29
s 41 28 s 43
Drug Rehabilitation (Court Diversion)
of commitment 1
Warrants
41.(1) A pilot program magistrate may issue a warrant of commitment 2
for the purposes of section 21 or 32(1)(g).16 3
(2) The clerk of the court of a pilot program court may perform the 4
magistrate's functions under subsection (1). 5
no appeal 6
When
42.(1) An appeal does not lie against-- 7
(a) an initial sentence; or 8
(b) a decision to do or not to do any of the following-- 9
(i) remand a person to appear before a pilot program magistrate; 10
(ii) make an intensive drug rehabilitation order for a person; 11
(iii) amend an intensive drug rehabilitation order or terminate a 12
rehabilitation program for an offender; 13
(iv) give a reward to or impose a sanction on an offender. 14
(2) Subsection (1) applies despite the Justices Act 1886, section 222 and 15
the Criminal Code, chapter 67.17 16
ART 6--GENERAL 17
P
power 18
Regulation-making
43. The Governor in Council may make regulations under this Act. 19
16 Section 21 (Delaying suspension of sentence) or 32 (Sanctions)
17 Justices Act 1886, section 222 (Appeal to a single judge) and Criminal Code,
chapter 67 (Appeal--Pardon)
s 44 29 s 47
Drug Rehabilitation (Court Diversion)
forms 1
Approved
44. The chief executive may approve forms for this Act. 2
of Act by Minister 3
Review
45.(1) The Minister must ensure this Act's operation is reviewed-- 4
(a) to decide whether the objects of the Act remain valid; and 5
(b) to evaluate the effectiveness of the provisions of this Act for 6
achieving the objects. 7
(2) The review must start as soon as practicable after this Act 8
commences. 9
(3) A final report outlining the review must be prepared before the expiry 10
of this Act. 11
(4) The Minister must table a copy of the final report in the Legislative 12
Assembly within 14 days after receiving it. 13
on Act's operation by pilot program magistrate 14
Report
46.(1) A pilot program magistrate must prepare a report on the Act's 15
operation. 16
(2) The report may deal with any aspect of this Act's operation that the 17
magistrate considers appropriate. 18
(3) A final report outlining the review must be prepared before the expiry 19
of this Act. 20
(4) The magistrate must give a copy of the final report to the Minister. 21
(5) The Minister must table a copy of the final report in the Legislative 22
Assembly within 14 days after receiving it. 23
of Act 24
Expiry
47. This Act expires 30 months after it commences. 25
26
30
Drug Rehabilitation (Court Diversion)
SCHEDULE 1
¡
DICTIONARY 2
section 5 3
4
"approved form" see section 44. 5
"authorised corrective services officer" see Penalties and Sentences Act 6
1992, section 4A. 7
"community correctional officer" see Corrective Services 8
(Administration) Act 1988, section 7(1). 9
"community service" means any activity declared by the corrective 10
services' chief executive to be community service for the Corrective 11
Services Act 1988. 12
"corrective services' chief executive" means the chief executive of the 13
department within which the Corrective Services Act 1988 is 14
administered. 15
"disqualifying offence" see section 7. 16
"drug" means-- 17
(a) a dangerous drug within the meaning given by the Drugs Misuse 18
Act 1986; or 19
(b) another drug prescribed under a regulation. 20
"eligible person" see section 6. 21
"initial sentence" see section 20(a)(i). 22
"intensive drug rehabilitation order" see section 19. 23
"offender" see section 20. 24
31
Drug Rehabilitation (Court Diversion)
SCHEDULE (continued)
"period of imprisonment" means the unbroken duration of imprisonment 1
that an offender is to serve for 2 or more terms of imprisonment, 2
whether-- 3
(a) ordered to be served concurrently or cumulatively; or 4
(b) imposed at the same time or different times; 5
and includes a term of imprisonment. 6
"pilot program court" means a Magistrates Court declared to be a pilot 7
program court under section 9. 8
"pilot program magistrate" means a magistrate to whom functions are 9
allocated under section 10(1). 10
"prescribed drug offence" means an offence under the Drugs Misuse Act 11
1986-- 12
(a) for which the maximum penalty is 20 years imprisonment; and 13
(b) that is prescribed under a regulation. 14
"prison" means a prison within the meaning of the Corrective Services Act 15
1988. 16
"rehabilitation program" means a rehabilitation program under an 17
intensive drug rehabilitation order. 18
"relevant offence" see section 8. 19
"term of imprisonment" means the duration of imprisonment imposed for 20
a single offence. 21
22
© State of Queensland 1999
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