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SENTENCING ACT 1997 - SECT 27G Core conditions of drug treatment order

SENTENCING ACT 1997 - SECT 27G

Core conditions of drug treatment order

(1)  A court that is making a drug treatment order must attach the following conditions to the treatment and supervision part of the order:
(a) the offender must not, in Tasmania or elsewhere, commit another imprisonable offence;
(b) the offender must attend a court whenever the court directs;
(c) the offender must report to a court diversion officer at a specified place within 2 clear working days after the order is made;
(d) the offender must undergo such treatment for the offender's illicit drug use problem as is specified in the order or from time to time specified by a court;
(e) the offender must report to, and accept visits from –
(i) the offender's case manager; or
(ii) court diversion officers;
(f) the offender must, unless there are special circumstances, give the offender's case manager at least 2 clear working days' notice before any change of address;
(g) the offender must not leave Tasmania except with the permission, granted either generally or in a particular case, of a court;
(h) the offender must comply with all lawful directions of a court;
(i) the offender must comply with all reasonable directions of the offender's case manager and court diversion officers concerning the core conditions and program conditions of the order.
(2)  Also, if the offence in respect of which the drug treatment order is made is a family violence offence, the court must attach the following additional conditions to the order:
(a) the offender must not commit another family violence offence;
(b) the offender must comply with any family violence order, interim family violence order or police family violence order;
(ba) the offender must comply with any recognised DVO, within the meaning of the Domestic Violence Orders (National Recognition) Act 2016 in force under that Act;
(c) the offender must attend and undergo assessment for, and treatment under, rehabilitation programs as directed by court diversion officers;
(d) the offender, if directed to undergo any rehabilitation programs, must attend and satisfactorily complete those programs and comply with the reasonable directions of the persons employed or engaged to conduct them.
(3)  Conditions attached to the drug treatment order under subsection (1) or (2) are the core conditions of the order.
(4)  While the treatment and supervision part of the drug treatment order is operating, the offender must comply with its core conditions.
(5)  A court may issue a warrant for the arrest of the offender if, on any occasion, he or she fails to comply with the condition referred to in subsection (1)(b) .
(6)  A court or a justice may remand in custody an offender arrested under a warrant issued under subsection (5) to appear before a court as soon as practicable.