• Specific Year
    Any

SENTENCING ACT 1997 - SECT 27J Variation of drug treatment order on assessment of progress

SENTENCING ACT 1997 - SECT 27J

Variation of drug treatment order on assessment of progress

(1)  A court constituted by a magistrate may from time to time vary the treatment and supervision part of a drug treatment order (including such an order made by a court not constituted by a magistrate) if it considers it appropriate to do so based on its assessment of the offender's progress.
(2)  The court may act under subsection (1) on its own motion or on the application of –
(a) the offender or the offender's legal representative; or
(b) a police officer or prosecutor; or
(c) a court diversion officer.
(3)  When acting under subsection (1) , the court must ensure that the offender is present.
(4)  Under subsection (1) , the court may do any one or more of the following:
(a) add or remove program conditions;
(b) vary core or program conditions, other than the core condition attached under section 27G(1)(a) , for example to adjust –
(i) the frequency of treatment; or
(ii) the degree of supervision; or
(iii) the frequency of drug testing; or
(iv) the type or frequency of vocational, educational, employment or other programs that the offender must attend;
(c) add, if applicable, core conditions of the kind referred to in section 27G(2) .