SENTENCING ACT 1991 - SECT 48D Treatment and rehabilitation condition

SENTENCING ACT 1991 - SECT 48D

    (1)     A court which is making a community correction order may attach a condition to the order that requires the offender to undergo treatment and rehabilitation specified by the court and directed by the Secretary unless otherwise directed by the court.

    (2)     When attaching a treatment and rehabilitation condition the court must—

        (a)     have regard to the need to address the underlying causes of the offending;

        (b)     have regard to the recommendations, information and matters identified in the pre‑sentence report in relation to the treatment and rehabilitation of the offender.

    (3)     The treatment and rehabilitation that must be specified by the court in a treatment and rehabilitation condition must be any one or more of the following—

        (a)     any assessment and treatment (including testing) for drug abuse or dependency;

        (b)     any assessment and treatment (including testing) for alcohol abuse or dependency;

        (c)     any assessment and treatment (including testing) at a residential facility for—

              (i)     withdrawal from or rehabilitation for alcohol abuse or dependency; or

              (ii)     withdrawal from or rehabilitation for drug abuse or dependency;

        (d)     any medical assessment and treatment that may include general or specialist medical treatment or treatment in a hospital or residential facility;

        (e)     any mental health assessment and treatment that may include psychological, neuropsychological, psychiatric or treatment in a hospital or residential facility;

        (f)     any program that addresses factors related to his or her offending behaviour;

        (g)     any other treatment and rehabilitation that the court considers necessary and that is specified in the order that may include employment, educational, cultural and personal development programs that are consistent with the purpose of the treatment and rehabilitation condition.

    (4)     For the purposes of subsection (1) the Secretary may give a direction to the offender—

        (a)     to undergo the treatment and rehabilitation or kind of treatment and rehabilitation specified by the Secretary in the direction; and

        (b)     in relation to any aspect of the treatment and rehabilitation that the Secretary has specified, a direction—

              (i)     requiring the attendance of the offender at a specified location; and

              (ii)     requiring the participation of the offender in particular kinds of treatment or rehabilitation.

S. 48E inserted by No. 65/2011 s. 21.