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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Drug Court Legislation Amendment Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to amend the Drug Court Act 1998 and the Crimes (Administration of Sentences) Act 1999
to give effect to certain recommendations made by the Minister for Justice in the review
entitled Review of the Compulsory Drug Treatment Program and the Compulsory Drug
Treatment Correctional Centre pursuant to the Crimes (Administration of Sentences) Act
1999 (May 2013) (the Review), and
(b) to make a related amendment to the Crimes (Administration of Sentences) Regulation 2008.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Drug Court Act 1998 No 150
Schedule 1 [1] provides that an eligible convicted offender must be a person who has been
sentenced to a term of imprisonment for the relevant offence to be served by way of full-time
detention where, at the time the sentence was imposed:
(a) the unexpired non-parole period of the sentence was a period of at least 18 months, and
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Drug Court Legislation Amendment Bill 2014 [NSW]
Explanatory note
(b) the unexpired total sentence was a period of not more than 6 years.
Currently, the unexpired non-parole period must be at least 18 months at the time the sentence was
imposed and no more than 3 years at the time the Drug Court determines whether to make a
compulsory drug treatment order (see recommendation 4 of the Review).
Schedule 1 [2] removes the requirement that an eligible convicted offender must be a person who
has been convicted of at least 2 offences resulting in a sentence of imprisonment, community
service order or good behaviour bond within the 5-year period immediately before the offender's
current conviction (see recommendation 5 of the Review).
Schedule 1 [3] provides that an eligible convicted offender includes a person whose parole order
has been revoked if the person can be referred to the Drug Court by the State Parole Authority
under the provision to be inserted by Schedule 1 [5] (see recommendation 9 of the Review).
Schedule 1 [4] provides that a person may not be an eligible convicted offender if the offence for
which the person has been convicted involved the use of a firearm, or if the person has been
convicted at any time of any offence involving the violent use of a firearm. Currently, a person
may not be an eligible convicted offender if the person has been convicted at any time of any
offence involving the use of a firearm (see recommendation 10 of the Review).
Schedule 1 [5] requires the State Parole Authority to refer a person, whose parole has been
revoked in respect of a sentence that has previously been the subject of a compulsory drug
treatment order which has expired, to the Drug Court to determine whether the person should be
the subject of a compulsory drug treatment order (see recommendation 9 of the Review).
Schedule 1 [6] provides that for an eligible convicted offender referred to the Drug Court by the
State Parole Authority whose parole order has been revoked, the Drug Court may make a new
compulsory drug treatment order having regard to the circumstances of the revocation (see
recommendation 9 of the Review).
Schedule 1 [7] provides that when assessing an offender's suitability to serve a sentence by way
of compulsory drug treatment detention, the multi-disciplinary team must have regard to the
offender's history of committing offences involving weapons (see recommendation 10 of the
Review).
Schedule 1 [8] provides that when assessing an offender's suitability to serve a sentence by way
of compulsory drug treatment detention, the multi-disciplinary team must have regard to the
offender's history of committing offences that are related to the offender's long-term drug
dependency and associated lifestyle (see recommendation 5 of the Review).
Schedule 1 [9] extends the effect of a compulsory drug treatment order to include the suspension
of any entitlement of an eligible convicted offender to be considered for parole (see
recommendation 3 of the Review).
Schedule 1 [10] provides that the functions conferred or imposed on the registrar of the Drug
Court by the regulations or the rules of court that the registrar may exercise are not restricted to
administrative functions (see recommendation 6 of the Review).
Schedule 1 [11] enables savings and transitional regulations to be made as a consequence of
amendments to the Act. Schedule 1 [12] contains specific savings and transitional provisions.
Schedule 2 Amendment of other legislation
Schedule 2.1 Crimes (Administration of Sentences) Act 1999 No 93
Schedule 2.1 [2] provides that if the Director of the Compulsory Drug Treatment Correctional
Centre (the Director) is satisfied that an offender has failed to comply in a serious respect with
any condition of the offender's compulsory drug treatment personal plan, the Director may direct
that an offender regress from one stage of compulsory drug treatment detention to a lower stage
for a specified period not exceeding 3 months. It also provides that the Director must notify the
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Drug Court Legislation Amendment Bill 2014 [NSW]
Explanatory note
Drug Court of any such direction within 7 days of issuing the direction and that the offender may
apply to the Drug Court for a review of the direction within 14 days of the direction (see
recommendation 2 of the Review). Schedule 2.1 [1] makes a consequential amendment.
Schedule 2.1 [3] provides that a compulsory drug treatment order may be revoked if, in the
opinion of the Drug Court (having regard to advice provided by the Director and the offender's
progress in the compulsory drug treatment program), the offender is unlikely to make any further
progress in the offender's compulsory drug treatment program (see recommendation 1 of the
Review).
Schedule 2.1 [5] provides that a court that sentences an offender to a term of imprisonment (a new
sentence) that is being served concurrently or partly concurrently with a sentence in relation to
which a compulsory drug treatment order is made must refer the offender to the Drug Court in
order to determine whether the order should be varied or revoked, regardless of when the new
sentence was imposed (see recommendation 7 of the Review). Schedule 2.1 [4] makes a
consequential amendment.
Schedule 2.1 [6] provides that the State Parole Authority may consider an offender's case less
than 60 days before the offender's parole eligibility date where the Drug Court has revoked the
offender's compulsory drug treatment order (see recommendation 3 of the Review).
Schedule 2.2 Crimes (Administration of Sentences) Regulation 2008
Schedule 2.2 enables the State Parole Authority to consider an offender's case at any time after
the offender's parole eligibility date without the need for an application where the Drug Court has
revoked the offender's compulsory drug treatment order (see recommendation 3 of the Review).
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First print
New South Wales
Drug Court Legislation Amendment Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Drug Court Act 1998 No 150 3
Schedule 2 Amendment of other legislation 6
b2013-104-04.d19
New South Wales
Drug Court Legislation Amendment Bill 2014
No , 2014
A Bill for
An Act to amend the Drug Court Act 1998 and the Crimes (Administration of Sentences) Act 1999
to implement recommendations arising from a review of legislation governing the compulsory
drug treatment program; and for other purposes.
Drug Court Legislation Amendment Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Drug Court Legislation Amendment Act 2014. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
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Drug Court Legislation Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Drug Court Act 1998 No 150
Schedule 1 Amendment of Drug Court Act 1998 No 150 1
[1] Section 5A Definition of "eligible convicted offender" 2
Omit section 5A (1) (b). Insert instead: 3
(b) except as provided for by subsection (1A), the person has been 4
sentenced to a term of imprisonment for the offence to be served by way 5
of full-time detention and at the time that the sentence was imposed: 6
(i) the unexpired non-parole period of the sentence was a period of 7
at least 18 months, and 8
(ii) the unexpired total sentence was a period of not more than 9
6 years, and 10
[2] Section 5A (1) (c) 11
Omit the paragraph. 12
[3] Section 5A (1A) 13
Insert after section 5A (1): 14
(1A) Subsection (1) (b) does not prevent a person whose parole order has been 15
revoked from being an eligible convicted offender if the person is a relevant 16
person within the meaning of section 18BA (State Parole Authority to refer 17
certain offenders whose parole is revoked to Drug Court). 18
[4] Section 5A (2) 19
Omit the subsection. Insert instead: 20
(2) A person is not an eligible convicted offender if: 21
(a) the offence for which the person has been convicted involved the use of 22
a firearm, or 23
(b) the person has been convicted at any time of any of the following: 24
(i) murder, attempted murder or manslaughter, 25
(ii) sexual assault of an adult or child or a sexual offence involving a 26
child, 27
(iii) any offence involving the violent use of a firearm, 28
(iv) an offence under section 23 (2), 24 (2), 25 (2), 26, 27 or 28 of the 29
Drug Misuse and Trafficking Act 1985 involving a commercial 30
quantity or large commercial quantity of a prohibited plant or 31
prohibited drug within the meaning of that Act, 32
(v) any offence prescribed by the regulations for the purposes of this 33
section. 34
[5] Section 18BA 35
Insert after section 18B: 36
18BA State Parole Authority to refer certain offenders whose parole is revoked to 37
Drug Court 38
(1) This section applies in respect of a person (a relevant person) whose parole 39
has been revoked in respect of a sentence that has previously been the subject 40
of a compulsory drug treatment order which has expired under 41
section 106E (b) of the Crimes (Administration of Sentences) Act 1999. 42
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Drug Court Legislation Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Drug Court Act 1998 No 150
(2) It is the duty of the State Parole Authority in respect of a relevant person: 1
(a) to ascertain whether there are grounds on which the Drug Court might 2
find the person to be an eligible convicted offender, and 3
(b) if so, to refer the person to the Drug Court to determine whether the 4
person should be the subject of a compulsory drug treatment order. 5
(3) If the State Parole Authority refers a relevant person to the Drug Court under 6
this section, the Secretary of the Authority must give the registrar of the Drug 7
Court such documents and materials relating to the person prescribed by the 8
regulations as may be requested by that registrar. 9
(4) The duty imposed on the State Parole Authority by this section is to be 10
exercised as soon as practicable after the relevant person's parole is revoked. 11
(5) No appeal lies against the State Parole Authority's decision to refer or not to 12
refer a relevant person to the Drug Court for a determination as to whether the 13
person should be the subject of a compulsory drug treatment order. 14
[6] Section 18C Compulsory drug treatment detention 15
Insert at the end of the section: 16
(2) If an eligible convicted offender whose parole order has been revoked is 17
referred to the Drug Court by the State Parole Authority under section 18BA, 18
the Drug Court may make a new compulsory drug treatment order in respect 19
of the offender. 20
(3) When making an order under subsection (2), the Drug Court must have regard 21
to the circumstances of the revocation of the offender's parole order, including 22
any charge or conviction for an offence committed by the offender while 23
serving any sentence by way of compulsory drug treatment detention or while 24
on release on parole. 25
[7] Section 18E Assessment of eligibility and suitability by the multi-disciplinary team 26
Insert "weapons or" after "offences involving" in section 18E (2) (c1). 27
[8] Section 18E (2) (c2) 28
Insert after section 18E (2) (c1): 29
(c2) the offender's history of committing offences related to the offender's 30
long-term drug dependency and associated lifestyle, 31
[9] Section 18G Effect of compulsory drug treatment order 32
Insert at the end of section 18G (c): 33
, and 34
(d) suspending any entitlement of the eligible convicted offender to be 35
considered for parole under the Crimes (Administration of Sentences) 36
Act 1999. 37
[10] Section 29 Court business 38
Omit "administrative" from section 29 (2) (a). 39
[11] Schedule 2 Savings, transitional and other provisions 40
Insert at the end of clause 1 (1): 41
any other Act that amends this Act 42
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Drug Court Legislation Amendment Bill 2014 [NSW]
Schedule 1 Amendment of Drug Court Act 1998 No 150
[12] Schedule 2, Part 6 1
Insert after Part 5: 2
Part 6 Provisions consequent on enactment of Drug Court 3
Legislation Amendment Act 2014 4
7 Definition 5
In this Part, amending Act means the Drug Court Legislation Amendment Act 6
2014. 7
8 Eligible convicted offenders 8
Section 5A (as in force before the commencement of the amending Act) 9
continues to apply to persons sentenced before its amendment. 10
9 Effect of compulsory drug treatment order 11
The amendment made to section 18G by the amending Act applies only to 12
compulsory drug treatment orders made under this Act after the 13
commencement of the amending Act. 14
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Drug Court Legislation Amendment Bill 2014 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 Crimes (Administration of Sentences) Act 1999 No 93 2
[1] Section 106I Sanctions for non-compliance with personal plan 3
Insert after section 106I (3): 4
(3A) However, the Commissioner is not required to refer an offender to the Drug 5
Court under subsection (3) for a failure to comply with a condition of the 6
offender's compulsory drug treatment personal plan if the Director has made 7
a regression direction under section 106MA with respect to the offender for 8
that failure. 9
[2] Section 106MA 10
Insert after section 106M: 11
106MA Director may make regression directions 12
(1) If the Director is satisfied that an offender has failed to comply in a serious 13
respect with any condition of the offender's compulsory drug treatment 14
personal plan, the Director may direct that the offender regress from one stage 15
of compulsory drug treatment detention to a lower stage for a specified period 16
(not exceeding 3 months). 17
(2) The Director must notify the Drug Court of the direction within 7 days of 18
issuing the direction. 19
(3) The regulations may make provision for or with respect to the criteria to be 20
used by the Director in determining whether to make a direction under this 21
section. 22
(4) The offender may apply to the Drug Court for a review of the direction within 23
14 days after a direction is issued. 24
(5) In reviewing a direction, if the Drug Court is satisfied, on the balance of 25
probabilities, that the offender has failed to comply in a serious respect with 26
any condition of the offender's compulsory drug treatment personal plan, the 27
Drug Court may make an order: 28
(a) confirming the direction, or 29
(b) setting aside the direction, or 30
(c) confirming the direction, but amending its terms. 31
(6) No appeal lies against an order made by the Drug Court under this section. 32
[3] Section 106Q Revocation of compulsory drug treatment order 33
Insert after section 106Q (1) (c): 34
(c1) if, in the opinion of the Drug Court (having regard to advice provided 35
by the Director and the offender's progress in the compulsory drug 36
treatment program), the offender is unlikely to make any further 37
progress in the offender's compulsory drug treatment program, or 38
[4] Section 106W Conviction and sentencing of offenders for certain offences while 39
compulsory drug treatment order is in force 40
Omit "is convicted" from section 106W (1). Instead instead "has been convicted". 41
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Drug Court Legislation Amendment Bill 2014 [NSW]
Schedule 2 Amendment of other legislation
[5] Section 106W (1) 1
Omit "for an offence that occurred before the offender's compulsory drug treatment order 2
was made". 3
Instead instead "that is being served concurrently or partly concurrently with a sentence in 4
relation to which the offender's compulsory drug treatment order was made". 5
[6] Section 137 Consideration of parole when offender first eligible for parole 6
Omit section 137 (2). Insert instead: 7
(2) Despite subsection (1), the Parole Authority: 8
(a) may defer consideration of an offender's case until not less than 21 days 9
before the offender's parole eligibility date if it is of the opinion: 10
(i) that it is unable to complete its consideration because it has not 11
been furnished with a report required to be made to it, or 12
(ii) that there are other relevant matters requiring further 13
consideration, and 14
(b) may consider an offender's case less than 60 days before the offender's 15
parole eligibility date where the Drug Court has revoked the offender's 16
compulsory drug treatment order. 17
2.2 Crimes (Administration of Sentences) Regulation 2008 18
Clause 233 Circumstances constituting manifest injustice 19
Insert after clause 233 (1) (h): 20
(i) where the Drug Court has revoked the offender's compulsory drug 21
treatment order under the Act. 22
Page 7
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