Australian Capital Territory Numbered Acts

SENTENCING (DRUG AND ALCOHOL TREATMENT ORDERS) LEGISLATION AMENDMENT ACT 2019 (NO. 31 OF 2019) - SECT 18

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Part 4.2B     Drug and alcohol treatment assessments

46H     Meaning of assessor —pt 4.2B

In this part:

"assessor" means—

        (a)     a public servant whose functions include preparing drug and alcohol treatment assessments; or

        (b)     a person with similar functions under the law of a State.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

46I     Application—pt 4.2B

    (1)     This part applies if—

        (a)     either of the following applies to a person who is an adult (the offender ):

              (i)     the offender pleads guilty to an offence;

              (ii)     the offender indicates to the court an intention to plead guilty to an offence; and

        (b)     the offence is an eligible offence.

    (2)     In this section:

"eligible offence"—see section 12A (9).

46J     Drug and alcohol treatment assessments—order

    (1)     This section applies if the court is considering whether to make a drug and alcohol treatment order for an offender.

    (2)     The court may—

        (a)     order an assessment of the offender (a drug and alcohol treatment assessment ); and

        (b)     adjourn the proceeding for the assessment to be prepared; and

        (c)     order the responsible director-general to provide a copy of the assessment to the court or any other person.

    (3)     However, the court must order the responsible director-general to prepare the drug and alcohol treatment assessment before making a drug and alcohol treatment order.

    (4)     The responsible director-general must arrange for an assessor to prepare a drug and alcohol treatment assessment ordered by the court.

    (5)     The drug and alcohol treatment assessment must address the matters mentioned in section 46K.

    (6)     In this section:

"responsible director-general" means 1 or both of the following:

        (a)     the health director-general;

        (b)     the director-general responsible for this Act.

46K     Drug and alcohol treatment assessments—drug and alcohol treatment assessment matters

For section 46J (5), the matters for assessing the offender's suitability to comply with a drug and alcohol treatment order are the matters mentioned in table 46K, column 2.

Table 46K     Assessment of suitability—drug and alcohol treatment order

column 1 item	column 2 matter	column 3 indication of unsuitability
1	degree of dependence on alcohol or a controlled drug	major problem with alcohol or a controlled drug unlikely to change under drug and alcohol treatment order
2	psychiatric or psychological condition	major psychiatric or psychological disorder likely to prevent compliance with a drug and alcohol treatment order
3	medical condition	medical condition likely to prevent compliance with a drug and alcohol treatment order
4	criminal record and response to previous court orders	serious criminal record or substantial noncompliance with previous court orders
5	employment and personal circumstances	potential impracticability of compliance with a drug and alcohol treatment order
6	participation and degree of compliance with drug and alcohol treatment assessment	substantial noncompliance with assessment
7	living circumstances of the offender	inability or refusal to live in ACT member of offender's household does not consent to living with the offender while the offender is subject to a drug and alcohol treatment order

46L     Drug and alcohol treatment assessments—powers of assessors

    (1)     In preparing the drug and alcohol treatment assessment for the offender, the assessor may—

        (a)     investigate any matter the assessor considers appropriate; and

        (b)     ask any of the following to provide information for the purpose of the assessment:

              (i)     an administrative unit;

              (ii)     a territory authority;

              (iii)     a statutory office-holder;

              (iv)     for an assessment for an offender to be sentenced for a family violence offence—an approved crisis support organisation under the Domestic Violence Agencies Act 1986

;

              (v)     a victim of the offence;

              (vi)     any other entity.

    (2)     If an entity mentioned in subsection (1) (b) (i), (ii) or (iii) is asked to provide information, the entity must comply with the request as soon as practicable.

    (3)     If an entity gives information honestly and with reasonable care in response to a request under subsection (1), the giving of the information is not—

        (a)     a breach of confidence, professional etiquette, ethics or a rule of professional misconduct; or

        (b)     a ground for a civil proceeding for defamation, malicious prosecution or conspiracy.

    (4)     This section does not limit any other power of the assessor to obtain information for the purpose of the drug and alcohol treatment assessment.

    (5)     A regulation may make provision in relation to the preparation and provision of drug and alcohol treatment assessments.

    (6)     In this section:

"information "includes a document.

46M     Drug and alcohol treatment assessments—provision to court

The drug and alcohol treatment assessment may be given to the court either orally or in writing.

46N     Drug and alcohol treatment assessments—cross-examination

    (1)     The prosecutor and the defence may cross-examine the assessor who prepared the drug and alcohol treatment assessment given to the court.

    (2)     In this section:

"defence" means—

        (a)     any lawyer representing an offender; or

        (b)     if the offender is not legally represented—the offender.