Australian Capital Territory Numbered Acts

SENTENCING (DRUG AND ALCOHOL TREATMENT ORDERS) LEGISLATION AMENDMENT ACT 2019 (NO. 31 OF 2019) - SECT 26

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Part 2AA     Drug and alcohol treatment order jurisdiction

37SA     Definitions—pt 2AA

In this part:

"drug and alcohol treatment order"—see the Crimes (Sentencing) Act 2005

, section 12A.

"member"—

        (a)     in relation to the treatment and supervision team—see the Crimes (Sentencing) Act 2005

, section 80M; and

        (b)     in relation to the treatment order team—see the Crimes (Sentencing) Act 2005

, section 80M.

"treatment and supervision team"—see the Crimes (Sentencing) Act 2005

, section 80M.

"treatment order judge" means a judge exercising the jurisdiction of the court under this part.

"treatment order team"—see the Crimes (Sentencing) Act 2005

, section 80M.

37SB     Drug and alcohol treatment order jurisdiction

    (1)     The court has jurisdiction under this part to hear and decide all matters relating to a drug and alcohol treatment order in relation to an offender.

    (2)     Without limiting subsection (1), a matter relating to an offender's drug and alcohol treatment order includes the following:

        (a)     the making of the order;

        (b)     the conditions of the order;

        (c)     an amendment of the order;

        (d)     the offender's compliance with the order;

        (e)     the cancellation or suspension of the order;

        (f)     any matter reasonably necessary for the proper administration, operation of, or compliance with, the order.

37SC     Court not bound by rules of evidence

When exercising its jurisdiction under this part, the court is not bound by the rules of evidence and may inform itself of anything in a manner it thinks appropriate.

37SD     Treatment order judge may convene case conference

    (1)     The treatment order judge may, from time to time, convene a case conference with the treatment order team or the treatment and supervision team in relation to any matter relating to a drug and alcohol treatment order, including the following:

        (a)     the making, amending or cancelling the order;

        (b)     giving directions that are reasonably necessary to achieve the object of the order;

        (c)     consulting with other members of the treatment and supervision team or members of the treatment order team;

        (d)     monitoring the progress of the offender subject to the order;

        (e)     managing the work of the court in relation to drug and alcohol treatment orders.

    (2)     It is not a requirement of a case conference under this section that the offender or the offender's lawyer be present unless the court directs otherwise.