Drug Court Act 1998 (NSW)

Drug Court Act 1998 No 150

An Act to provide for the establishment of the Drug Court of New South Wales, for the referral of drug offenders to the Drug Court, and for the supervision of drug programs by the Drug Court; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Drug Court Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects (1) The objects of this Act are— (a) to reduce the drug dependency of eligible persons and eligible convicted offenders, and (b) to promote the re-integration of such drug dependent persons into the community, and (c) to reduce the need for such drug dependent persons to resort to criminal activity to support their drug dependencies. (2) This Act achieves its objects in relation to eligible persons by establishing a scheme under which drug dependent persons who are charged with criminal offences can be diverted into programs designed to eliminate, or at least reduce, their dependency on drugs. (2A) This Act achieves its objects in relation to eligible convicted offenders by establishing a scheme for compulsory drug treatment and rehabilitation for certain drug dependent persons. (3) Reducing a person's dependency on drugs should reduce the person's need to resort to criminal activity to support that dependency and should also increase the person's ability to function as a law abiding citizen.

4 Definitions (1) In this Act— Compulsory Drug Treatment Correctional Centre has the same meaning as in Part 4A of the Crimes (Administration of Sentences) Act 1999. compulsory drug treatment detention means detention in accordance with Part 4A of the Crimes (Administration of Sentences) Act 1999. compulsory drug treatment order means an order made under section 18C. court includes a Magistrate. Drug Court mean the Drug Court of New South Wales constituted by this Act. drug offender means a person who has been dealt with under section 7A or 7B. eligible convicted offender is defined in section 5A. eligible person is defined in section 5. exercise a function includes perform a duty. function includes a power, authority or duty. initial sentence means any sentence imposed on a person in accordance with section 7A or 7B, and includes any sentence that is added to the initial sentence in accordance with section 7C. Judge means a person appointed to be a Drug Court Judge, as referred to in section 20 (1). member of staff of the Drug Court means any person appointed as an officer of the Drug Court as referred to in section 28 (1) or whose services are used by the Drug Court as referred to in section 28 (2), and includes any other person prescribed by the regulations. program means the program of supervision and control that arises from the conditions accepted by a person and imposed by the Drug Court under section 7A (5) (a) or 7B (7) (a). referring court means the court by which a person has been referred to the Drug Court under section 6 or 7. registrar means the registrar of the Drug Court. Senior Judge means the person appointed to be the Senior Judge of the Drug Court, as referred to in section 21 (1). suspension order means an order under section 7A (5) (b) or 7B (7) (b) by which a person's initial sentence is suspended for the duration of the person's program. (2) In this Act, a reference to the criminal jurisdiction of the Local Court includes a reference to the jurisdiction exercisable by a Magistrate under the Criminal Procedure Act 1986.