Drug Court Regulation 2005

1 Name of Regulation

This Regulation is the Drug Court Regulation 2005.

2 Commencement

This Regulation commences on 1 September 2005.

Note—

This Regulation replaces the Drug Court Regulation 1999, which is repealed on 1 September 2005 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

(1)  In this Regulation:

facsimile means facsimile transmission, the internet or any other means of electronic transmission of information in a form from which written material is capable of being reproduced with or without the aid of any other device or article.

the Act means the Drug Court Act 1998.

(2)  Notes included in the text of this Regulation do not form part of this Regulation.

4 Eligible persons: section 5

For the purposes of section 5 (1) (e) of the Act, the following criteria are prescribed as criteria that a person must satisfy in order to be an eligible person within the meaning of the Act:

(a)  the person’s usual place of residence must be within one of the following local government areas, namely, Auburn, Bankstown, Baulkham Hills, Blacktown, Campbelltown, Fairfield, Hawkesbury, Holroyd, Liverpool, Parramatta or Penrith,

(b)  the person must not be suffering from any mental condition that could prevent or restrict the person’s active participation in a program under the Act,

(c)  the person must be of or above the age of 18 years,

(d)  criminal proceedings against the person for the offence with which the person is charged must not be criminal proceedings that are within the Children’s Court’s jurisdiction to hear and determine.

4A Eligible convicted offenders: section 5A

For the purposes of section 5A (1) (f) of the Act, the following criteria are prescribed as criteria that a person must satisfy in order to be an eligible convicted offender within the meaning of the Act:

(a)  the person’s usual place of residence must be within one of the following local government areas:

Ashfield, Auburn, Bankstown City, Baulkham Hills, Blacktown City, Botany Bay City, Burwood, Camden, Campbelltown City, Canada Bay, Canterbury City, Fairfield City, Hawkesbury City, Holroyd City, Hornsby, Hunter’s Hill, Hurstville City, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool City, Manly, Marrickville, Mosman, North Sydney, Parramatta City, Penrith City, Pittwater, Randwick City, Rockdale City, Ryde City, Strathfield, Sutherland Shire, City of Sydney, Warringah, Waverley, Willoughby City and Woollahra,

(b)  the person must be of or above the age of 18 years,

(c)  the criminal proceedings against the person for the offence for which the person was convicted must not be criminal proceedings within the Children’s Court’s jurisdiction to hear or determine,

(d)  the person must be male.

cl 4A: Ins 2006 (360), Sch 1 [1].

5 Referring courts: sections 6 and 7

The following courts and proceedings are prescribed for the purposes of sections 6 (1) and 7 (1) of the Act:

(a)  the District Court, in respect of all criminal proceedings brought before it in its sittings at Campbelltown, Liverpool, Parramatta or Penrith,

(b)  the Local Courts at Bankstown, Blacktown, Burwood, Campbelltown, Fairfield, Hornsby, Liverpool, Mount Druitt, Parramatta, Penrith, Richmond, Ryde and Windsor, in respect of all criminal proceedings brought before them.

cl 5: Am 2006 (314), cl 2. Subst 2008 (229), cl 3.

6 Guidelines for facilities for the supervision and control of persons participating in Drug Court programs: sections 7 and 8AB

(1)  For the purposes of sections 7 (2) (c) and 8AB (2) (d) of the Act, the following guidelines are to be observed in determining the availability and allocation of facilities for the supervision and control of a referred person’s participation in a program under the Act:

(a)  facilities are taken to be available in relation to a referred person:

(i)  if the person or body providing those facilities is willing to accept the referred person, and

(ii)  if it is reasonably likely that those facilities will be available to the referred person when they are needed, and

(iii)  if the registrar has received advice as to the treatment proposed to be provided to the referred person by means of those facilities,

(b)  facilities are to be allocated to referred persons in accordance with policies determined from time to time by the Drug Court.

(2)  In subclause (1), referred person means a person who has been referred to the Drug Court under section 6 of the Act.

7 Application of Criminal Procedure Act 1986 : section 18

(1)  The provisions of section 265 (1) and (2) of the Criminal Procedure Act 1986 are modified so as to provide that, in proceedings before the Drug Court under section 7, 8AB or 8AC of the Act, the obligations of the Drug Court and the prosecutor under those provisions are suspended in relation to a person charged if the person charged consents to their suspension.

(2)  The suspension of those obligations ceases to have effect:

(a)  on the person withdrawing consent under subclause (1), or

(b)  on the person consenting to being dealt with by the Drug Court under section 8 of the Act, or

(c)  on the Drug Court referring the person back to the referring court under section 8 of the Act, or

(d)  on the person being dealt with by the Drug Court under section 8AD of the Act.

7A Referring courts: section 18B

The following courts and proceedings are prescribed for the purposes of section 18B (1) of the Act:

(a)  the District Court, in respect of all criminal proceedings brought before it in its sittings at Campbelltown, Liverpool, Parramatta, Penrith or Sydney,

(b)  the Local Court, in respect of all criminal proceedings brought before it in its sittings at Balmain, Bankstown, Blacktown, Burwood, Camden, Campbelltown, Central, the Downing Centre, Fairfield, Hornsby, Kogarah, Liverpool, Manly, Mt Druitt, Newtown, North Sydney, Parramatta, Penrith, Richmond, Ryde, St James, Sutherland, Waverley and Windsor,

(c)  the Drug Court in relation to sentences imposed or determined under sections 8 (2A) and 12 (3) of the Act,

(d)  the Court of Criminal Appeal but only in relation to appeals from the courts, and regarding the proceedings, referred to in paragraphs (a)–(c).

cl 7A: Ins 2006 (360), Sch 1 [2]. Am 2007 No 94, Sch 1.35 [2].

8 Provision of information to Drug Court: section 31

(1)  For the purposes of section 31 (1) of the Act, the following persons are prescribed, but only if they are involved in the administration of, or provide services in connection with, a drug offender’s program:

(a)  persons acting for or on behalf of the Sydney South West or Sydney West Area Health Services,

(b)  persons acting for or on behalf of the toxicology unit of Pacific Laboratory Medicine Services (an administrative unit of the Northern Sydney Area Health Service),

(c)  persons acting for or on behalf of Access Correctional Services (an administrative unit of the Department of Education and Training),

(d)  persons acting for or on behalf of an organisation providing treatment to a drug offender in connection with the drug offender’s program.

(2)  An organisation is referred to in subclause (1) by the name under which it is incorporated (in the case of a body corporate), the name under which it is constituted (in the case of an unincorporated body) or the name under which it trades (in either case).

(3)  For the purposes of section 31 (2) of the Act:

(a)  information may be provided to the registrar:

(i)  personally, or

(ii)  by letter sent by post to the registrar or delivered to the offices of the registrar, or

(iii)  by letter sent to the registrar by means of document exchange facilities, or

(iv)  by message sent by facsimile or other electronic transmission, and

(b)  information provided to the registrar otherwise than in writing must be confirmed in writing within 24 hours unless the registrar indicates otherwise.

9 Forms

(1)  Any form that may be used in respect of criminal proceedings before the District Court may also be used in respect of criminal proceedings before the Drug Court in its exercise of the criminal jurisdiction of the District Court.

(2)  Any form that may be used in respect of criminal proceedings before the Local Court may also be used in respect of criminal proceedings before the Drug Court in its exercise of the criminal jurisdiction of the Local Court

cll 9: Am 2007 No 94, Sch 2.

10 Fees

(1)  Any fee that may be charged in respect of criminal proceedings before the District Court may also be charged in respect of criminal proceedings before the Drug Court in its exercise of the criminal jurisdiction of the District Court.

(2)  Any fee that may be charged in respect of criminal proceedings before the Local Court may also be charged in respect of criminal proceedings before the Drug Court in its exercise of the criminal jurisdiction of the Local Court.

(3)  The Drug Court may postpone, waive or remit any fee that may be charged under the Act, either unconditionally or subject to conditions.

(4)  The Drug Court’s function under subclause (3) may be exercised by the registrar.

cll 10: Am 2007 No 94, Sch 2.

11 Referrals to Drug Court

A referral under section 6, 8AA or 18B of the Act to the Drug Court by another court may be made by notifying the registrar by telephone or in writing or by facsimile of the other court’s decision to so refer the matter.

cl 11: Am 2006 (360), Sch 1 [3].

12 Referral back by Drug Court

(1)  An order under section 8 of the Act referring a matter back to the referring court may be made by a Judge of the Drug Court in the absence of the public and without any attendance by or on behalf of any person.

(2)  The registrar may, by telephone or facsimile, notify a court of an order by the Drug Court to refer a person back to the referring court.

13 Savings

Any act, matter or thing that, immediately before the repeal of the Drug Court Regulation 1999, had effect under that Regulation continues to have effect under this Regulation.

14 Transitional provision

For the purposes of clause 4 (2) (d) of Schedule 2 to the Act, the following local government areas are prescribed:

Ashfield, Auburn, Bankstown City, Baulkham Hills, Blacktown City, Botany Bay City, Burwood, Camden, Campbelltown City, Canada Bay, Canterbury City, Fairfield City, Hawkesbury City, Holroyd City, Hornsby, Hunter’s Hill, Hurstville City, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool City, Manly, Marrickville, Mosman, North Sydney, Parramatta City, Penrith City, Pittwater, Randwick City, Rockdale City, Ryde City, Strathfield, Sutherland Shire, City of Sydney, Warringah, Waverley, Willoughby City and Woollahra.

cl 14: Ins 2006 (360), Sch 1 [4].