New South Wales Consolidated Acts

DRUG COURT ACT 1998

- As at 11 December 2020
- Act 150 of 1998

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects
   4.      Definitions
   5.      Definition of "eligible person"
   5A.     Definition of "eligible convicted offender"

   PART 2 - DRUG COURT PROGRAMS

           Division 1 - Acceptance into program

   6.      Courts may refer persons to Drug Court during proceedings for offence
   7.      Courts may refer persons to Drug Court during proceedings for failure to comply with conditions of good behaviour bond
   7A.     Persons accepted into program in relation to offence
   7B.     Persons accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond
   7C.     Persons allowed to continue in program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond
   7D.     Persons not accepted into program in relation to offence
   7E.     Persons not accepted into program in relation to failure to comply with conditions of community correction order, conditional release order or good behaviour bond
   8.      (Repealed)

           Division 1A - (Repealed)
           None

           Division 2 - Administration of program

   8A.     Statutory conditions of program
   9.      Variation of conditions of program
   10.     Proceedings for non-compliance with program
   11.     Termination of program
   12.     Imposition of final sentence
   12A.    Special jurisdiction--traffic matters
   13.     Revocation of suspension order

           Division 3 - Miscellaneous

   14.     Arrest warrants
   14A.    Warrants of committal
   15.     Sentences imposed by Drug Court
   16.     Conditions of program
   17.     Immunity from prosecution for certain offences
   18.     Application of criminal procedure legislation

   PART 2A - COMPULSORY DRUG TREATMENT DETENTION

           Division 1 - Preliminary

   18A.    Definitions

           Division 2 - Referral of eligible convicted offenders to Drug Court

   18B.    Courts to refer eligible convicted offenders to Drug Court
   18BA.   State Parole Authority to refer certain offenders whose parole is revoked to Drug Court

           Division 3 - Making compulsory drug treatment orders

   18C.    Compulsory drug treatment detention
   18D.    Restriction on power of Drug Court to make compulsory drug treatment orders
   18E.    Assessment of eligibility and suitability by the multi-disciplinary team
   18F.    Concurrent and consecutive sentences

           Division 4 - Miscellaneous

   18G.    Effect of compulsory drug treatment order
   18H.    Explanation of compulsory drug treatment order to offender
   18I.    Preparation and service of written notice of compulsory drug treatment order
   18J.    Warrant of commitment

   PART 3 - THE DRUG COURT

           Division 1 - Constitution of Drug Court

   19.     Constitution of Drug Court
   20.     Judges
   21.     Senior Judge
   22.     Acting Senior Judge

           Division 2 - Procedure of Drug Court

   23.     Single Judge to constitute Drug Court
   24.     Jurisdiction of Drug Court
   25.     Sittings
   26.     Court proceedings
   27.     Rules of court

           Division 3 - Administration

   28.     Court officers
   29.     Court business
   30.     Delegation

   PART 4 - MISCELLANEOUS

   31.     Provision of information to Drug Court
   32.     Regulations
   33.     (Repealed)
   34.     Savings, transitional and other provisions
   35.     Review of Act
           Schedule 1 (Repealed)
           SCHEDULE 2