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CASINO CONTROL ACT 1982 - SECT 100A
Counselling
100A Counselling
(1) This section applies if a court finds a person (the
"defendant" ) guilty of, or accepts a person’s plea of guilty for, an
offence against section 100 .
(2) The court may, if satisfied the defendant
is experiencing, or at risk of experiencing, harm from gambling, postpone its
decision on penalty on condition that the defendant agrees to attend
counselling on a basis decided by the court. Note— See section 99C .
(3)
The agreement— (a) must provide for counselling of a kind that may, in the
court’s opinion, be beneficial in helping to overcome harmful behaviour
related to gambling; and
(b) must provide for counselling over a period, of
not more than 12 months, fixed by the court; and
(c) must allow the
counsellor a discretion to disclose to the court information about the
defendant’s participation in the counselling if the counsellor believes the
disclosure will help the court to exercise its powers and discretions in an
appropriate way under this section; and
(d) must provide that the counsellor
is to report to the court a failure by the defendant to attend counselling
under the agreement.
(4) To decide whether the defendant is experiencing, or
at risk of experiencing, harm from gambling and, if so, whether counselling of
an appropriate kind is available, the court may have regard to any information
the court considers relevant, including, for example, a report of a
psychiatrist or a psychologist. Note— See section 99C .
(5) If the court
postpones a decision on penalty under this section, the court must proceed to
make a decision on penalty— (a) as soon as practicable after the end of the
period fixed for the counselling; or
(b) if, during the period fixed for the
counselling, the defendant advises the court that he or she does not want to
continue with the counselling—as soon as practicable after the court
receives the advice; or
(c) if, during the period fixed for the counselling,
the counsellor reports to the court that the defendant has failed to attend
counselling under the agreement or to participate satisfactorily in the
counselling—as soon as practicable after the court receives the report.
(6)
In making its decision on penalty after a postponement under this section, the
court— (a) must consider whether and, if so, to what extent, the defendant
has made a genuine attempt to overcome harmful behaviour related to gambling;
and
(b) may, for considering the matters mentioned in paragraph (a) , have
regard to the report of a counsellor appointed to counsel the defendant under
an agreement under this section.
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