South Australian Current Acts South Australian Current Acts (1) When a court
releases a person who has been charged with an offence on bail, the court may
make it a condition of the bail agreement that the person undertake an
intervention program.
(2) Before imposing
any such condition, the court must—
(a)
satisfy itself that—
(i)
the person is eligible for the services to be included on
the program in accordance with applicable eligibility criteria (if any); and
(ii)
those services are available for the person at a suitable
time and place; and
(b) give
consideration to any representations made by the person in relation to the
program.
(3) The court may make
appropriate orders for assessment of the person to determine—
(a) a
form of intervention program that is appropriate for the person; and
(b) the
person's eligibility for the services included on the program,
and may release the person on bail on condition that he or she undertake the
assessment as ordered.
(4) If a bail
agreement contains a condition under this section—
(a) the
person released on bail under the agreement must comply with conditions
regulating his or her participation in the assessment or intervention program
notified from time to time by the person's case manager; and
(b) a
failure to comply with a requirement under paragraph (a) may be regarded
as a breach of a condition of the bail agreement.
(5) The court may, at
any time, on application by a person released on bail on condition that he or
she participate in an assessment or intervention program, make an order
revoking or varying the condition.
(6) If an
intervention program manager considers that—
(a) a
person has failed to comply with a condition regulating the person's
participation in an assessment or intervention program; and
(b) the
failure to comply (of itself or in connection with other matters) suggests
that the person is unwilling to participate in the assessment or program as
directed,
the manager must refer the matter to the court and the court must then
determine whether the failure to comply constitutes a breach of the bail
agreement.
(7) A certificate
apparently signed—
(a) by
an intervention program manager as to—
(i)
whether the services to be included on a program are
available for a particular person and, if so, when they will be available; or
(ii)
whether a particular person is eligible for the services
to be included on a program; or
(b) by a
case manager as to whether a particular person has complied with conditions
regulating his or her participation in an assessment or intervention program,
is admissible as evidence of the matter so certified.