South Australian Current Acts South Australian Current Acts37—Assessment of referred person
(1) On a person being
referred to an assessment service under this Division, the service must
proceed to carry out and complete its assessment as expeditiously as
reasonably practicable.
(2) For the purposes
of carrying out the assessment, the service may, by notice in writing given
personally or by post, require the person to—
(a) give
written consent to—
(i)
the release of the person's medical and other treatment
records to the service and to any drug treatment service that is to provide
treatment to the person pursuant to an undertaking under this Division;
(ii)
the release to the service of—
(A) records held by or on behalf of an
assessment service or any agency or instrumentality of the Crown relating to
previous assessments of, or undertakings entered into by, the person under
this Division; and
(B) the person's criminal record (ie,
record of any convictions recorded against the person); or
(b)
attend the service for such further number of interviews as the service thinks
fit; or
(c)
submit to an examination, by the service or by any other person, to determine
whether the person is experiencing physical, psychological or social problems
connected with the misuse of drugs and, if so, the treatment (if any)
appropriate for the person.
(3) The assessment
service must, by notice in writing to the person given personally or by post,
terminate the person's referral to the service—
(a) if
the person fails, without reasonable excuse, to attend the service in
accordance with the referral notice or with any other notice requiring the
person to attend; or
(b) if
at any time during the assessment it becomes apparent to the service
that—
(i)
it would not in the circumstances be appropriate to
require the person to enter into an undertaking under this Division; or
(ii)
the person does not admit to the allegation (but the
service is not required to ascertain this); or
(iii)
the person does not want the service to deal with the
matter,
and may, in the same manner, terminate the referral—
(c) if
the person hinders, or does not cooperate with, the service in carrying out
the assessment; or
(d) if
the person, without reasonable excuse, refuses or fails to comply with a
requirement under this Division to give written consent to the release of
records or to submit to an examination; or
(e) if
the person refuses to comply with a requirement to enter into an undertaking
under this Division or, without reasonable excuse, contravenes or fails to
comply with an undertaking entered into under this Division.
(4) A notice under
subsection (3) must set out a short statement of the service's reasons
for the termination.
(5) The service must
give a copy of the notice of termination to the Commissioner of Police.