We’re developing a new legislation website and need your feedback.
You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2008 - 376)
Skip to content
Crimes (Administration of Sentences) Regulation 2008
Repealed version for 11 April 2014 to 31 August 2014 (accessed 10 April 2020 at 09:59)
Chapter 5
Chapter 5 Compulsory drug treatment detention
204   Regulations relating to parole of offenders serving sentences by way of compulsory drug treatment detention
Chapter 7 applies to an offender who is serving a sentence by way of compulsory drug treatment detention, subject to the following:
(a)  references to the Parole Authority are taken to be references to the Drug Court,
(b)  references to the Secretary of the Parole Authority are taken to be references to the registrar of the Drug Court.
Note.
 Section 106T of the Act provides that the Drug Court is the parole authority for offenders in compulsory drug treatment detention. That section provides that Part 6 of the Act (Parole) applies to an offender who is serving a sentence by way of compulsory drug treatment detention, subject to certain modifications.
205   Application of Part 2 to Stages 1 and 2 compulsory drug treatment detention
(1)  For the purposes of section 106V (1) of the Act, the modifications set out in Schedule 6 are prescribed.
(2)  For the avoidance of doubt, a reference in Part 2 of the Act (and the provisions of any regulations made under that Part) as applied by section 106V of the Act to an inmate or convicted inmate is taken to be a reference to an offender who is in closed detention (Stage 1) or semi-open detention (Stage 2).
Note.
 Section 106V of the Act provides that Part 2 of the Act (and the provisions of any regulations made under that Part), subject to any modifications prescribed by the regulations, apply to and in respect of an offender who is in closed detention (Stage 1) or semi-open detention (Stage 2).
206   Provision of information relating to offenders
(1)  For the purposes of section 106Y (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, an offender’s drug treatment under Part 4A of the Act:
(a)  persons acting for or on behalf of any local health district within the meaning of the Health Services Act 1997,
(b)  persons acting for or on behalf of an organisation providing treatment to an offender in connection with the offender’s program,
(c)  any medical practitioner, therapist, counsellor or psychologist.
(2)  For the purposes of section 106Y (2) of the Act:
(a)  the information must be provided to the registrar of the Drug Court or the Commissioner as soon as practicable, but in any case, within 48 hours of the person becoming aware of the information, and
(b)  the information may be provided to the registrar of the Drug Court or the Commissioner:
(i)  personally, or
(ii)  by letter sent by post or otherwise delivered to the offices of the registrar or the Commissioner, or
(iii)  by letter sent to the registrar by means of document exchange facilities, or
(iv)  by fax or other electronic transmission, and
(c)  the information provided to the registrar or the Commissioner otherwise than in writing must be confirmed in writing within 24 hours unless the person to whom the information has been provided indicates otherwise.
207   Periodic drug testing
(1)  The Commissioner is to ensure that each offender is to undergo periodic drug testing in accordance with this clause:
(a)  in relation to an offender in closed detention (Stage 1), twice a week, and
(b)  in relation to an offender in semi-open detention (Stage 2) or community custody (Stage 3), 3 times a week.
(2)  A person authorised by the Commissioner may, in accordance with the instructions of the Commissioner, require an offender to supply for testing or analysis one or more of the following as a sample and give directions as to how the sample is to be supplied:
(a)  breath,
(b)  urine,
(c)  oral fluid,
(d)  hair.
(3)  The directions may require the offender to comply with directions given by another person as to how the sample is to be supplied.
(4)  A drug test must be carried out by a government analyst.
(5)  A sample may be required under this clause and tested for the presence of a drug even though the offender concerned may not be reasonably suspected of having administered a drug to himself or herself or of being under the influence of a drug.
208   Random drug testing
(1)  The Commissioner is to ensure that offenders in compulsory drug treatment detention are required to undergo random drug testing in accordance with this clause at such times as the Commissioner sees fit.
(2)  A person authorised by the Commissioner may, in accordance with the instructions of the Commissioner, require an offender to supply for testing or analysis one or more of the following as a sample and give directions as to how the sample is to be supplied:
(a)  breath,
(b)  urine,
(c)  oral fluid,
(d)  hair.
(3)  The directions may require the offender to comply with directions given by another person as to how the sample is to be supplied.
(4)  A drug test must be carried out by a government analyst.
(5)  A sample may be required under this clause and tested for the presence of a drug even though the offender concerned may not be reasonably suspected of having administered a drug to himself or herself or of being under the influence of a drug.
209   Evidence as to use of drugs
(1)  In any proceedings before the Drug Court, a certificate signed by an authorised officer to the effect that:
(a)  a person received a sample obtained in a specified manner, or
(b)  the person arranged for the sample to be submitted for analysis by a government analyst to determine the presence of any drugs in an offender’s body or the sample, or
(c)  the container was sealed, and marked or labelled, in a specified manner,
is admissible in evidence of the facts so certified.
(2)  In any such proceedings, a certificate signed by a government analyst to the effect that, on a specified day:
(a)  the analyst received for analysis a container holding a specified sample, or
(b)  the container, when received, was sealed with an unbroken seal, and was marked or labelled in a specified manner, or
(c)  the analyst carried out an analysis of the sample to determine the presence of drugs in the sample, or
(d)  the analyst determined that a specified drug was present or was present to a specified extent in the sample, or
(e)  the analyst was, at the time of the analysis, a government analyst,
is admissible in evidence of the facts so certified.
(3)  In any such proceedings:
(a)  evidence that a government analyst received a container holding a sample, being a container that was marked or labelled to indicate that it held a sample obtained from a specified offender on a specified day, is evidence that the sample was a sample obtained from that offender on that day, and
(b)  evidence that the container, when received, was sealed with an unbroken seal is evidence that the sample had not been tampered with before it was received by the government analyst.
210   Conditions that may be imposed as part of community supervision orders for Stage 2 and Stage 3 offenders
The following are conditions that may be imposed as part of a community supervision order on an offender in semi-open detention (Stage 2) and community custody (Stage 3):
(a)  the offender must advise the Director if he or she is arrested or detained by a police officer,
(b)  the offender must submit to searches of places or things under his or her immediate control, as directed by the Director,
(c)  the offender must submit to electronic monitoring of his or her compliance with the community supervision order, and must comply with all instructions given by the Director in relation to the operation of monitoring systems,
(d)  the offender must not tamper with, damage or disable monitoring equipment,
(e)  the offender must inform any employer of the compulsory drug treatment order and, if so directed by the Director, of the nature of the offence that occasioned it,
(f)  the offender must authorise contact between any employer of the offender and the Director,
(g)  when not otherwise employed, the offender must undertake community service work if directed by the Director,
(h)  the offender must comply with any reasonable direction of the Director in relation to association with specified persons,
(i)  the offender must comply with any reasonable direction of the Director in relation to the maintenance of or obtaining of employment,
(j)  the offender must comply with all other reasonable directions of the Director,
(k)  the offender must reside only at accommodation approved by the Drug Court,
(l)  the offender must remain at the approved accommodation at all times otherwise than:
(i)  when engaged in activities approved or arranged by the Director, or
(ii)  when faced with immediate danger (such as in a fire or medical emergency),
(m)  the offender must adhere to an approved program of activities during approved absences from the approved accommodation,
(n)  the offender must advise the Director as soon as practicable after leaving the approved accommodation due to immediate danger,
(o)  the offender must allow any visit to the approved accommodation by the Director, and any person approved by the Director, at any time.