New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 106MA

106MA Director may make regression directions

(1) If the Director is satisfied that an offender has failed to comply in a serious respect with any condition of the offender's compulsory drug treatment personal plan, the Director may direct that the offender regress from one stage of compulsory drug treatment detention to a lower stage for a specified period (not exceeding 3 months).

(2) The Director must notify the Drug Court of the direction within 7 days of issuing the direction.

(3) The regulations may make provision for or with respect to the criteria to be used by the Director in determining whether to make a direction under this section.

(4) The offender may apply to the Drug Court for a review of the direction within 14 days after a direction is issued.

(5) In reviewing a direction, if the Drug Court is satisfied, on the balance of probabilities, that the offender has failed to comply in a serious respect with any condition of the offender's compulsory drug treatment personal plan, the Drug Court may make an order--

(a) confirming the direction, or

(b) setting aside the direction, or

(c) confirming the direction, but amending its terms.

(6) No appeal lies against an order made by the Drug Court under this section.