New South Wales Consolidated Acts

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

106Q Revocation of compulsory drug treatment order

(1) The Drug Court may by order revoke an offender's compulsory drug treatment order--

(a) if--

(i) the offender has failed to comply with a condition of the offender's compulsory drug treatment personal plan, and

(ii) that failure is of a serious nature, and

(iii) in the opinion of the Drug Court, the offender--

(A) is unlikely to make any further progress in the offender's compulsory drug treatment program, or

(B) poses an unacceptable risk to the community of re-offending, or

(C) poses a significant risk of harming others or himself or herself, or

(b) if the non-parole period for the offender's sentence has expired or is about to expire and the offender is serving his or her sentence in closed detention (Stage 1) or semi-open detention (Stage 2), or

(c) if the offender ceases to be an eligible convicted offender (within the meaning of the Drug Court Act 1998 ), or

(c1) if, in the opinion of the Drug Court (having regard to advice provided by the Director and the offender's progress in the compulsory drug treatment program), the offender is unlikely to make any further progress in the offender's compulsory drug treatment program, or

(d) for any other reason the Drug Court sees fit.

(2) In making a decision under Part 6 as to whether to make a parole order for an offender whose compulsory drug treatment order has been revoked under this section, the Parole Authority is to have regard to the circumstances that led to the revocation.

(3) No appeal lies against the Drug Court's revocation of a compulsory drug treatment order.