Australian Capital Territory Current Acts Australian Capital Territory Current ActsFor section 46J (5), the matters for assessing the offender's suitability to comply with a drug and alcohol treatment order are the matters mentioned in table 46K, column 2.
Table 46K Assessment of suitability—drug and alcohol treatment order
|
column 1 item |
column 2 matter |
column 3 indication of unsuitability |
|---|---|---|
| 1 | degree of dependence on alcohol or a controlled drug | major problem with alcohol or a controlled drug unlikely to change under drug and alcohol treatment order |
| 2 | psychiatric or psychological condition | major psychiatric or psychological disorder likely to prevent compliance with a drug and alcohol treatment order |
| 3 |
medical condition | medical condition likely to prevent compliance with a drug and alcohol treatment order |
| 4 | criminal record and response to previous court orders | serious criminal record or substantial noncompliance with previous court orders |
| 5 | employment and personal circumstances |
potential impracticability of compliance with a drug and alcohol treatment order |
| 6 | participation and degree of compliance with drug and alcohol treatment assessment | substantial noncompliance with assessment |
| 7 |
living circumstances of the offender | inability or refusal to live in ACT member of offender's household does not consent to living with the offender while the offender is subject to a drug and alcohol treatment order |