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BAIL ACT 1980 - SECT 11AB
Condition requiring completion of DAAR course
11AB Condition requiring completion of DAAR course
(1) This section applies to a court authorised by this Act to grant bail for
the release of a person.
(2) If the person consents to completing a
DAAR course, the court may impose a condition for the person’s release that
the person complete a DAAR course by a stated day. Notes— 1 The person
does not commit an offence against section 29 by breaking the condition. See
section 29 (2) (b) .
2 Section 30 sets out the procedures for varying the
person’s bail if the condition is broken or is likely to be broken.
(3)
In deciding whether to impose the condition, the court must have regard to the
following— (a) the nature of the offence in relation to which bail is
proposed to be granted;
(b) the person’s circumstances, including any
benefit the person may derive by completing a DAAR course;
(c) the public
interest.
(4) However, subsection (2) does not apply if— (a) the person has
completed 2 DAAR courses within the previous 5 years; or
(b) the person is
under 18 years; or
(c) section 11A applies.
(5) This section does not limit
the conditions the court may impose under section 11 .
(6) In this section—
"approved provider" means an entity approved by the chief executive (health)
by gazette notice to provide DAAR courses.
"chief executive (health)" means the chief executive of the department in
which the Medicines and Poisons Act 2019 is administered.
"DAAR" stands for Drug and Alcohol Assessment Referral.
"DAAR course" means a course provided to a person by an approved provider in
which— (a) the person’s drug or alcohol use is assessed; and
(b) the
person is given information about appropriate options for treatment and may be
offered counselling or education.
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