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TASMANIA
__________
SENTENCING AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 7 amended (Sentencing orders)
5. Part 3A inserted
PART 3A - Drug treatment orders
27A. Interpretation of Part
27B. Court may make drug treatment order
27C. Purpose of drug treatment order
27D. Drug treatment order assessment report
27E. Parts of drug treatment order
27F. Custodial part of drug treatment order and its
activation
27G. Core conditions of drug treatment order
27H. Program conditions of drug treatment order
27I. Case conferences
27J. Variation of drug treatment order on assessment of
progress
27K. Compliance reward
27L. Cancellation reward
27M. Contravention of order
27N. Imprisonment
27O. Commission of certain offences
27P. Hearing and determining certain offences
27Q. Cancellation
27R. Second anniversary review
27S. Motions to review
[Bill 31]-III
27T. Immunity from prosecution for certain drug offences
27U. Information sharing
27V. Random drug testing
27W. Disclosure of compliance information
27X. Court diversion officers and case managers
27Y. Expiry of operation of Part
2
SENTENCING AMENDMENT BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Sentencing Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Sentencing
Amendment Act 2007.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Sentencing Act 1997* is referred
to as the Principal Act.
*No. 59 of 1997
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4. Section 7 amended (Sentencing orders)
Section 7 of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) if the court is constituted by a magistrate,
record a conviction and make a drug
treatment order under Part 3A in respect
of the offender; or
5. Part 3A inserted
After section 27 of the Principal Act, the
following Part is inserted:
PART 3A - DRUG TREATMENT ORDERS
27A. Interpretation of Part
In this Part, unless the contrary intention
appears -
"case manager" means a person
appointed or authorised under
section 27X as a case manager for
the purposes of this Part;
"core conditions" of a drug treatment
order - see sections 27E and 27G;
"court" means a court constituted by a
magistrate;
"court diversion officer" means a
person appointed or authorised
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Act No. of
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under section 27X as a court
diversion officer for the purposes
of this Part;
"custodial part", of a drug treatment
order - see sections 27E and 27F;
"drug treatment order assessment
report" or "report" means a
report under section 27D;
"family violence order" means a
family violence order within the
meaning of the Family Violence
Act 2004;
"imprisonable offence" means an
offence that is punishable by a
sentence of imprisonment;
"interim family violence order"
means an interim family violence
order within the meaning of the
Family Violence Act 2004;
"police family violence order" means
a police family violence order
within the meaning of the Family
Violence Act 2004;
"program conditions" of a drug
treatment order - see
sections 27E and 27H;
"sexual offence" means -
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Act No. of
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(a) a crime under section 122,
124, 125, 125A, 126, 127,
127A, 129, 133 or 185 of
the Criminal Code; or
(b) a crime under section 298,
299 or 300 of the
Criminal Code relating to
a crime specified in
paragraph (a); or
(c) an offence under section
35(3) of the Police
Offences Act 1935;
"treatment and supervision part", of
a drug treatment order - see
section 27E.
27B. Court may make drug treatment order
(1) A court may make a drug treatment order
in respect of an offender if -
(a) it finds the offender guilty of one
or more imprisonable offences
other than -
(i) sexual offences; or
(ii) offences involving the
infliction of actual bodily
harm that, in the court's
opinion, was not minor
harm; and
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(b) it is satisfied on the balance of
probabilities that -
(i) the offender has a
demonstrable history of
illicit drug use; and
(ii) illicit drug use contributed
to the commission of the
imprisonable offence or
offences; and
(c) it considers that, were it not
making the drug treatment
order -
(i) it would have sentenced
the offender to a term of
imprisonment; and
(ii) it would not have
suspended the sentence,
either in whole or in part;
and
(d) it has received and considered a
drug treatment order assessment
report on the offender; and
(e) the offender is not subject to -
(i) a sentencing order of the
Supreme Court; or
(ii) a parole order under the
Corrections Act 1997; or
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(iii) another drug treatment
order; and
(f) no proceedings are pending
against the offender, in any court,
for -
(i) sexual offences; or
(ii) offences involving the
infliction of actual bodily
harm.
(2) The court may make the drug treatment
order regardless of whether -
(a) the offender's illicit drug use
contributed to the offender
breaching, on one or more
previous occasions, a sentencing
order or bail conditions; or
(b) the offender has been previously
sentenced to one or more terms of
imprisonment.
(3) However, the court must not make the
drug treatment order unless -
(a) it is satisfied in all the
circumstances that it is
appropriate to do so; and
(b) it is satisfied that the facilities
likely to be used for the treatment
and supervision part of the order
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are reasonably accessible to the
offender; and
(c) the offender agrees in writing to
the making of the order and to
comply with the treatment and
supervision part of the order.
27C. Purpose of drug treatment order
A drug treatment order is a sentencing
order that aims to do one or more of the
following in respect of an offender with a
demonstrable history of illicit drug use:
(a) provide an alternative sanction to
imprisonment;
(b) through an integrated, supervised
and reviewable treatment regime,
facilitate the offender's
rehabilitation and reintegration
into the community;
(c) reduce the incentive for the
offender to resort to criminal
activity;
(d) reduce risks to the offender's
health and well-being.
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27D. Drug treatment order assessment report
(1) A court that is considering making a drug
treatment order in respect of a defendant
must -
(a) order a drug treatment order
assessment report on the
defendant; and
(b) adjourn the proceedings to enable
a court diversion officer to
provide the report.
(2) The purpose of the report is to establish
whether the defendant is a suitable
subject for a drug treatment order, and, if
so, make recommendations to the court
on what program conditions to attach to
the treatment and supervision part of the
order.
(3) The report may set out such of the
following matters as, on investigation,
appear to its authors to be relevant to its
purpose and are readily ascertainable:
(a) the age of the defendant;
(b) the social history and background
of the defendant;
(c) the defendant's history of drug
use;
(d) the defendant's medical,
psychological and psychiatric
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history and condition, including
details of any treatment the
defendant has undergone for drug
or alcohol dependency;
(e) the defendant's educational
background;
(f) the defendant's employment
history;
(g) the circumstances of any other
offences, known to the court, of
which the defendant has been
found guilty;
(h) the extent of the defendant's
compliance with any sentence
currently in force in respect of the
defendant;
(i) the defendant's financial
circumstances;
(j) any special needs of the
defendant.
(4) The report is to include such other
matters, relevant to the defendant, as the
court may direct.
(5) Also, if the authors of the report consider
that the defendant may be a suitable
subject for a drug treatment order, the
report is to advise on programs, courses
and treatments that may be able to
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address the defendant's drug use problem
and other social needs.
(6) The authors of the report must file it with
the court within such time as the court
directs.
(7) Within a reasonable time after the report
is filed, and before the drug treatment
order is made, the court must ensure that
a copy of the report is given to -
(a) the prosecutor; and
(b) the defendant's legal
representative or, if the defendant
is not legally represented, the
defendant.
(8) The prosecution or defence may dispute
all or any part of the report.
(9) If the whole or any part of the report is
disputed, the court must not take the
disputed report or disputed part into
consideration in making the drug
treatment order unless the disputing party
has been given the opportunity to -
(a) cross-examine the authors of the
report on the disputed matters;
and
(b) lead evidence on the disputed
matters.
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(10) If the court grants the defendant bail on
an adjournment under subsection (1)(b),
it must, for the purpose of facilitating the
provision of the report, impose a
condition of bail requiring the defendant
to -
(a) report to a court diversion officer,
or to a specified person or body,
within a specified period; and
(b) comply with any requirements of
the court diversion officer or
specified person or body.
27E. Parts of drug treatment order
(1) A drug treatment order has -
(a) a custodial part; and
(b) a treatment and supervision part.
(2) The custodial part consists of the
sentence of imprisonment imposed under
section 27F.
(3) The treatment and supervision part
consists of -
(a) the core conditions attached
under section 27G; and
(b) the program conditions attached
under section 27H.
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(4) The treatment and supervision part
operates until it is cancelled under
section 27L, 27O or 27Q.
(5) However, section 27R applies if the
treatment and supervision part is not,
within 2 years after the making of the
drug treatment order, cancelled under
section 27L, 27O or 27Q.
27F. Custodial part of drug treatment order and
its activation
(1) A court that is making a drug treatment
order must impose on the offender the
sentence of imprisonment it would have
imposed were it not making the order.
(2) The sentence of imprisonment so
imposed is the custodial part of the drug
treatment order.
(3) However, the offender is not required to
serve all or any of the custodial part of
the drug treatment order unless it is
activated by some other order under this
Part.
(4) The court must not fix a non-parole
period for the sentence of imprisonment
imposed under subsection (1).
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27G. Core conditions of drug treatment order
(1) A court that is making a drug treatment
order must attach the following
conditions to the treatment and
supervision part of the order:
(a) the offender must not, in
Tasmania or elsewhere, commit
another imprisonable offence;
(b) the offender must attend the court
whenever it directs;
(c) the offender must report to a
court diversion officer at a
specified place within 2 clear
working days after the order is
made;
(d) the offender must undergo such
treatment for the offender's illicit
drug use problem as is specified
in the order or from time to time
specified by the court;
(e) the offender must report to, and
accept visits from -
(i) the offender's case
manager; or
(ii) court diversion officers;
(f) the offender must, unless there
are special circumstances, give
the offender's case manager at
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least 2 clear working days' notice
before any change of address;
(g) the offender must not leave
Tasmania except with the
permission, granted either
generally or in a particular case,
of the court;
(h) the offender must comply with all
lawful directions of the court;
(i) the offender must comply with all
reasonable directions of the
offender's case manager and
court diversion officers
concerning the core conditions
and program conditions of the
order.
(2) Also, if the offence in respect of which
the drug treatment order is made is a
family violence offence, the court must
attach the following additional conditions
to the order:
(a) the offender must not commit
another family violence offence;
(b) the offender must comply with
any family violence order,
interim family violence order or
police family violence order;
(c) the offender must attend and
undergo assessment for, and
treatment under, rehabilitation
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programs as directed by court
diversion officers;
(d) the offender, if directed to
undergo any rehabilitation
programs, must attend and
satisfactorily complete those
programs and comply with the
reasonable directions of the
persons employed or engaged to
conduct them.
(3) Conditions attached to the drug treatment
order under subsection (1) or (2) are the
core conditions of the order.
(4) While the treatment and supervision part
of the drug treatment order is operating,
the offender must comply with its core
conditions.
(5) The court may issue a warrant for the
arrest of the offender if, on any occasion,
he or she fails to comply with the
condition referred to in subsection (1)(b).
27H. Program conditions of drug treatment order
(1) A court that is making a drug treatment
order may attach one or more of the
following conditions to the treatment and
supervision part of the order:
(a) the offender must submit to drug
testing as specified in the order;
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(b) the offender must submit to
detoxification or other treatment,
whether or not residential in
nature, as specified in the order;
(c) the offender must attend
vocational, educational,
employment, rehabilitation or
other programs specified in the
order;
(d) the offender must submit to
medical, psychiatric or
psychological treatment specified
in the order;
(e) the offender must not associate
with persons or classes of persons
specified in the order;
(f) the offender must reside at such
place, and for such period, as is
specified in the order;
(g) the offender must do or not do
anything else that the court
considers necessary or
appropriate concerning -
(i) the offender's illicit drug
use; or
(ii) the personal factors that
the court considers
contributed to the
offender's criminal
behaviour.
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(2) Conditions attached to the drug treatment
order under subsection (1) are the
program conditions of the order.
(3) The court must attach at least one
program condition to the drug treatment
order but not more than it considers
necessary to achieve the purpose for
which the order is made.
(4) While the treatment and supervision part
of the drug treatment order is operating,
the offender must comply with its
program conditions.
27I. Case conferences
(1) A court may convene a case conference
from time to time to find out how an
offender subject to a drug treatment order
is progressing.
(2) The case conference -
(a) may be held in such place as the
court considers suitable; but
(b) is not to be held by way of, or as
part of, proceedings in an open
court.
(3) The following persons may attend the
case conference:
(a) the offender's legal
representative;
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(b) the offender's case manager;
(c) a prosecutor;
(d) any court diversion officer who
has had dealings with the
offender in connection with the
order;
(e) at the request of or with the
consent of the court, any other
person.
(4) The court, by whatever means it
considers most suitable, may direct the
offender or any other person to attend the
case conference and the offender or other
person must comply with that direction.
(5) Where proceedings for any offence are
being heard by a magistrate, no objection
can be taken to the magistrate on the
ground that he or she has previously
convened a case conference in relation to
the offender.
27J. Variation of drug treatment order on
assessment of progress
(1) A court may from time to time vary the
treatment and supervision part of a drug
treatment order if it considers it
appropriate to do so based on its
assessment of the offender's progress.
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(2) The court may act under subsection (1)
on its own motion or on the application
of -
(a) the offender or the offender's
legal representative; or
(b) a police officer or prosecutor; or
(c) a court diversion officer.
(3) When acting under subsection (1), the
court must ensure that the offender is
present.
(4) Under subsection (1), the court may do
any one or more of the following:
(a) add or remove program
conditions;
(b) vary core or program conditions,
other than the core condition
attached under section 27G(1)(a),
for example to adjust -
(i) the frequency of
treatment; or
(ii) the degree of supervision;
or
(iii) the frequency of drug
testing; or
(iv) the type or frequency of
vocational, educational,
employment or other
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programs that the
offender must attend;
(c) add, if applicable, core conditions
of the kind referred to in
section 27G(2).
27K. Compliance reward
(1) A court, on its own motion, may from
time to time confer a reward on an
offender who has been fully or
substantially complying with the
conditions of a drug treatment order by
doing one or more of the following:
(a) varying the treatment and
supervision part of the order;
(b) varying or cancelling an order
under section 27M(1)(c);
(c) making an order that some or all
of a period for which the
custodial part of the drug
treatment order is activated under
section 27M(1)(d), but which the
offender is yet to serve in a
prison, is no longer activated;
(d) conferring on the offender any
other reward that the court
considers appropriate.
(2) Under subsection (1)(a), the court may
do one or more of the following:
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(a) add or remove program
conditions;
(b) vary core or program conditions,
other than the core condition
attached under section 27G(1)(a),
for example to reduce -
(i) the frequency of
treatment; or
(ii) the degree of supervision;
or
(iii) the frequency of drug
testing.
27L. Cancellation reward
(1) A court, on its own motion, may cancel a
drug treatment order as a reward if it is
satisfied that -
(a) the offender has been fully or
substantially complying with the
conditions of the order; and
(b) the continuation of the order is no
longer necessary to meet the
purposes for which it was made;
and
(c) the period of imprisonment that
the offender would have had to
serve had the order been fully
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activated at the time of
sentencing has expired.
(2) To avoid doubt, if a drug treatment order
is cancelled under this section, any
earlier orders activating the custodial part
of the order cease to have effect
forthwith.
27M. Contravention of order
(1) If a court is satisfied that an offender has
failed to comply with a condition of a
drug treatment order, other than by
committing an offence punishable by a
term of imprisonment exceeding 12
months, the court must take one of the
following actions:
(a) confirm the treatment and
supervision part of the drug
treatment order;
(b) vary the treatment and
supervision part of the drug
treatment order;
(c) make an order requiring the
offender to perform up to 20
hours of community work under
the supervision of the offender's
case manager;
(d) subject to section 27N, order that
the custodial part of the drug
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treatment order is activated for a
specified period, of not less than
one day and not more than 7
days, to be served in prison.
(2) In deciding which action to take under
subsection (1), the court must -
(a) consider each of the actions in the
order in which they appear; and
(b) only take the first action that it
considers to be appropriate in the
circumstances.
(3) However, the court may only act under
subsection (1)(d) if it is satisfied beyond
reasonable doubt that the offender has
failed to comply with the relevant
condition.
(4) To act under subsection (1)(a), (b) or (c),
the court need only be satisfied on the
balance of probabilities that the offender
has failed to comply with the relevant
condition.
(5) Under subsection (1)(b), the court may
do one or more of the following:
(a) add or remove program
conditions;
(b) vary core or program conditions,
other than the core condition
attached under section 27G(1)(a),
for example to increase -
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(i) the frequency of
treatment; or
(ii) the degree of supervision;
or
(iii) the frequency of drug
testing;
(c) add, if applicable, core conditions
of the kind referred to in
section 27G(2).
(6) If the court is satisfied on the balance of
probabilities that an offender who is
subject to an order under
subsection (1)(c) has failed to comply
with the order, the court may take any
action under subsection (1).
(7) The court may act under subsection (1)
or (6) on its own motion or on the
application of -
(a) a police officer or prosecutor; or
(b) a court diversion officer.
27N. Imprisonment
(1) An offender is only required to serve a
period of imprisonment pursuant to an
order under section 27M(1)(d) once the
total of the custodial periods activated
under all such orders in respect of the
offender, and which he or she is yet to
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serve, exceeds 13 days exclusive of any
de-activated parts of those custodial
periods.
(2) If a court makes an order under
section 27M(1)(d) that will have the
effect of activating the accumulated
custodial periods of a drug treatment
order, it may, to give effect to the order
under section 27M(1)(d), issue a warrant
for the imprisonment of the offender.
(3) In this section -
"custodial period", of a drug
treatment order, means the
period, of imprisonment, for
which the custodial part of the
order is activated under
section 27M(1)(d);
"de-activated part", of a custodial
period of a drug treatment order,
means such part of the custodial
period as is no longer activated
because of an order under
section 27K(1)(c).
27O. Commission of certain offences
(1) If a court is satisfied beyond reasonable
doubt that an offender has failed to
comply with a condition of a drug
treatment order by committing an offence
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punishable by a term of imprisonment
exceeding 12 months, the court must -
(a) take one of the actions under
section 27M(1) as though the
offender had failed to comply
with any other condition of the
order; or
(b) cancel the treatment and
supervision part of the order and,
after taking into account the
extent of the offender's
compliance with that part -
(i) make an order activating
some or all of the
custodial part of the drug
treatment order; or
(ii) cancel the custodial part
of the drug treatment
order and, other than by
making an order under
section 7(a), deal with the
offender for each offence
in respect of which the
drug treatment order was
made in any way in which
it could deal with the
offender had it just found
the offender guilty of each
such offence.
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(2) The court may act under subsection (1)
on its own motion or on the application
of -
(a) a police officer or prosecutor; or
(b) a court diversion officer.
(3) Before the court cancels the treatment
and supervision part of the drug
treatment order under subsection (1),
whether or not it also cancels the
custodial part, it must give the offender
an opportunity to make a submission on
the matter.
(4) To avoid doubt, if under this section the
court cancels the treatment and
supervision part or custodial part of the
drug treatment order, any earlier orders
activating the custodial part of the drug
treatment order cease to have effect
forthwith.
27P. Hearing and determining certain offences
(1) This section applies if an offender
subject to a drug treatment order is
charged with an offence, whether
committed before or after the making of
the order, and -
(a) a court finds the offender guilty
of the offence; and
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(b) for the offence, the court imposes
a sentence of imprisonment on
the offender; and
(c) the court does not suspend the
sentence, either in whole or in
part; and
(d) the length of the sentence is less
than the remaining length of the
custodial part of the drug
treatment order; and
(e) the offence is one for which the
court could have made a drug
treatment order if the offender
were not already subject to such
an order.
(2) The court, in imposing the sentence, may
order that it is subsumed within the
custodial part of the drug treatment order.
(3) However, unless subsection (2) applies,
the court must cancel the treatment and
supervision part of the drug treatment
order under paragraph (b) of
section 27O(1) and take an action under
subparagraph (i) or (ii) of that paragraph.
27Q. Cancellation
(1) A court may cancel the treatment and
supervision part of a drug treatment order
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if it is satisfied on the balance of
probabilities that -
(a) before the order was made, the
offender's circumstances were
not accurately presented to the
court or the authors of the
relevant drug treatment order
assessment report; or
(b) the offender will be unable to
comply with a condition of the
order because his or her
circumstances have materially
changed since it was made; or
(c) the offender is no longer willing
to comply with one or more
conditions of the order; or
(d) the continuation of the treatment
and supervision part of the order
is unlikely to achieve one or more
of the purposes for which the
order was made.
(2) When cancelling the treatment and
supervision part of the order under
subsection (1), the court, after taking into
account the extent of the offender's
compliance with that part, must -
(a) make an order activating some or
all of the custodial part of the
drug treatment order; or
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(b) cancel the custodial part of the
drug treatment order and, other
than by making an order under
section 7(a), deal with the
offender for each offence in
respect of which the drug
treatment order was made in any
way in which it could deal with
the offender had it just convicted
him or her of each such offence.
(3) The court may act under subsection (1)
or (2) on its own motion or on the
application of -
(a) the offender; or
(b) a police officer or prosecutor; or
(c) a court diversion officer.
(4) Before the court cancels the treatment
and supervision part of the drug
treatment order, whether or not it also
cancels the custodial part, it must give
the offender an opportunity to make a
submission on the matter.
(5) When making an order under
subsection (2)(a), the court may fix a
non-parole period for the sentence of
imprisonment, or partial sentence of
imprisonment, activated by the order.
(6) Subsection (5) has effect notwithstanding
any other provision of this Part.
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(7) To avoid doubt, if under this section the
court cancels the treatment and
supervision part or custodial part of the
drug treatment order, any earlier orders
activating the custodial part of the drug
treatment order cease to have effect
forthwith.
27R. Second anniversary review
(1) This section applies if the treatment and
supervision part of a drug treatment order
is not cancelled under section 27L, 27O
or 27Q within the 2-year period
immediately following the making of the
order.
(2) As soon as practicable after the 2-year
period, the court that made the order
must review the treatment and
supervision part to determine whether,
notwithstanding any other provision of
this Part, it should continue to operate.
(3) The court may conduct the review in the
same manner as a case conference
convened under section 27I and, if it
does so, subsections (2), (3) and (4) of
that section apply, with necessary
modifications, to the review.
(4) On completion of the review, the court
must cancel the treatment and
supervision part of the order and exercise
its powers under section 27Q(2).
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27S. Motions to review
(1) On the hearing of a motion to review a
sentencing order made by a court
constituted by a magistrate, the Supreme
Court cannot itself make a drug treatment
order.
(2) For a sentencing order made by a court
constituted by a magistrate, Part XI of
the Justices Act 1959 applies with the
following modifications:
(a) a motion to review does not lie
against -
(i) a refusal to make a drug
treatment order; or
(ii) a finding that an offender
has failed to comply with
a condition of a drug
treatment order; or
(iii) the variation of the
treatment and supervision
part of a drug treatment
order; or
(iv) the cancellation of the
treatment and supervision
part, or the custodial part,
of a drug treatment order;
(b) if a motion to review concerns the
custodial part of a drug treatment
order, and not its treatment and
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Act No. of
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supervision part, the motion does
not operate as a stay of the
treatment and supervision part of
the order unless the Supreme
Court so orders.
(3) For the purposes of section 7, an order
under this Part activating some or all of
the custodial part of a drug treatment
order is taken to be a sentencing order.
(4) If, on the hearing of a motion to review a
sentencing order made by a court
constituted by a magistrate, the Supreme
Court considers that the making of a drug
treatment order may be appropriate, it
may, with or without directions, refer the
matter to that court to consider the
making of such an order.
(5) If a court to which a matter is referred
under subsection (4) determines not to
make a drug treatment order, it must
remit the matter to the Supreme Court for
the making of an order under section 7.
(6) If a court to which a matter is referred
under subsection (4) makes a drug
treatment order -
(a) the order has effect for section 7
as if it were a sentencing order
made by the Supreme Court on
the hearing of the motion to
review; but
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(b) for all other purposes has effect
as an order made by a magistrate.
27T. Immunity from prosecution for certain drug
offences
(1) A person is not liable to be prosecuted
for an offence involving controlled drugs
within the meaning of the Misuse of
Drugs Act 2001 -
(a) as a result of any admission made
in connection with any
assessment of the eligibility of
the person for the making of a
drug treatment order; or
(b) as a result of any admission made
in connection with the assessment
by a court, or at a case conference
convened by that court under
section 27I, of the person's
progress under a drug treatment
order.
(2) However, subsection (1) does not prevent
a prosecution for any offence involving
controlled drugs within the meaning of
the Misuse of Drugs Act 2001 if there is
evidence, other than the admission or
evidence obtained as a result of the
admission, to support a charge.
(3) The admission, and any evidence
obtained as a result of the admission, is
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Sentencing Amendment Act 2007
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not admissible against the person in a
prosecution referred to in subsection (2).
27U. Information sharing
A person who is a personal information
custodian within the meaning of the
Personal Information Protection Act
2004 is not taken to contravene that Act
by reason only of collecting, using or
disclosing or otherwise dealing with
personal information for the purposes of
this Part.
27V. Random drug testing
If a drug treatment order includes a
program condition relating to the
requirement for random drug testing, the
offender's case manager may decide
when and where the offender is to report
from time to time for such testing.
27W. Disclosure of compliance information
(1) A magistrate, court diversion officer or
case manager may request any person to
disclose any compliance information in
the person's possession and the person
must comply with that request.
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(2) Subsection (1) has effect notwithstanding
the Personal Information Protection Act
2004 or any legislation relating to the
confidentiality or privacy of information.
(3) Where a person discloses compliance
information in good faith under this
section -
(a) the person does not, by reason of
that disclosure, incur any
criminal, civil or administrative
liability; and
(b) the person is not, by reason of
that disclosure -
(i) taken to have breached
any rule of law of practice
that would otherwise
prohibit the person from
disclosing the compliance
information; or
(ii) taken to have broken any
professional or other oath,
or breached any
professional or other
code, standard or
guideline of ethics or
etiquette that might
otherwise bar the person
from, or condemn the
person for, disclosing the
compliance information;
or
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(iii) liable to condemnation or
disciplinary action by any
professional body or other
person.
(4) In this section -
"compliance information" means
information about an offender's
compliance with the conditions of
a drug treatment order.
27X. Court diversion officers and case managers
(1) The Secretary may -
(a) appoint a State Service officer or
State Service employee employed
in the Department to be a court
diversion officer or case manager
for the purposes of this Part; and
(b) with the consent of the Head of
another State Service Agency,
appoint a State Service officer or
State Service employee employed
in that Agency to be a court
diversion officer or case manager
for the purposes of this Part.
(2) A person appointed as a court diversion
officer or case manager under this
section may hold that office in
conjunction with State Service
employment.
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(3) The Secretary may authorise a person
who is not a State Service officer or State
Service employee to perform the
functions and exercise the powers of a
court diversion officer or case manager
for the purposes of this Part.
27Y. Expiry of operation of Part
Notwithstanding section 7(ab), a court
must not make a drug treatment order
under this Part after 31 May 2008 or, if a
later date is prescribed before
31 May 2008, after that prescribed later
date.
40 Government Printer, Tasmania