Crimes (Sentencing) Act 2005

For 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