46L

Drug and alcohol treatment assessments—powers of assessors

Current

(1)

In preparing the drug and alcohol treatment assessment for the offender, the assessor may—

(a)

investigate any matter the assessor considers appropriate; and

(b)

ask any of the following to provide information for the purpose of the assessment:

(i)

an administrative unit;

(ii)

a territory authority;

(iii)

a statutory office-holder;

(iv)

for an assessment for an offender to be sentenced for a family violence offence—an approved crisis support organisation under the Domestic Violence Agencies Act 1986;

(v)

a victim of the offence;

(vi)

any other entity.

(2)

If an entity mentioned in subsection (1) (b) (i), (ii) or (iii) is asked to provide information, the entity must comply with the request as soon as practicable.

(3)

If an entity gives information honestly and with reasonable care in response to a request under subsection (1), the giving of the information is not—

(a)

a breach of confidence, professional etiquette, ethics or a rule of professional misconduct; or

(b)

a ground for a civil proceeding for defamation, malicious prosecution or conspiracy.

(4)

This section does not limit any other power of the assessor to obtain information for the purpose of the drug and alcohol treatment assessment.

(5)

A regulation may make provision in relation to the preparation and provision of drug and alcohol treatment assessments.

(6)

In this section:

information includes a document.

This Act’s bill:Explanatory statement Second reading speech

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