Crimes (Sentencing) Act 2005

The court must not make a treatment order for an offender unless the court has considered—

a pre-sentence report, if any, prepared for the offender in the proceeding; and

a drug and alcohol treatment assessment for the offender.

In deciding whether to make a treatment order for the offender, the court must consider the following:

any recommendations in the drug and alcohol treatment assessment;

any medical report about the offender given to the court;

any evidence given by an assessor who prepared the drug and alcohol treatment assessment;

any evidence given, or submission made, by a member of the treatment order team about the offender.

Subsection (2) does not limit the matters that the court may consider.

In considering the drug and alcohol treatment assessment, the court must consider any indicators of unsuitability mentioned in table 46K, column 3 that are stated in the assessment to apply to the offender.

The court may make, or decline to make, a treatment order for the offender despite—

any recommendation in the drug and alcohol treatment assessment; or

any evidence given by the person who prepared the drug and alcohol treatment assessment; or

any evidence given, or submission made, by a member of the treatment order team.

The court must record reasons for its decision to make, or decline to make, a treatment order for the offender if the drug and alcohol treatment assessment recommends that the offender—

is suitable but the court decides not to make a treatment order for the offender; or

is not suitable but the court decides to make a treatment order for the offender.

Failure to comply with subsection (6) does not invalidate the treatment order.