Crimes (Sentencing) Act 2005

The court may cancel a treatment order if it is satisfied on the balance of probabilities that—

before the order was made, inaccurate or misleading information about the offender or the offender’s circumstances was given to the court or an assessor who prepared a drug and alcohol treatment assessment in relation to the offender, and as a result of the information, the making of the order was inappropriate; or

the offender will not be able to comply with a condition of the offender’s treatment order because the circumstances of the offender have materially changed since the order was made; or

the offender is unwilling or unlikely to comply with a condition of the offender’s treatment order; or

the continuation of the treatment and supervision part of the order is not likely to achieve the objects of the order; or

the offender withdraws the offender’s consent to the treatment order; or

the offender poses an unacceptable risk to the safety or welfare of a person.

If the court decides to cancel a treatment order under subsection (1) the court must make an order cancelling the treatment order and, taking into account the extent to which the offender has complied with the treatment and supervision part of the order, either—

impose the sentence of imprisonment that was suspended under the custodial part of the treatment order; or

if the court considers it appropriate in the circumstances—resentence the offender for each offence in relation to which the treatment order was made and in any way in which the court could deal with the offender if it had convicted the offender of each offence at the time of resentencing, other than by making an order under section 12A (Drug and alcohol treatment orders).

If the court orders the imposition of a sentence of imprisonment under this section, the court—

must order whether the offender is to serve all or part of the sentence by full-time detention at a correctional centre; and

may reduce the sentence by any period served in custody under the treatment and supervision part of the treatment order, taking into account the extent to which the offender complied with that part of the order.

The court may make an order under this section on its own initiative or on application by—

the offender; or

the director of public prosecutions; or

a member of the treatment and supervision team; or

a person prescribed by regulation.

This section applies in addition to section 80ZB and section 80ZD.

If the court makes an order under this section, the court must, as soon as practicable after the order is made, ensure that written notice of the order, together with a copy of the order, is given to—

the offender; and

any other person the court considers should receive the notice.

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