Crimes (Sentencing) Act 2005

The court may review a treatment order for an offender at any time and for any reason if it is satisfied the review is in the interests of justice.

The court may also review the offender’s bail at any time, see the Bail Act 1992, s 41A.

The court may review a treatment order—

on its own initiative; or

on application by—

the defence; or

any other member of the treatment order team.

The court may carry out a review under this division in any way it considers appropriate.

However, the court must conduct a hearing for a review in which the court is considering making an order under—

section 80ZB (1) (e) provisionally cancelling the suspension of a sentence under a treatment order; or

section 80ZB (1) (f), section 80ZD (4) (a) or section 80ZE (2) (a) cancelling the treatment order; or

section 80ZB (1) (g), section 80ZD (4) (b) or section 80ZE (2) (b) cancelling the treatment order and resentencing the offender.

An entity mentioned in subsection (2) (b) may appear at a hearing of the review.

The court may, on the review, confirm or amend the order as the court considers appropriate.

If the court amends the order, the court must, as soon as practicable, ensure that written notice of the review decision, together with a copy of the amended treatment order is given to—

the offender; and

any other person who the court considers should receive the notice.

Failure to comply with subsection (7) does not invalidate the order as amended.

In this section:

any lawyer representing an offender; or

if the offender is not legally represented—the offender.