Penalties and Sentences Act 1992

A court may make a treatment order for an offender only if—

the offender—

has pleaded guilty to an eligible offence; and

resides within the court district of the court; and

the court—

considers it would be appropriate to sentence the offender to a term of imprisonment for the eligible offence; and

has received a suitability assessment report for the offender; and

is satisfied the offender has a severe substance use disorder; and

considers the offender’s severe substance use disorder contributed to the commission of the eligible offence; and

considers it is appropriate in the circumstances to make the treatment order for the offender.

If an order of the Supreme Court or a District Court is in force that imposes a sentence on the offender for another offence, the court must have regard to the order in deciding whether or not it is appropriate to make a treatment order for the offender.

In this section—court district, of a court, means the district within which the court is held, as provided for under the Justices Act 1886, section 22B.