Controlled Substances Act 1984

A prosecution for a simple possession offence alleged to have been committed by a person cannot proceed unless the person has been referred to an assessment service under this Division and the referral has been terminated by the service.

The fact that a person alleged to have committed a simple possession offence participates in an assessment or enters into an undertaking under this Division does not constitute an admission of guilt, and will not be regarded as evidence tending to establish guilt, in relation to the alleged offence.

If the referral of a person is terminated under this Division, evidence—

of anything said or done by the person in the course of being assessed or carrying out an undertaking; or

of the reasons for the termination, is not admissible in any proceedings against the person for the alleged offence.

On the expiry of an undertaking under this Division, the person who entered into it is immune from prosecution for the alleged offence to which the undertaking related.