Queensland Consolidated Acts

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DRUG COURT ACT 2000 - SECT 36A

36A Drug court magistrate must consider views of drug court team

(1) This section applies if a drug court magistrate is making a decision (a relevant decision) about any of the following matters--

(a) whether an offender's rehabilitation program should include medical, psychiatric or psychological treatment (health treatment);
(b) what matters should be included in an offender's rehabilitation program about the offender's health treatment;
(c) where the offender should be placed for health treatment, including, for example, in a residential rehabilitation facility, an outpatient facility or with a particular service provider;
(d) how often the offender should meet with the persons providing or supervising the offender's rehabilitation program, including health treatment;
(e) how often the offender should appear before a drug court magistrate;
(f) whether or not to give a reward to, or impose a sanction on, an offender;
(g) whether or not an intensive drug rehabilitation order or a rehabilitation program for an offender should be amended;
(h) whether or not an intensive drug rehabilitation order for an offender should be terminated.

(2) The drug court magistrate must consider the views of the members of the offender's drug court team in making the relevant decision.

(3) In this section--

drug court team, for an offender, means the persons who--

(a) act for an interested entity; and
(b) attend a hearing at which a relevant decision is made about the offender.

interested entity means any of the following--

(a) Legal Aid (Queensland);
(b) a prosecuting authority;
(c) the department in which the Corrective Services Act 2000 is administered;
Editor's note--
Corrective Services Act 2000--see the Acts Interpretation Act 1954, section 14H and Corrective Services Act 2006.
(d) the department in which the Health Services Act 1991 is administered.


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