By Judge Jane Mottley -
Snapshot
- Two crucial New South Wales Drug Court reforms will come into force in early 2023. The reforms will increase program accessibility and create opportunities to keep drug dependent offenders out of the criminal justice system.
- Amendments to the Drug Court Regulation 2020 will allow all Local Courts and District Courts in NSW to refer eligible offenders to the Drug Court subject to certain criteria.
- The Drug Court has also been expanded to Dubbo. This reform is much welcomed, as Dubbo has long suffered the devastating criminal, social and health impacts of wide-spread illicit drug use.
In early 2023, two key NSW Drug Court reforms will increase program accessibility and opportunities for diversion of drug dependent offenders out of the criminal justice system. The first is an amendment to the Drug Court Regulation 2020 (‘the Regulation’) which will permit all Local Courts and District Courts in NSW to refer eligible offenders, who meet residence requirements, to the Drug Court. The second is the expansion of the Drug Court to Dubbo.
Referrals permitted from all Local and District Courts
From 12 January 2023, the power to make referrals to the Drug Court will be extended to all Local Courts and District Courts in NSW.
Previously, referrals were restricted to specified courts sitting in and around the catchment areas for existing Drug Court locations at Parramatta, Sydney and Hunter. An amendment to clause 6 of the Regulation now permits referrals to be made by any Local Court and District Court. In doing so, an historical barrier to program accessibility has been removed. An eligible person will now have access to the therapeutic benefits of the Drug Court program regardless of where they committed and are charged for an eligible offence.
