Australian Indigenous Law Reporter
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Australian Indigenous Law Reporter |
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Act No 1 of 2006
Assented to 8 March 2006
On 1 December 2005, the Alcohol Court Bill 2005 (NT) (‘the Bill’) was introduced into Parliament by the Attorney-General of the Northern Territory, Dr. Peter Toyne, as part of an Anti-Social Behaviour Legislation Package. The Alcohol Court Act 2006 (the ‘Act’) was passed on 21 February 2006.
The Act establishes an Alcohol Court with the jurisdiction to make orders on a two-tiered basis. The Court may order either an ‘Alcohol Intervention Order’ or ‘Prohibition Order’ depending on the seriousness of the offence. Section 14 of the Act provides that persons eligible for the more serious Alcohol Intervention Order must appear to the court to be dependent on alcohol and must plead guilty to the offences for which they are charged, be highly likely to go to jail, appear to be dependent on alcohol, and elect in writing to go before the Court. Section 16 of the Act defines an Alcohol Intervention Order as a sentencing order, with the primary purpose of facilitating rehabilitation of the offender, reducing the commission by the offender of offences associated with alcohol dependency, and reducing the offender’s health risks associated with alcohol dependency. The court is empowered by s 20 to sentence an offender who meets the eligibility requirements for a period of not more than 12 months of supervision and treatment for alcohol dependency. Section 28 provides that a gaol sentence of up to 14 days may be ordered if an order is breached.
‘Prohibition Orders’ are not sentencing orders and may be ordered for those offenders not facing a sentence of imprisonment. Under these orders, an offender may be forbidden to consume alcohol or enter licensed premises and may include a requirement that the offender undergo treatment for alcohol dependency. There is no provision in the Act as to the consequences of breach of a prohibition order.
Christopher Howse
Executive Officer
Aboriginal Justice Advocacy Committee, Northern Territory
…
The purpose of this Act is to establish a court with enhanced powers to make orders in respect of people with alcohol dependency who have been found guilty of committing certain offences —
(a) to provide increased opportunity for rehabilitation; and
(b) to reduce the commission of offences associated with alcohol dependency; and
(c) to reduce risks and harm associated with alcohol dependency.
…
(1) A relevant offence is an offence the CSJ has jurisdiction to hear and determine in a summary manner.
However, the Regulations may specify that a particular offence is not a relevant offence for this Act.
(1) The Alcohol Court is established.
(2) The Court is constituted by the Chief Magistrate and any other magistrates appointed by the Chief Magistrate.
(3) The Court is a court of record and has a seal that must be affixed to all process issued out of the Court.
(1) The jurisdiction of the Court is exercisable by a magistrate sitting alone.
(2) The Court has the following jurisdiction:
(a) to conduct proceedings, to take guilty pleas and to make findings of guilt in respect of persons referred to the Court;
(b) to decide whether to make alcohol intervention orders in respect of persons referred to the Court under Part 3 and to make those orders when appropriate;
(c) to decide whether to make prohibition orders in respect of persons referred to the Court under Part 4 and to make those orders when appropriate;
(d) to make sentencing orders under the Sentencing Act to the extent it applies in relation to a proceeding;
(e) to make any other orders necessary or convenient to be made by the Court, including orders under the Justices Act and Bail Act to the extent they apply in relation to a proceeding;
(f) to issue process and receive oral or documentary evidence.
(3) The Court has the powers necessary to enable it to exercise its jurisdiction, including the powers of a magistrate under the Justices Act and Bail Act.
(4) The Court does not have jurisdiction to conduct a proceeding or make an order in respect of a person under (or apparently under) 18 years of age or who is alleged to have committed a relevant offence while under (or apparently under) 18 years of age.
…
Subject to this Act, the Regulations and any rules or practice directions made or issued under section 43, the Court may –
(a) regulate its own procedure; and
(b) apply or use (with the necessary changes) a relevant procedure or form applicable or in use under the Sentencing Act, Justices Act or Bail Act.
…
(1) A party to a proceeding may appeal to the Supreme Court against–
(a) an alcohol intervention order, a prohibition order or a sentencing order; or
(b) any other order or adjudication of the Court on a ground involving an error or mistake on a matter or question of fact alone, of law alone, or of both fact and law.
(1) A person who appears before the CSJ charged with a relevant offence is eligible for referral to the Court under section 15 if all the following circumstances apply:
(a) the person has pleaded guilty to the relevant offence or has indicated an intention to plead guilty;
(b) the person has not been sentenced for the relevant offence;
(c) it is highly likely on the facts alleged and the person’s criminal history that, on finding the person guilty of the relevant offence, the CSJ would record a conviction and order the person to serve a term of imprisonment;
(d) on information available to the CSJ, the person appears to be dependent on alcohol;
(e) the person has stated in writing that the person is willing to be referred to the Court for a decision about whether an alcohol intervention order should be made and, if such an order is made, the person will comply with the order;
(f) the person satisfies any criteria specified by the Regulations.
(2) If the offender is before the CSJ charged with multiple relevant offences, the offender is eligible for referral to the Court if –
(a) all the circumstances referred to in subsection (1) apply in relation to at least one of the offences; and
(b) the circumstances referred to in subsection (1)(a) and (b) apply in relation to all the other offences.
(3) Subsections (1) and (2) apply even if any of the relevant offences were committed, or the person was charged with any of the relevant offences, before the commencement of this section.
(4) A person is not eligible for referral to the Court if any of the following circumstances apply:
(a) a parole order under the Parole of Prisoners Act is in force in respect of the person;
(b) a sentencing order under section 7(g) or (h) of the Sentencing Act is in force in respect of the person;
(c) an alcohol intervention order is in force in respect of the person;
(d) the person is excluded by the Regulations.
…
An alcohol intervention order is a sentencing order, the primary purpose of which is –
(a) to facilitate the rehabilitation of the offender; and
(b) to reduce the commission by the offender of offences associated with alcohol dependency; and
(c) to reduce the offender’s health risks associated with alcohol dependency.
(1) Before deciding whether to make an alcohol intervention order in respect of an offender, the Court must order an assessment report.
(2) The Court may adjourn the proceeding and make the orders the Court considers necessary.
(1) The Court may make an alcohol intervention order in respect of an offender if all the following circumstances apply:
(a) the CSJ or Court has found the offender guilty of a relevant offence and recorded a conviction;
(b) a sentence of imprisonment would be an appropriate sentence for the relevant offence if an alcohol intervention order were not to be made;
(c) the offender is dependent on alcohol;
(d) the offender’s dependency on alcohol contributed to the commission of the relevant offence;
(e) the offender satisfies all other requirements of eligibility for referral specified in section 14.
(2) In satisfying itself about anything referred to in subsection (1), the Court is not bound by the rules of evidence and may inform itself in the manner it considers appropriate.
…
(1) An alcohol intervention order is an order that the offender –
(a) is sentenced to a term of imprisonment, for a period not exceeding 2 years, that is suspended wholly or partly; and
(b) for a period not exceeding 12 months –
(i) must undergo treatment for alcohol dependency; and
(ii) is subject to the supervision of the Director of Correctional Services and the conditions imposed under this section.
(2) An alcohol intervention order must include all the following conditions, to apply during the full period of the treatment and supervision component:
(a) the offender must remain in the Territory;
(b) the offender must not, in the Territory or elsewhere, commit an offence punishable by imprisonment;
(c) the offender must not consume alcohol;
(d) the offender must undergo the specified treatment for the specified period;
(e) the offender must report to and obey the directions of the Court, the Director of Correctional Services or a court clinician, as specified by the order;
(f) the offender must comply with any requirement of a probation officer.
(3) The Court may impose any other conditions it considers appropriate, to apply during part or all of the period of the treatment and supervision component, including any of the following:
(a) the offender must undertake education or employment courses or other types of rehabilitation programs;
(b) the offender must submit to medical, psychiatric or psychological treatment;
(c) the offender must reside at specified premises;
(d) the offender is subject to a specified curfew.
…
If the Court decides not to make an alcohol intervention order in respect of an offender, the Court may–
(a) sentence the offender for the relevant offence; or
(b) refer the offender to the CSJ for sentencing.
(1) On its own initiative or on application, the Court may review the treatment and supervision component of an alcohol intervention order.
(2) The offender, a police officer or a prosecutor may apply to the Court for a review of the treatment and supervision component.
…
(1) A police officer who suspects on reasonable grounds that an offender has contravened the treatment and supervision component of an alcohol intervention order may, without warrant, arrest the offender to appear before the Court.
(2) For sections 137 and 138 of the Police Administration Act, a contravention of the treatment and supervision component of an alcohol intervention order is taken to be an offence.
(1) If the Court is satisfied an offender has contravened the treatment and supervision component of an alcohol intervention order, the Court may make one of the following orders, as appropriate in the circumstances:
(a) an order committing the offender to prison for a period not exceeding 14 days;
(b) an order revoking the treatment and supervision component and ordering the offender to serve all or part of the term of imprisonment suspended under the sentencing component;
(c) an order revoking the alcohol intervention order and sentencing the offender for the relevant offence.
(2) The order may be made even if the alcohol intervention order is no longer in force.
A prohibition order is an order, the primary purpose of which is –
(a) to facilitate the rehabilitation of the offender; and
(b) to reduce the commission by the offender of offences and reduce other harm associated with the offender’s alcohol dependency; and
(c) to reduce the offender’s health risks associated with alcohol dependency.
…
(1) A prohibition order may include one or both of the following orders:
(a) the offender must not, for a period not exceeding 12 months, consume alcohol or enter or remain on licensed premises, except as specified in the order;
(b) the offender must undergo specified treatment for alcohol dependency as recommended by the assessment report about the offender.
(1) If the Court decides to make a prohibition order in respect of an offender, it must also sentence the offender for all the relevant offences being dealt with in the proceeding.
(2) The Court may, for a period not exceeding 6 months, adjourn the sentencing of the offender for the relevant offences.
If the Court decides not to make a prohibition order in respect of an offender, the Court must–
(a) sentence the offender for all the relevant offences being dealt with in the proceeding; or
(b) refer the offender to the CSJ for sentencing.
The full text of this Act is available online at
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URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/2006/32.html