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Where am I now? Lawlink > Drug Court of New South Wales > Policies and Practices > Policy 5: Place of Residence
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Policy 5: Place of Residence
Last Reviewed May 2006
1. Purposes of Policy
1.1 To ensure that a participant does not reside in the community unless a suitable residence is available.
1.2 To clarify the circumstances under which participants can take part in a Drug Court program although not residing within the usual area of the Court’s operation.
2. Definitions
| Act |
means the Drug Court Act 1998
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| Case manager | means a Community Offender Service officer assigned to a participant. |
| Case management plan | means a plan for supervision of a participant by the Community Offender Service. |
| Drug Court | means the Drug Court of N.S.W. |
| Drug Court program | means the conditions accepted by the participant and imposed by the Court under section 7(3)(a) of the Act. |
| Drug Court team | means Drug Court Judge, the Registrar, the Legal Aid Commission (LAC) solicitor, the solicitor from the Office of the Director of Public Prosecutions (ODPP), the Police Prosecutor, the Community Offender Service (COS) coordinator (formerly Probation and Parole), the Clinical Nurse Consultant and the Senior Judge’s associate who are attached to the Drug Court, and/or the alternate for each. |
| COS | means the Community Offender Service (formerly Probation and Parole). |
| Participant | means a “drug offender” as defined in the Drug Court Act 1998 |
| Treatment plan | means a plan for therapeutic intervention to address an participant’s drug dependency and related health needs. |
| Treatment provider | means a participant’s principal ongoing treatment provider. |
3. Policy
3.1 Prior to a participant being placed on a Drug Court program which requires that the participant reside at a private residence, the Drug Court team will consider the suitability of the residence.
3.2 Generally, the suitability of a private residence will be considered only after the Community Offenders Service has visited the residence, has spoken to the principal residents, and has made a recommendation concerning the suitability of the residence. The recommendation will be provided to the court in writing.
3.3 When speaking to the principal residents, the Community Offender Service will inform them of the main requirements of the participant's Drug Court program.
3.4 Generally, a private residence is unsuitable;
(a) if the principal residents
- do not know that the participant is undertaking a Drug Court program,
- are not willing to have the participant reside at the residence, or a current Apprehended Domestic Violence Order prevents the participant residing at that address,
- are not prepared to cooperate with the participant's case manager and treatment provider, or
(b) if any child protection concerns of the Department of Community Service cannot be addressed,
(c) if occupied or frequented by a person reasonably suspected of engaging in criminal activity
3.5 In urgent circumstances, a case manager may approve a temporary change of residence, provided the approval is given prior to the change and the participant is directed to attend the Drug Court at the first reasonable opportunity for further consideration of the change. Consideration must be given to any current Apprehended Violence Orders and any conditions which may prevent the participant residing at that address.
4. Residence out of area
4.1 Applications for out of area placement
4.1.1 The Court can consider an application by a participant to reside out of the area specified in clause 5 of the Drug Court Regulation 1999.
4.1.2 A participant may not move out of area without the prior approval of the court.
4.2 Residential rehabilitation centres – Out of area
4.2.1 If the application is to be placed in a residential rehabilitation centre approval will be dependent upon:
(a) The rehabilitation centre meeting the Court’s requirement for treatment and supervision of participants, and
(b) Appropriate funding arrangements being in place.
4.3 Community based program – Out of area
4.3.1 If the application is to reside in the general community, approval will be dependent upon:
(a) The participant having been compliant with their program, and
(b) Community Offender Service being able to provide a suitable level of supervision to the participant, and
(c) Arrangements being made for the provision of an appropriate level of supervised drug testing, and
(d) Appropriate arrangements being made for the provision of addiction counselling and treatment, including pharmacotherapy where needed.
4.3.2 The Court may also permit emergency and short term accommodation arrangements to be made when necessary.
4.4 Continuing obligations
4.4.1 It will remain a requirement for a participant to regularly report to the Drug Court in person, although the frequency of reporting may be reduced.
4.4.2 In the event of unsatisfactory compliance with a program by a participant living ‘out of area’, or of a cessation of any of the requirements mentioned in 4.2 or 4.3 above, the participant may be required to return to an appropriate address within the Court’s usual area, or to return to custody in accordance with s8A of the Act until a suitable treatment plan can be prepared.
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