Drug Court of New South Wales
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Policy 1: Drug Court Team Meetings

Last Reviewed May 2006

1. Purposes of Policy
    1.1 To clarify the purposes, structure and content of Drug Court team meetings.

2. Definitions

Drug Court teammeans 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), (formerly Probation and Parole) and the Clinical Nurse Consultant who are attached to the Drug Court, and/or the alternate for each.
participantmeans a person dealt with under section 7(2) and (3) of the Act.
treatment plan means a plan for therapeutic intervention to address an offender’s drug dependency and related health needs

3. Policy
    3.1 Generally, on any day that the Drug Court sits to consider the progress of participants, a Drug Court team meeting will precede the sitting. At that meeting, the Drug Court team will discuss each of the cases listed for that day.

    3.2 Each Drug Court team meeting is open to members of the Drug Court team, and any invitee of the Drug Court team. Interested persons such as treatment providers or case managers may ask to be present at a meeting.

    3.3 If a participant has private legal representation, his or her case will not be discussed at a Drug Court team meeting unless the legal representative is present (in person or via conference telephone) or does not wish to be present during discussion about the participant’s case.

    3.4 Except in very special circumstances, no offender/participant will be present at a Drug Court team meeting when his or her case is discussed.

    3.5 At Drug Court team meetings, the Drug Court team will discuss matters relating to the special functions conferred on the Drug Court, including:

      (1) whether an offender appears to be eligible
      (2) treatment plans (implementation and variation)
      (3) other conditions of Drug Court programs
      (4) appropriate rewards and/or sanctions
      (5) prison accommodation arrangements
      (6) logistical matters, eg the need to call in outstanding charges and the status of matters before the Parole Authority of New South Wales

    3.6 At Drug Court team meetings, the Drug Court team will not discuss sentencing matters (except to the extent necessary in relation to 3.5 above)

    3.7 At Drug Court team meetings, the presiding Drug Court Judge may be furnished with documents which the ODPP solicitor, the LAC solicitor or a private legal representative proposes to tender by consent.

    3.8 The purpose of the Drug Court team meeting about a participant is to reach consensus on any changes to the treatment plan and to identify any contentious issues.

    3.9 A Drug Court team meeting will be chaired by the Drug Court Judge who will be presiding in the Drug Court on that day.

    3.10 The Clinical Nurse Consultant is responsible for informing the Drug Court team meeting about drug dependency and treatment matters.

    3.11 The Probation and Parole coordinator is responsible for informing the Drug Court team meeting about accommodation and compliance with supervision, parole issues, Community Service Orders and other orders.

    3.12 The DPP solicitor and the Police Prosecutor are responsible for informing the Drug Court team meeting about offence matters, or any contact between police and the Drug Court participant that may affect the Drug Court participant’s performance on program.

    3.13 Justice Health, through the Clinical Nurse Consultant, is responsible for informing the Drug Court team meeting about prison accommodation matters.

    3.14 The Registrar is responsible for informing the Drug Court team meeting about any issues regarding drug testing at any locations and will inform the Drug Court Team regarding compliance with drug testing regimes, especially participants on Phase 2 and Phase 3.



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