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Delivery of the program (Court Mandated Diversion)

Sentencing to a Drug Treatment Order (DTO) is a decision made by the court.

A DTO includes conditions to support change and assists the participant in abstaining from drug use.

A DTO includes a custodial component. The custodial component is a term of imprisonment imposed by the court for the offences attached to the DTO. The custodial part is 'on hold' while the participant maintains engagement with Court Mandated Diversion (CMD) and complies with the conditions of the order.

Should the participant no longer meet these standards, the court can activate the custodial component of the sentence.

Although the court must review it 24 months from the commencement date, a DTO has no set time limit. Usually, participants will take between 18 and 24 months to complete the program.

A DTO has three different phases. Progression through the phases is a result of the participant's performance. The three Phases are:

  • Stabilisation
  • Consolidation
  • Reintegration

Many different people are involved in the delivery of the program.

The Magistrate or Judge

The Magistrate / Judge may ask an offender if they are willing to be assessed for the program and refer the offender for that assessment. When the Magistrate / Judge has all the information needed, they will decide whether the offender is sentenced to the program.

The Magistrate / Judge has an ongoing role in reviewing the progress of individuals on a DTO through regular court appearances. They will ask the Court Diversion Officer (CDO) to provide progress reports about the offender's participation in the program for each court review.

The Court Diversion Officer

Upon being referred for assessment to the CMD program, the first person an offender is likely to meet is a CDO. This person screens the offender for entry into the program and explains details of the program.

The CDO will arrange for the defendant to undertake various assessments. The CDO will ask the defendant questions about previous and current drug use, criminal activity and other details about their lifestyle. These questions allow the CDO to decide whether a person is suitable for the program and which type of treatment interventions will suit their needs.

When the court has ordered an offender to undertake the CMD program, they will be referred back to the CDO.

The CDO is the case manager. The CDO will work with the offender to ensure that the offender meets their goals and receives the various services identified as necessary in the assessment stage.

The CDO provides information to the court about a person's progress during their treatment program.

Treatment providers

The CDO will refer the offender to counsellors, residential rehabilitation, detoxification and other drug treatment providers or other welfare agencies who will provide the services needed by the individual.

Last updated: 8 August 2022