Queensland Law Society

Practice Direction 1 of 2018

Referral to the Drug and Alcohol Court – Drug and Alcohol Treatment Order (Treatment Order)

The above Practice Direction was issued by the Chief Magistrate on Thursday 25 January 2018 and applies to all matters heard after the commencement of Part 8A Penalties and Sentences Act 1992 on Monday 29 January 2018.

The Drug and Alcohol Court Form 1 Referral Form referred to in the Practice Direction and Referral Factsheet are now available on the courts website under Queensland Drug and Alcohol Court and Court Forms. The factsheet is not part of the Practice Direction but is included to assist practitioners.

Please note that while the Queensland Drug and Alcohol Court (QDAC) is in Brisbane, the court will be accepting referrals from Magistrates Courts across Queensland provided the defendant is able to reside within the Brisbane Magistrates Court boundary illustrated in the Referral Factsheet for the duration of the Treatment Order.

There are detailed eligibility and suitability assessments of defendants in QDAC following referral. Case conferencing and elections will be handled by dedicated prosecutors and duty lawyers in QDAC.

Please refer to paragraph 26 of the PD with regard to reoffending returning to QDAC.