The Queensland Drug and Alcohol Court (QDAC) helps adult defendants with severe substance use disorder where the use played a part the offending behaviour. It provides treatment and supervision to reduce substance use and offending behaviour.
Eligibility
To be eligible for QDAC, a participant:
- must be an adult (18 years or older)
- must live or intend to live in the Brisbane Magistrates Court boundary (PDF, 632 KB)
- must intend to plead guilty in a Magistrates Court
- is likely to be sentenced to jail for up to four years
- must indicate they have severe problem with drugs or alcohol that played a part in their offending.
A participant must not:
- be serving a prison sentence
- be on parole
- have been charged with sexual assault offence/s.
How to go to QDAC
Referral
A referral can happen any time before sentencing.
Duty lawyers, Legal Aid Queensland (LAQ) lawyers, Aboriginal and Torres Strait Islander Legal Service (ATSILS) lawyers, or private legal representatives can ask for the defendant to be considered for the Drug and Alcohol Court by completing a Drug and Alcohol Court Form 1 Referral Form and providing it to the court.
Other people, including the defendant, their family or friends, and Court Link staff, can also request a referral.
If eligible, any magistrate in Queensland may refer the defendant to the Drug and Alcohol Court in the Brisbane Magistrates Court for an eligibility mention as long as the person lives or intends to live in the boundaries linked above.
Assessment
At the eligibility mention, the QDAC Magistrate will determine eligibility based on information provided by the QDAC team, including advice from a health clinician, police prosecutors and defence lawyers .
If a defendant is eligible, the matter will be adjourned for at least 28 days while a suitability assessment is undertaken by Queensland Health and Queensland Corrective Services.
Outcome
If determined suitable by the QDAC Magistrate, the defendant is sentenced to a Drug and Alcohol Treatment Order.
Once the defendant is sentenced to Drug and Alcohol Treatment Order, they will be represented by a lawyer from LAQ for the period of the order.
If the defendant is not suitable, the court may:
- refer them to other court-based programs such as Court Link or Murri Court,
- sentence the defendant in accordance with law,
- or refer the defendant back to the originating Magistrates Court.
Drug and Alcohol Treatment Orders
A Drug and Alcohol Treatment Order is a prison sentence of up to four years, wholly suspended while the offender completes a two year treatment program. The treatment addresses substance use as well as offending behaviour.
The Treatment Order has strict conditions requiring participants to attend an engage with treatment and supervision, regularly appear at court, be tested for drug and/or alcohol use, and follow all court instructions.
The Treatment Order is delivered in three phases with participants able to move up or down the three phases. Each phase has targeted treatment, support, actions, goals and life focus.
The QDAC Information Handbook provides further details on QDAC and Treatment Orders.
What to expect when going to QDAC
QDAC has its own magistrate and a team of people to help participants during the duration of the Treatment Order. This team includes:
- Queensland Health clinicians to provide alcohol and other drug treatment
- Queensland Corrective Services officers who will supervise and monitor progress
- A Cultural Liaison Officer who supports participants who identify as Aboriginal and/or Torres Strait Islander
- Lawyers from LAQ to provide legal advice
- Prosecutors from the Queensland Police Service
- Department of Justice court officers.
QDAC participants regularly go to court to support them to stay on track. The magistrate knows who the participants are, and the QDAC team working with participants tell the court how they are progressing.
Video of process
To see the possible pathways of a person through the Queensland Drug and Alcohol Court, watch the interactive video on the Queensland Sentencing Advisory Council website.
Forms
Drug and Alcohol Court forms:
Contacts
Queensland Drug and Alcohol Court
Legal Aid Queensland
Phone: 1300 65 11 88 (Monday to Friday, 8:30am to 5:00pm)
Aboriginal and Torres Strait Islander Legal Service
Phone: 1800 012 255 (7 days / 24 hours)
Resources
