Information for referrers - Drug and Alcohol Court

The Queensland Drug and Alcohol Court (QDAC) helps offenders with serious drug or alcohol problems linked to their crimes.

QDAC works with offenders who are at high risk of reoffending and may face jail time. Magistrates across Queensland can refer eligible defendants to QDAC.

To be eligible, the magistrate must believe the defendant could be sentenced to a Drug and Alcohol Treatment Order.

Who can refer someone to the Drug and Alcohol Court?

Referrals can be made by:

  • duty lawyers, Legal Aid Queensland (LAQ), Aboriginal and Torres Strait Islander Legal Service (ATSILS), or private lawyers
  • the defendant, their family or friends, or Court Link staff.

What are the eligibility requirements?

To be referred, a defendant must meet all the following criteria:

  • they are facing charges in a Magistrates Court and live (or intend to live) within the Brisbane Magistrates Court district (PDF, 632 KB)
  • they are an adult eligible for sentencing
  • they are charged with an eligible offence
  • they could face up to 4 years imprisonment after pleading guilty
  • they have a serious drug or alcohol issue connected to their offending behaviour.

QDAC health clinicians will evaluate the defendant’s substance use disorder as part of the process.

Plea of guilty: The defendant doesn’t need to plead guilty at referral but must intend to do so.

Eligible offences: An eligible offence is any offence that may be dealt with in the Magistrate’s Court. That is, a summary offence or an indictable offence dealt with summarily.

For the purposes of sentencing an offender to a Drug and Alcohol Treatment Order, an indictable offence that may be dealt with summarily has been extended under section 13A Drugs Misuse Act 1986 to include:

  • Section 6(1) (supplying a dangerous drug), if the offence is punishable under paragraph (c)
  • Section 8(1) (producing a dangerous drug), if the offence is punishable under paragraph (b)(i), (c) or (d)
  • Section 9 (Possessing a dangerous drug), if the offence is punishable under paragraph (b)(i) or (c).

Exclusions

A defendant is not eligible if they:

  • are serving a prison sentence (excluding suspended sentences or intensive correction orders) or
  • are on parole or have had parole cancelled or
  • are charged with sexual assault offences under:
    • Criminal Code, Chapter 22 (except sections 224–226).
    • Criminal Code, Chapter 32 (Rape and sexual assaults).

Offences involving violence are not automatically excluded. QDAC will assess the seriousness of the offence and any domestic violence risks.

How to refer a defendant

To refer a defendant, complete the Drug and Alcohol Court Form 1 Referral Form (DOCX, 396.6 KB).

Once the form is completed it is to be provided to the magistrate to seek an order for referral to the Drug and Alcohol Court,

What happens after a referral?

Once referred, the defendant will:

  • be represented by an LAQ lawyer (or their private lawyer if requested)
  • undergo an assessment by QDAC health clinicians to confirm a severe substance use disorder
  • have their eligibility reviewed by the police prosecutor and LAQ lawyer.

If eligible, the QDAC magistrate will adjourn the case for 28 days (or longer) for further suitability assessments by Queensland Health, Queensland Corrective Services, and Queensland Police.

Next steps for suitable defendants

If suitable, the defendant will:

  • be sentenced to a Treatment Order
  • join an intensive treatment program (residential rehabilitation or day program)
  • attend regular court reviews, case management meetings, and random drug and alcohol tests.

Defendant is not suitable

If unsuitable, the court may:

  • sentence the defendant under the law
  • refer them back to the original Magistrates Court
  • suggest other programs like Court Link or Murri Court.

Treatment Order

Custodial part

Up to four years imprisonment wholly suspended with an operational period of at least two years

Rehabilitation part

Two years unless extended or cancelled by the court

Core conditions

Treatment program

Contacts

Queensland Drug and Alcohol Court

Court address

Level 4
Brisbane Magistrates Court
363 George Street
Brisbane Qld 4000

Registry contacts

Address

GPO Box 1649
Brisbane Qld 4001

Phone

(07) 3738 7111

Email

drugandalcoholcourt@justice.qld.gov.au

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)

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