The definition of ‘violent conduct’ for Drug Court program access

Abstract

Neither ‘violent conduct’ nor ‘charged’ are defined in the founding New South Wales (NSW) drug court legislation in relation to the definition of an ‘offence involving violent conduct’ as defined in s 5(2)(b) of the Drug Court Act 1998. Accordingly, the court has relied upon the case law interpretation which has triggered much debate in NSW. The fundamental point of debate is whether the concept relates to the ‘elements’ of the offence or the alleged physical ‘conduct’ of the referral to the Drug Court program. This article aims to identify and outline the lack of clarity that has arisen from this legislation. It is argued that the eligibility exclusion outlined in s 5(2)(b) should be reviewed for possible statutory amendment to target the most appropriate offenders and maintain the success of the Drug Court.