R v Po'oi (No 5)

[2023] ACTSC 413

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Po’oi (No 5)

Citation: 

[2023] ACTSC 413

Hearing Date: 

22 August 2023

Decision Date: 

22 August 2023

Before:

Refshauge AJ

Decision: 

Daniel Ronald Po’oi be granted bail to appear on 11 September 2023 at 10:00am on the following conditions:

(1)   That he reside at [redacted] during the bail period.

(2)   That he be at his place of residence between the hours of 8.00 pm each day and 9.00 am the next day and present himself to the front door of the residence if requested to do so by a member of the Australian Federal Police during those hours.

(3)   That, until he enters the Canberra Recovery Service residential drug rehabilitation facility, he not leave his place of residence except in the company of his mother, Ms Ann Po'oi, and remain in her company until he returns to his place of residence.

(4)   That he accept the supervision of the Commissioner of ACT Corrective Services or his delegate, referred to in these conditions as 'the person supervising him', and obey all reasonable directions of the person supervising him.

(5)   That he not consume alcohol, cannabis, illegal drugs or any prescription drugs not prescribed for him.

(6)   That he submit to urinalysis, drug testing and breath analysis if directed by the person supervising him and not return a positive result on any of the testing.

(7)   That he report to Belconnen Police Station each day between the hours of 9.00 am and 7.00 pm.

(8)   That he contact Canberra Recovery Service within two business days after release on bail and make arrangements as soon as reasonably practicable to be assessed for admission to its residential drug rehabilitation program and admit himself to any day program, including at the Canberra Recovery Hub, in the meantime, if offered to him, pending his admission to enter the residential drug rehabilitation program.

(9)   That he admit himself to the Canberra Recovery Service residential drug rehabilitation facility as soon as a place is available and advise the person supervising him of the date of his admission to the program within one business day of him being advised of this.

(10)    That he advise the staff of Canberra Recovery Services when he commences counselling at the day program and at the residential drug rehabilitation program that he consents to them providing to the person supervising him, on request by that person, any information about the counselling provided to him or his progress in and performance at any programs in which he is engaged with them.

(11)    That he continue to engage in counselling with Karralika Programs Incorporated as long as it is available to him.

(12)    That he advise the staff of Karralika Programs Incorporated that he consents to them providing to the person supervising him, on request by that person, any information about his engagement with counselling with Karralika and Solaris Outreach Case Management.

(13)    That he not drive a motor vehicle, be in the driver's seat of a motor vehicle or have in his possession the keys to a motor vehicle.

(14)    Despite condition 3, he not be required to be in the presence of his mother when he is:

(a)   in the presence of the person supervising him; or

(b)   in the presence of any counsellor of Canberra Recovery Services or Karralika Programs Incorporated, but must be in her presence when travelling to and from such appointments.

(15)    That he attend Court when directed by the Court from time to time.

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Bail – application for bail – sentence delayed – past compliance issues with Drug and Alcohol Treatment Order – completed rehabilitation programs while in custody - opportunity for Participant to demonstrate transition into community – bail granted under strict conditions

Legislation Cited: 

Crimes (Sentencing) Act 2005 (ACT) s 12A

Bail Act 1992 (ACT) s 9A

Cases Cited: 

Amos v McCarron (No 2) [2017] ACTSC 46

R v Blackburn (No 3) [2021] ACTSC 337

R v Ngerengere (No 3) [2016] ACTSC 399
R v Po’oi [2021] ACTSC 151

R v Po'oi (No 2) [2021] ACTSC 340

R v Po’oi (No 3) [2021] ACTSC 354

R v Po’oi (No 4) [2022] ACTSC 198

Saga v Reid and Collett [2010] ACTSC 59

Parties: 

Director of Public Prosecutions ( Crown)

Daniel Ronald Po’oi (Participant)

Representation: 

Counsel

L Etheredge ( Crown)

A Duffy (Participant)

Solicitors

Director of Public Prosecutions ( Crown)

ACT Legal Aid (Participant)

File Numbers:

SCC 276 of 2020

SCC 277 of 2020

SCC 309 of 2021

SCC 310 of 2021

SCC 79 of 2023

SCC 80 of 2023

REFSHAUGE AJ:     

1․Many of the participants in the Supreme Court's Drug and Alcohol Sentencing List are living examples of what the Court described in Saga v Reid and Collett [2010] ACTSC 59 (Saga) at [89]:

… In my view, it can be accepted that drug addiction is such that it can take a number of failed attempts at rehabilitation before it is successful. It is hard work and there is no short cut or quick fix. It can take some time, and some failures, before an offender addict manages to break through the barriers to achieve a more effective rehabilitation. 

2․Daniel Ronald Po'oi is a very appropriate example of this description. He first came into the Drug and Alcohol Sentencing List on 4 December 2020. On 8 February 2021 a Drug and Alcohol Treatment Order (Treatment Order) under s 12A of the Crimes (Sentencing) Act 2005 (ACT) (Sentencing Act) was made for him to serve the sentence of imprisonment then imposed: see R v Po’oi [2021] ACTSC 151. He had been convicted of aggravated burglary, burglary, dishonestly taking a motor vehicle without consent and possessing a knife.

3․In R v Po'oi, his prior experience of alcohol, tobacco and other drug treatment was described as follows:

82.He [Mr Po'oi] has had a number of attempts at rehabilitation. He has consumed methadone on and off for the past 10 years and was consuming the drug prior to his period of incarceration. He kept running into associates at the clinic and felt he should stop, therefore, attending the clinic, and so consuming methadone, which he did. He was prescribed Buvidal but used his last dose in October 2020. He is now free of pharmacotherapy and wishes to abstain from it from now on.

83. Mr Po'oi has had some withdrawal and drug rehabilitation. It first occurred after a period of custody when he was 18 years old. He underwent detoxification in Orange, New South Wales, after release and then entered the Lyndon House of the Lyndon Community at Canowindra, New South Wales. He only stayed for 50 days and then returned to Canberra for Court, but was not permitted to return to the Lyndon community.

84. In 2006, he spent seven days at The Glen Drug and Alcohol Rehabilitation Centre at Chittaway Point, New South Wales. He transitioned for a period to its halfway house. He has had some counselling with Karralika Therapeutic Community, Canberra, and, in custody, he saw a counsellor from Directions Health Services about once a fortnight for eight sessions.

85. In July 2020, he entered the Solaris Therapeutic Community Program at the Alexander Maconochie Centre. He graduated on 13 November 2020 and has continued working to ensure that he has the correct supports in place on his release into the community. He is described as having ‘worked exceptionally hard to challenge himself for positive change and growth and to implement new strategies’. He has remained with the Solaris Therapeutic Community after graduation to take advantage of the supportive, stable environment.

4․Under the Treatment Order, he undertook the Residential Drug Rehabilitation Program of Canberra Recovery Services, an agency and program described in R v Ngerengere (No 3) [2016] ACTSC 399 at [20].

5․Initially, he progressed well, being described as 'moving through the program well': R v Po’oi (No 3) [2021] ACTSC 354 at [10]. Unfortunately, that did not last. On 15 March 2021 he discharged himself. He did return to Court and sought, against advice, to continue his treatment in the community. That was permitted: R v Po'oi (No 2) [2021] ACTSC 340.

6․He battled with drug use in the community in the following months and by 11 June 2021 it was clear that he was no longer able to rehabilitate in the community. He sought to re-enter the Canberra Recovery Services residential program. That was permitted: R v Po’oi (No 3) at [23].

7․Unfortunately, he was discharged from Canberra Recovery Services on 30 June 2021 for breaching the rules of the facility by continuing to use drugs. He did not return to the Court as directed, but absconded. He was arrested and, on 4 August 2022, the Treatment Order was cancelled: R v Po’oi (No 3) at [20].

8․The proceedings were adjourned so that he could prepare for consideration of whether the sentence suspended when the Treatment Order was made should be imposed or he should be resentenced. Bail was granted to permit him to return to the residential drug rehabilitation program at Canberra Recovery Services on 27 September 2021, and he did so, but he did not return to the Court on 5 November 2021 as required and was arrested again on 5 December 2021, appearing in this Court on 6 December 2021: R v Po’oi (No 4) [2022] ACTSC 198 at [27].

9․His arrest on this occasion was because he had committed six further offences on that day, 5 December 2021. These were offences of dishonestly taking a motor vehicle without authority, dishonestly riding in a motor vehicle without consent, damaging property, driving as an unlicensed driver, failing to stop when directed by police and driving with a drug in his oral fluid. Those proceedings were adjourned a number of times during 2022.

10․On 1 August 2022, he was granted bail again from 3 August 2022 in order to attend the Matrix and Nexus program of Karralika Programs Incorporated. Those programs are described in R v Subasic (No 2) [2023] ACTSC 79 at [26]. Unfortunately, his compliance with this program and his compliance with his obligations in the community did not last long and, on 12 August 2022, he was again arrested and charged with three further offences. These were offences of dishonestly driving a motor vehicle without the owner's consent, aggravated dangerous driving and driving as an unlicensed driver. He has since then remained in custody.

11․Today, on the date set for the hearing of the proceedings for both the sentencing following the cancellation of the Treatment Order and the sentencing of the fresh offences, Mr Po’oi applied for bail. This may require consideration of what the court added in Saga at [89]:

…The courts cannot, of course, sit back and allow attempts to be made without end. By the same token, past failures do not automatically deny an offender the opportunity for a further attempt. Ordinarily, there would have to be some rational basis for permitting it. That may be merely the nature of the offence. For example, sentencing on a drug offence may allow further attempts to be made, whereas, in the absence of some other factors, continuing burglaries or robberies would make a sentencing court much more hesitant about further attempts after multiple failures.

The Application

12․As noted, Mr Po'oi has now sought bail. The application was filed on 11 August 2023, supported by an affidavit of his solicitor, Ms Colleen Duffy. In it she referred to certificates issued to Mr Po'oi for completion of courses he has undertaken in the Alexander Maconachie Centre. These completed courses were Participation in Safe Work Practices, Using Hygienic Practices for Food Safety, Provision of Responsible Service of Alcohol, Preparing to Work Safely in the Construction Industry, Identifying Asbestos-Containing Material and Crystalline Silica Prevention. He has also completed a Certificate II in Construction. These are programs that he has not attempted nor completed before in custody.

13․One of the presenters of the latter certificate course, Mr Nigel Maloney, wrote a reference for Mr Poi. He reported that “throughout the program, he has showed [sic] a genuine want to change his life around and move forward”. He has discussed with Mr Po'oi the possibility of working in the mining industry and offered to support him to achieve this. This is reflected in the Relapse Prevention Plan, which Mr Po’oi completed as part of the Solaris Therapeutic Community Program. In it, he identifies one of his goals as “working in the mines for 12-18 months” and says the time for this is the “immediate day of release”. It is not clear whether that timeframe is directed to release on bail, which would not be approved, or when he is released at some time following his ultimate sentencing. It appears possibly the latter, as he notes: “How can I go about achieving this goal? That, he says, will be “confirmed with Nigel four weeks and one week prior to release”. He adds that the period of working in the mines will enable him to accumulate funds to complete a carpentry apprenticeship by supplying a work vehicle and tools.

14․A letter from Ms Jennifer Calder, Solaris Case Manager, confirms that Mr Po'oi has engaged “in all stages of the Solaris therapeutic community and has been observed actively demonstrating behaviour change and identification of treatment issues”. She adds that he:

…displays a significant strength in his ability to role model pro-social behaviours to support his recovery and that of his peers. She describes that he 'has deepened his self-awareness regarding the impact that past trauma has played upon the treatment issues of avoidance, self-esteem issues and alcohol and other drugs and the most difficult of emotions. Mr Po'oi displays a significant strength in his ability to display vulnerability and authenticity one-on-one and in group sessions. He actively reaches out to staff and community participants to engage on pro-social conversations and to support and for healthy emotional regulation.

15․The Certificate of Completion of the Solaris Therapeutic Community Program on 23 June 2023 was attached to Ms Duffy’s affidavit. Further, a letter from Mr Po'oi's mother was also attached. She stated that she and her husband “have noticed a huge change in Daniel this time whilst in jail”. She added, “[T]his is the first time Daniel has focused on himself by actually thinking about his future when he gets out of jail or rehab.” She stated further that:

Daniel has really had time to think about his future when released. He wants to do normal things that people do, like get a job, spend time with his son and family and not relapse into addiction, and he feels that this time he is in the right frame of mind to be successful and break the chain of returning to jail.

16․She noted that part of the problem he experienced while in the Canberra Recovery Services on the last occasion was that “he was in a toxic relationship and was more focused on her and her addiction”. He is no longer in that relationship.

17․Mr Po'oi has sought residential rehabilitation with Canberra Recovery Services and has been advised that he will have to complete the assessment process when released into the community.

18․Next, a letter from Ms M Doran, Counsellor and Psychotherapist, who has worked with Mr Po'oi as a counsellor through Karralika Programs Incorporated, including during his time in the Solaris Therapeutic Community Program, was read. She had also worked with him “over the past several years” in his time at the Alexander Maconochie Centre. Her assessment was very positive. She reported:

My experience in the past of working with Mr Po'oi in the Solaris Program and in the community was that he wasn't ready or willing to implement significant change to shift his circumstances. Mr Po'oi participated at a minimal level in order to do what was needed to be done in order to secure his freedom. My experience of Mr Po'oi in the program over time is significantly and remarkably different. Mr Po'oi has attended groups and participated at a level above and beyond what is expected. He has allowed himself to become vulnerable and share the factors that led him back to using drugs. He has spoke of his grief and significant traumatic incidents that have occurred and also owned those that have been a result of his own behaviour. This has taken courage and integrity. Mr Po'oi has sought out counselling in order to establish further supports and upskill himself in his recovery goals.

Mr Po'oi has gone to various lengths during his time in program to seek the support that is needed in order to manage his emotions, develop trust in staff, to open up about what is going on for him and to seek out pro-social relationships with peers where possible. He has been a positive role model for others in the program and those earlier in the stages of change, particularly with the younger cohort of men, where he has attempted to use his experience as an example and motivation for change.

It's common for any individual approaching the change process to struggle to take in all of the modification necessary to ensure that the changes are solidified in an ongoing manner. Mr Po'oi has taken this task on with a deep passion and integrity. He has identified that this time in program has offered him a positive experience to do something different, to build his knowledge base and to begin to understand himself more in the context of the wider world.

Mr Po'oi takes responsibility for his past mistakes and is highly aware of the impact that his use of drugs has had on his and his family's life. He is remorseful towards his victims and also highly aware of the impact that many years of drug use has had on his parents and his young son. Mr Po'oi has shown deep regret for where his life is and aspires for something different, hence his desire to attend a rehabilitation program in order to solidify and deepen his learnings. In the time that I have been able to gain deeper insight into Mr Po'oi, I have learned much about his past experiences and the impact that this has had on the man he is today.

Mr Po'oi has actively participated in all aspects of the program, being the driver of his process of change. All of this is a credit to his determination for a different life for himself. I have witnessed over time a shift in Mr Po'oi's recovery focus and been willing to address the underlying issues that lead him back to substance use. Specifically, most recently, Mr Po'oi engaged in counselling to work through traumas associated with his childhood experiences. I found Mr Po'oi to be deeply engaged in one-on-one sessions and eager to learn strategies to support himself to manage overwhelming emotions that arose as a result of this process of integrating trauma.

Mr Po'oi has also shifted his thinking about his recovery and spoke about what it could look like for him to support and build on his recovery in the community over the next two years, a vital time of early recovery and an opportunity to really invest in himself.

Mr Po'oi is currently in a position where he is highly motivated to implement the changes that he has made. I believe that Mr Po'oi is ready to take the next steps and move forward with his recovery.

19․A letter from Mr Po'oi himself, dated 15 August 2023, was also read. In it he said that he wanted to explain what was different compared to other occasions from when he has been in custody. He identified that: “One of the biggest things is [my] relationship and my old associates.” He continued:

What I have come to realise is in order for me to live a drug-free life, I have to break away from my old behaviours. Since being in custody I have tried to do that by applying and doing as many courses that are going to benefit me in the community, because if I'm being honest, usually I worry about doing the drug and alcohol courses, but this time I have completed courses that can actually benefit me in the community and that will help me finding work.

20․A significant issue, he says, is that he has made a connection with Mr Maloney, who he says is willing to support him “if I show him I'm serious about changing my life”. Mr Po’oi says that another difference is that he is “100 per cent focused on [him]self and [his] recovery”. He referred to the relationship mentioned by his mother above and says that “[a]ll I want is to make a life for myself and make my 13-year-old son proud of me, because for most of his life I have been incarcerated.”

21․He is exploring a return to a residential drug rehabilitation program atCanberra Recovery Services or at WHOS in Goulburn, the latter being part of the agency described in R v Blackburn (No 3) [2021] ACTSC 337 at [11]. He has, however, expressed a preference for Canberra Recovery Services, though he recognises that “it may be good to get out of Canberra”. He could, however, continue with his counsellor, Ms Doran, were he to remain in Canberra.

22․Finally, an email from WHOS in Goulburn dated 14 August 2023 reports that the facility has “a very long wait time at the moment”.

23․The Crown opposed bail being granted, particularly given the risk of reoffending. It was accepted, however, that s 9A of the Bail Act 1992 (ACT) applied, so that there was an entitlement to bail. unless the court is “satisfied that the refusal is justified”.

24․Ms Duffy pointed out the advantage of Mr Po'oi's family living in Canberra, including his 13-year-old son. Mr Po’oi has been in custody now for a total of 376 days since his arrest on 12 August 2022. He has also spent much time in custody prior to that.

25․Ms Duffy pointed out that, in order to be admitted into the program at Canberra Recovery Services or at WHOS in Goulburn, he must be assessed while in the community. She noted that there was a two-week waiting list for admission to the Canberra Recovery Services program, while, as noted above, there was a long wait list for admission to the program at WHOS in Goulburn.

Consideration

26․Unfortunately, the history of Mr Po'oi's involvement with this Court since a Treatment Order was made on 8 February 2021 has been very problematic. He has regularly left rehabilitation facilities, and he has failed to complete rehabilitation. Indeed, he did not progress beyond Phase 1 in the Treatment Order Program.

27․When in the community he has committed further offences, even when granted further bail after some offending.

28․It must be accepted that he has now completed the Solaris Therapeutic Program again and has received very good reports. On the other hand, he has previously completed the Solaris Therapeutic Community Program in custody. Indeed, on 2 August 2021, Ms Doran, in a letter to the court, noted:

I have been working with Mr Daniel Po'oi on and off over the past few years as a staff member in the Solaris Program, and specifically in a counselling capacity since his admission to the program in 2020. Our counselling journey started together as Mr Po'oi sought out additional ongoing support in regard to his history of AOD use and due to the fact that he's determined to establish a different life for himself.

My experience in the past of working with Mr Po'oi in the Solaris Program and the community was that he wasn't ready or willing to implement significant change to shift his circumstances. Mr Po'oi participated at a minimal level in order to do what was needed to be done in order to secure his freedom. Mr Po'oi's level of engagement shifted noticeably during his admission in 2020, with his motivation to change becoming significantly different to past experiences. In the time that I've been able to gain deeper insight into Mr Po'oi, I have learnt much about his past experiences and the impact that this has had on the man that he is today.

Mr Po'oi has gone to various lengths during his time in program to seek the support that is needed in order to manage his emotions, develop trust and staff and open up about what is going on for him. He continues to seek out pro-social relationships with peers where possible, as well as maintain boundaries in relationships that no longer serve him. That is an ongoing issue that he continues to address. It's common for any individual approaching the change process to struggle to take in all of the modification necessary to ensure that the changes are solidified in an ongoing manner. Mr Po'oi continues to attempt to implement the changes.

…

Our initial focus has been to manage the feelings that have arisen from his awareness of events that were previously blocked out, normalising the blocking of traumas as a coping strategy of the subconscious and working on a plan to allow Mr Po'oi to be able to slowly and safely learn to stabilise his trauma responses in order to then be able to integrate them in a way that supports his ongoing recovery.

Mr Po'oi has made a commitment to engage in counselling on a regular basis and actively seek out supports from the writer.

29․Further, an officer of ACT Corrective Services, Ms Ebony Batten, wrote on 3 August 2021:

Mr Po'oi entered the Alexander Maconachie Centre on 19 July 2021. Mr Po'oi made requests to see this author from this date to discuss a return pathway back to the therapeutic community. Mr Po'oi re-entered the program on 26 July 2021 for the purpose of undertaking the Solaris Therapeutic Community Rehabilitation Program while in custody.

Mr Po'oi has engaged the Solaris Therapeutic Community's counsellor and has been present in each group session required of him. Although Mr Po'oi has only been in the program for the last week, he has utilised the staff support network within the program to his credit. Further to this, Mr Po'oi has challenged himself to look at ways to continue to use his time to grow and learn in the program and try different ways to support his recovery while undertaking in-depth counselling.

30․These reports sound all quite familiar. It does seem that it can be concluded that Mr Po'oi engages well in custody, but it comes entirely undone when he returns to the community. Thus, the Court must consider very carefully what can be said to have changed on this occasion to justify a further grant of bail, when that has almost inevitably led to further offending before.

31․He has completed very successfully again this year the Solaris Therapeutic Community Program. While he has done that before, Ms Doran does offer him high praise and in a more detailed way. She has identified some further changes in attitudes of Mr Po'oi between 2021 and 2023.

32․Another difference is that Mr Po'oi has made contact with a possible supporter for him obtaining work and which will give him the resources to be able to achieve a future that he considers he needs. If he does not start an apprenticeship soon (he is currently 38) he may miss out. He has also limited time to connect with his son in a way that can have a formative effect on him, possibly as something of a role model.

33․The bail conditions proposed by Ms Duffy are strict and very limiting, and, for example, are more restrictive than those previously imposed, as set out in R v Poi (No 4). His future, then, is also dependent on his compliance. This would likely be the last opportunity for future rehabilitation when a Court is willing to risk offering him such a chance. His completion of the Solaris Therapeutic Community is a significant factor of his rehabilitation as a matter to be taken into account when considering the delay in sentence and which will be relevant to sentencing him: Amos v McCarron (No 2) [2017] ACTSC 46 at [51], [54].

34․While that will moderate the sentence, a period of success in the community may justify a different kind of sentence, especially since he has now spent more than 700 days in custody since being placed on a Treatment Order. This is neither a promise nor a prediction, just a mention of a relevant matter to which consideration must be given on sentence.

35․The most concerning matter is that Mr Po'oi will be largely free of rehabilitation programs while in the community awaiting admission to the Canberra Recovery Services. On the other hand, he is still able to access some counselling from Karralika Programs Incorporated, which moderates that problem.

36․Balancing all these matters carefully, it is appropriate that Mr Po'oi be granted the opportunity, under very strict conditions, to attend Canberra Recovery Services.

37․Accordingly, it is appropriate to delay the sentencing further to assess whether Mr Po'oi is able to take advantage of this opportunity and show that, at last, and on this occasion at least, he can transition into the community. He has done well in custody in the past, but it is the return to the community that has caused what might be called his decomposition and return to drug use and crime. This will be the test. While, in the context of Saga v Reid and Collett, there is a rational basis for offering him this opportunity, his failure will leave little, if any, option, but the more traditional sentencing options available to the Court when sentencing him.

Orders

38․The Orders of the Court are that:

39․You, Daniel Ronald Po’oi, be granted bail to appear on 11 September 2023 at 10:00am on the following conditions:

(1)That you reside at [redacted] during the bail period.

(2)That you be at your place of residence between the hours of 8.00 pm each day and 9.00 am the next day and present yourself to the front door of the residence if requested to do so by a member of the Australian Federal Police during those hours.

(3)That, until you enter the Canberra Recovery Service residential drug rehabilitation facility, you not leave your place of residence except in the company of your mother, Ms Ann Po'oi, and remain in her company until you returns to your place of residence.

(4)That you accept the supervision of the Commissioner of ACT Corrective Services or his delegate, referred to in these conditions as 'the person supervising him' and obey all reasonable directions of the person supervising you.

(5)That you not consume alcohol, cannabis, illegal drugs or any prescription drugs not prescribed for you.

(6)That you submit to urinalysis, drug testing and breath analysis if directed by the person supervising you and not return a positive result on any of the testing.

(7)That you report to Belconnen Police Station each day between the hours of 9.00 am and 7.00 pm.

(8)That you contact Canberra Recovery Service within two business days after released on bail and make arrangements as soon as reasonably practicable to be assessed for admission to the residential drug rehabilitation program and admit yourself to any day program, including at the Canberra Recovery Hub, in the meantime, if offered to you, pending his admission to enter the residential drug rehabilitation program.

(9)That you admit yourself to the Canberra Recovery Service residential drug rehabilitation facility as soon as a place is available and advise the person supervising you of the date of his admission to the program within one business day of you being advised of this.

(10)That you advise the staff of Canberra Recovery Services when you commences counselling at the day program and at the residential drug rehabilitation program that you consent to them providing to the person supervising you, on request by that person, any information about the counselling provided to you or your progress in and performance at any programs in which you are engaged with them.

(11)That you continue to engage in counselling with Karralika Programs Incorporated as long as it is available to you.

(12)That you advise the staff of Karralika Programs Incorporated that you consent to them providing to the person supervising you, on request by that person, any information about your engagement with counselling with Karralika and Solaris Outreach Case Management.

(13)That you not drive a motor vehicle, be in the driver's seat of a motor vehicle or have in your possession the keys to a motor vehicle.

(14)Despite condition 3, you not be required to be in the presence of his mother when:

(a)in the presence of the person supervising you; or

(b)in the presence of any counsellor of Canberra Recovery Services or Karralika Programs Incorporated, but must be in her presence when travelling to and from such appointments.

(15)That you attend Court when directed by the Court from time to time.

I certify that the preceding thirty-nine [39] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Justice Refshauge

Acting Justice Refshauge:

Date: