There are a number of specialist courts sitting in the Magistrates Courts which offer intervention programs to defendants who meet the particular program's eligibility criteria. These are the Nunga Court (also known as Aboriginal Court Day and Aboriginal Sentencing Court), the Magistrates Court Diversion Program (which deals with defendants with mental health disabilities), the Family Violence Court, the Drug Court and the Treatment Intervention Program. Participation in an intervention program is voluntary and requires the consent and cooperation of the defendant.
On occasion, a duty solicitor may be called upon to provide advice to a defendant about a specialist court intervention program, or to provide assistance with an application to divert offence(s) for assessment for an intervention program, or to appear in a specialist court for a defendant (usually on the instructions of the defendant's solicitor). This chapter provides information relevant to duty solicitor work, such as the referral process, and eligibility criteria for each program. It also provides a basic outline of practice, procedure and the underlying principles from which each specialist court operates.