Drug and alcohol counselling before court
How to get one-on-one counselling through your GP or a free NSW Health service, what it does for your matter, and how to document it.
One-on-one counselling with a drug and alcohol clinician or a psychologist addresses the reason behind the use, which is what the court is actually asking about. You reach it through your GP, who can refer you under a mental health treatment plan, or directly through a free NSW Health drug and alcohol service. Start before your first mention and ask the clinician for a letter.
- Book a GP appointment and ask for a mental health treatment plan or a referral to drug and alcohol counsellingSection 2 of this guide
- Or phone the Alcohol and Drug Information Service, 1800 250 015, for a free local serviceSection 2 of this guide
- At the first session, tell the clinician you have a court date and ask about a letterSection 4 of this guide
If a psychologist or psychiatrist's opinion is going to be relied on to explain the offence, that is a report, not a letter, and it is a different thing. Read the guide on psychological reports.
| Through your GP | Mental health treatment plan, Medicare-rebated sessions with a psychologist |
| Through NSW Health | Free drug and alcohol counselling, no referral, via ADIS 1800 250 015 |
| Private | Psychologists and counsellors, paid |
| Evidence | A letter from the clinician confirming attendance and engagement |
1Why counselling and not just a program
Start here
A program shows the court you acted. Counselling shows the court you looked at why. Where the use behind the offence was tied to something, stress, sleep, grief, a relationship, work, a clinician's letter that describes what was addressed carries more weight than a certificate, because it answers the question the Judge is asking under the s 10(3) matters: has the thing that caused this been dealt with.
2How to get it
Three routes
Your GP. Book a long appointment, tell the GP about the charge and the use, and ask for a mental health treatment plan. The plan gives Medicare-rebated sessions with a psychologist, and the GP can also refer you to a drug and alcohol specialist. This route produces two letters if you need them, one from the GP and one from the psychologist.
NSW Health. The Alcohol and Drug Information Service, 1800 250 015, is a 24-hour line that can connect you to the free drug and alcohol service in your local health district. No referral, no cost. Waiting times vary by district.
Private. A psychologist or registered counsellor, paid, with no waiting. Check registration with AHPRA for psychologists.
Numbers change
Requires principal review before release: confirm the ADIS number and current Medicare session entitlements.
3What to say at the first session
Honesty
Tell the clinician you have been charged, what with, and when the court date is. Ask them to treat the sessions as they would for anyone, and separately ask whether they can provide a letter for court. A clinician who knows the context writes a better letter, and one who discovers it later may decline to write one at all.
4Documenting it
The letter
A letter for court should be on letterhead and state the clinician's qualifications, the dates of attendance, the general nature of what is being worked on without clinical detail you do not want read aloud, and, if the clinician is willing, an observation about engagement. It should not contain an opinion about what sentence is appropriate. Tender it with your references.
Book the GP or phone ADIS today. The wait for a first appointment is the reason to start now.
General information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.