Severe Substance Dependence Treatment Act 2010严重的药物依赖治疗法2010
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
TABLE OF PROVISIONS Section Page
PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 1 3 Objectives of Act 2 4 Definitions 2 5 Severe substance dependence 4 6 Meaning of treatment 5 7 Treatment centres 5 8 Criteria for detention and treatment 6 PART 2—DETENTION AND TREATMENT ORDER 7 Division 1—Magistrates' Court 7 9 Jurisdiction 7 Division 2—Application 7 10 Application for detention and treatment order 7 11 Guardian of person who is subject of proposed order 8 12 Recommendation for detention and treatment 9 13 Special warrant to examine person 11 14 Certificate of available services 12 Division 3—Hearing of Application 13 15 Conduct of hearing 13 16 Evidence of service 14 17 Adjournment of hearing 15 18 Representation and appearance at hearing 15 19 Confidentiality 15 Division 4—Detention and Treatment Order 17 20 Detention and treatment order 17 21 Notification to treatment centre and currency of detention and
treatment order 18
i
Section Page Division 5—Revocation of Order 19
Revocation of order 19 22
PART 3—ADMISSION, DETENTION AND TREATMENT OF
PERSON AT TREATMENT CENTRE 22 Division 1—Admission to Treatment Centre 22 23 Initial examination 22 24 Nominated person 22 25 Other action required within 24 hours of admission 23 26 Statement of rights and entitlements 24 27 Role of Public Advocate 25 Division 2—Treatment 26 28 Consent to treatment and applicable principles 26 29 Interim treatment 27 30 Treatment 27 31 Second opinion 29 32 Transfer to another treatment centre 30 Division 3—Leave of Absence 31 33 Leave of absence 31 34 Apprehension 32 Division 4—Discharge 34 35 Discharge from detention and treatment order 34 36 Discharge plan 35 PART 4—GENERAL 37 37 Power of entry 37 38 Power to restrain or sedate a person 38 39 Payment for recommendation 40 40 Regulations 41 41 Review 43 PART 5—REPEAL AND TRANSITIONAL PROVISIONS 44 42 Repeal of Alcoholics and Drug-dependent Persons Act 1968 44 43 Transitional Provisions 44 PART 6—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS 45 44 Coroners Act 2008 45 45 Drugs, Poisons and Controlled Substances Act 1981 45 46 Health Professions Registration Act 2005 45
ii
Section Page 47 Human Services (Complex Needs) Act 2009 46 48 Sentencing Act 1991 46 49 Veterinary Practice Act 1997 46 50 Repeal of Part 47
???????????????
ENDNOTES 48
INDEX 49
iii
Victoria
Severe Substance Dependence
†Treatment Act 2010
No. 43 of 2010
[Assented to 10 August 2010]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to provide for the
detention and treatment of persons with a severe
substance dependence.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
1
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 1—Preliminary s. 3
(2) If this Act does not come into operation before
1 March 2011, it comes into operation on that day.
3 Objectives of Act
(1) The objectives of this Act are—
(a) to provide for the detention and treatment of
persons with a severe substance dependence
where this is necessary as a matter of
urgency to save the person's life or prevent
serious damage to the person's health; and
(b) to enhance the capacity of those persons to
make decisions about their substance use and
personal health, welfare and safety.
(2) This Act must be interpreted, and every function
conferred or imposed by this Act must be
performed or exercised, so that—
(a) detention and treatment is a consideration of
last resort; and
(b) any limitations on the human rights and any
interference with the dignity and self-respect
of a person who is the subject of any actions
authorised under this Act are kept to the
minimum necessary to achieve the objectives
specified in subsection (1).
4 Definitions
In this Act—
ambulance paramedic means a person employed
or engaged by an ambulance service, within
the meaning of the Ambulance Services Act
1986—
(a) as an ambulance paramedic or intensive
care paramedic; or
(b) in any capacity to provide medical or
other assistance to patients in an
emergency;
2
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 1—Preliminary s. 4
Court means the Magistrates' Court;
criteria for detention and treatment means the
criteria specified in section 8(2); detention and treatment order means an order for
the detention and treatment of a person at a
treatment centre made under section 20; family member, of a person, has the same
meaning as in section 3A of the
Magistrates' Court Act 1989;
guardian, of a person, means a plenary guardian
or a limited guardian appointed in respect of
the person under a guardianship order under
the Guardianship and Administration Act
1986 and includes a person who becomes a
guardian under section 35 of that Act; magistrate means a person who holds the office of
magistrate under section 7 of the
Magistrates' Court Act 1989 or acting
magistrate under section 9 of that Act; manager, of a treatment centre, means the person
in charge of the treatment centre or a person
acting in that capacity;
nurse practitioner means a registered nurse
whose registration as a nurse has been
endorsed by the Nurses Board of Victoria
under section 20(1) of the Health
Professions Registration Act 2005 that he
or she is qualified to use the title nurse
practitioner;
Public Advocate has the same meaning as in the
Guardianship and Administration Act
1986;
registered medical practitioner means a medical
practitioner registered under the Health
Professions Registration Act 2005;
3
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 1—Preliminary s. 5
registered nurse means a nurse registered under
the Health Professions Registration Act
2005;
Secretary means the Secretary to the Department
of Health;
senior clinician, of a treatment centre, means—
(a) the registered medical practitioner
appointed by the governing body of the
treatment centre under section 7(2) to
be the senior clinician of the centre; or
(b) a registered medical practitioner or
nurse practitioner who is exercising the
powers and functions of the senior
clinician delegated to him or her under
section 7(3) by the person referred to in
paragraph (a);
treatment has the meaning given in section 6(1);
eatment centre means a premises or service tr
declared by the Secretary under section 7(1)
to be a treatment centre;
treatment team means the team of people who are
employed or engaged by the treatment centre
to implement a treatment plan for a person
detained at the treatment centre under a
detention and treatment order.
5 Severe substance dependence
For the purposes of this Act, a person has a severe
substance dependence if—
(a) the person has a tolerance to a substance; and
(b) the person shows withdrawal symptoms
when the person stops using, or reduces the
level of use of, the substance; and
4
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 1—Preliminary s. 6
(c) the person is incapable of making decisions
about his or her substance use and personal
health, welfare and safety due primarily to
the person's dependence on the substance.
6 Meaning of treatment
(1) For the purposes of this Act, treatment means
anything done in the course of the exercise of
professional skills to provide medically assisted
withdrawal from a severe substance dependence
or to lessen the ill effects, or the pain and
suffering, of the withdrawal.
(2) This Act prevails over the Medical Treatment
Act 1988 and the Guardianship and
Administration Act 1986 in respect of any
treatment given under this Act including any
treatment given under an order made under this
Act.
7 Treatment centres
(1) The Secretary may by notice published in the
Government Gazette declare—
(a) a premises (including part of a building or
place) at which treatment is to be provided;
or
(b) a service through which treatment is to be
provided—
to be a treatment centre.
(2) The governing body of a treatment centre must
appoint a suitably qualified registered medical
practitioner to be the senior clinician of the centre.
(3) The senior clinician may by written instrument
delegate to a suitably qualified registered medical
practitioner or nurse practitioner any power, duty
or function of the senior clinician other than this
power of delegation.
5
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 1—Preliminary s. 8
(4) For the purposes of subsections (2) and (3), a
practitioner is suitably qualified if the practitioner
has relevant expertise in severe substance
dependence and its treatment.
8 Criteria for detention and treatment
(1) A person must not be detained, or continue to be
detained, for treatment under this Act unless—
(a) the person is 18 years of age or older; and
(b) each of the criteria specified in subsection
(2) applies to the person.
(2) The criteria for the detention and treatment of a
person under this Act are that—
(a) the person has a severe substance
dependence; and
(b) because of the person's severe substance
dependence, immediate treatment is
necessary as a matter of urgency to save the
person's life or prevent serious damage to the
person's health; and
(c) the treatment can only be provided to the
person through the admission and detention
of the person in a treatment centre; and
(d) there is no less restrictive means reasonably
available to ensure the person receives the
treatment.
__________________
6
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 9
PART 2—DETENTION AND TREATMENT ORDER
Division 1—Magistrates' Court
9 Jurisdiction
(1) The Magistrates' Court has exclusive jurisdiction
to hear and determine any application made under
this Act for a detention and treatment order or the
revocation of a detention and treatment order.
(2) In respect of any proceedings under this Act, the
Magistrates' Court Act 1989 applies except to
the extent that provision is otherwise made under
this Act.
(3) The Chief Magistrate may from time to time issue
practice directions, statements or notes for the
Magistrates' Court in relation to proceedings
under this Act.
Division 2—Application
10 Application for detention and treatment order
(1) A person who is 18 years of age or older may file
an application at the proper venue of the
Magistrates' Court requesting that the Court make
a detention and treatment order in respect of a
person.
(2) The application must—
(a) be in the prescribed form and contain the
prescribed information; and
(b) have attached a recommendation for the
detention and treatment of the person who is
the subject of the application made by a
prescribed registered medical practitioner
that is current at the time of the filing of the
application.
7
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 11
Note
Under section 12(7)(b), a recommendation for the
detention and treatment of a person remains current
for 72 hours after the examination on which the
recommendation is based.
(3) Within 24 hours of the filing of the application,
the applicant must take all reasonable steps to—
(a) personally serve a copy of the application,
together with a copy of the recommendation
and any other documents filed with the
application on the person who is the subject
of the application; and
(b) serve a copy of the application, together with
a copy of the recommendation and any other
documents filed with the application on the
senior clinician or the manager of the
treatment centre at which it is proposed to
detain the person.
(4) For the purposes of subsection (1), the proper
venue of the Magistrates' Court is the venue of the
Court that is nearest to the place of residence of
the person who is the subject of the application.
11 Guardian of person who is subject of proposed
order
(1) An applicant for a detention and treatment order
under section 10 must make a request to VCAT to
provide the following information—
(a) whether or not a guardianship order is in
force in respect of the person who is the
subject of the application; and
(b) if so, the name and contact details of the
person's guardian.
8
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 12
(2) If—
(a) a guardian has been appointed for the person;
and
(b) VCAT is satisfied that the request for the
guardian's name and contact details is made
pursuant to subsection (1)—
VCAT must provide the guardian's name and
contact details to the applicant.
(3) If a guardian has been appointed for the person,
the applicant must, within 24 hours of the filing of
the application, take all reasonable steps to serve
the guardian with a copy of the application,
together with a copy of the recommendation and
any other documents filed with the application.
12 Recommendation for detention and treatment
(1) A prescribed registered medical practitioner may
make a recommendation for the detention and
treatment of a person if—
(a) the prescribed registered medical practitioner
has personally examined the person; and
(b) in the opinion of the prescribed registered
medical practitioner, each of the criteria for
detention and treatment applies to the
person; and
(c) the prescribed registered medical practitioner
has complied with subsection (2).
(2) If, after personally examining a person, a
prescribed registered medical practitioner is of the
opinion that each of the criteria for detention and
treatment applies to the person, the prescribed
registered medical practitioner must consult with
the senior clinician of the treatment centre at
which it is proposed to detain the person.
9
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 12
(3) As part of the consultation required under
subsection (2), the prescribed registered medical
practitioner must—
(a) provide information about—
(i) the nature of the person's severe
substance dependence; and
(ii) the nature of the urgent risk to the
person's life or health; and
(iii) any previous efforts to treat the person's
severe substance dependence; and
(b) discuss if there are any less restrictive
options available to ensure the person
receives treatment; and
(c) confirm that the treatment centre has
facilities or services available to treat the
person.
(4) A recommendation made by a prescribed
registered medical practitioner under
subsection (1) must—
(a) specify the facts upon which the opinion that
each of the criteria for detention and
treatment applies to the person is based; and
(b) distinguish the facts personally observed by
the prescribed registered medical practitioner
from facts not personally observed.
(5) If the prescribed registered medical practitioner
relies on facts additional to his or her own
observations, the prescribed registered medical
practitioner must have reasonable grounds for
relying on those facts.
(6) Before examining a person with the intention of
determining whether or not to make a
recommendation for the person's detention and
treatment, the prescribed registered medical
10
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 13
practitioner must, to the extent that is reasonable,
explain the purpose of the examination to the
person and must record in the clinical notes of the
examination what steps were taken to give that
explanation to the person.
(7) A recommendation for the detention and treatment
of a person—
(a) must be in the prescribed form and contain
the prescribed information; and
(b) remains current for 72 hours after the
examination on which the recommendation
is based.
(8) A prescribed registered medical practitioner must
not make a recommendation for the detention and
treatment of a person if the prescribed registered
medical practitioner is—
(a) the applicant for the detention and treatment
order for the person; or
(b) a family member of the person; or
(c) the person's guardian; or
(d) the senior clinician of the treatment centre in
which it is proposed to detain the person.
13 Special warrant to examine person
(1) A member of the police force or anyone else who
is 18 years or older may apply to a magistrate for
a special warrant under this section if the
applicant believes on reasonable grounds that—
(a) each of the criteria for detention and
treatment applies to a person; and
(b) a prescribed registered medical practitioner
is unable to examine the person for the
purposes of determining whether or not to
make a recommendation under section 12.
11
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 14
(2) If a magistrate is satisfied by evidence on oath or
by affidavit that there are reasonable grounds for
the belief under subsection (1), the magistrate may
issue a special warrant in the prescribed form.
(3) A special warrant issued under this section
authorises and directs a member of the police
force accompanied by a prescribed registered
medical practitioner—
(a) subject to section 37, to enter the premises
pecified in the warrant; and s
(b) to use such force as may be reasonably
necessary to enable the prescribed registered
medical practitioner to examine the person
named in the warrant for the purposes of
determining whether or not to make a
recommendation under section 12.
(4) A special warrant issued under this section
remains in force for 7 days after its making.
14 Certificate of available services
(1) As soon as possible before the hearing of the
application for the detention and treatment order,
the senior clinician or the manager of a treatment
centre—
(a) who has been served under section 10(3)(b)
with a copy of the application; or
(b) who has been requested under subsection
(4)(a) to provide a certificate of available
services—
must provide a certificate of available services to
the Magistrates' Court.
(2) A certificate of available services provided under
subsection (1) must give an outline of the facilities
and services available at the treatment centre for
the treatment of the person who is the subject of
the application.
12
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 15
(3) Subsection (4) applies if—
(a) the senior clinician or the manager of a
treatment centre has been served under
section 10(3)(b) with a copy of an
application for a detention and treatment
order; and
(b) facilities or services for the treatment of the
person are not available at the treatment
centre.
(4) The senior clinician or the manager of the
treatment centre must—
(a) request the senior clinician or the manager of
a treatment centre where facilities and
services for the treatment of the person are
available to provide a certificate of available
services to the Magistrates' Court; and
(b) notify the Magistrates' Court of the request
as soon as is practicable.
Division 3—Hearing of Application
15 Conduct of hearing
(1) An application for a detention and treatment order
must be heard by the Magistrates' Court within
72 hours of the filing of the application.
(2) The person who is the subject of the application
has the right to appear at the hearing of the
application.
(3) In hearing the application, the Court is not bound
by rules or practice as to evidence but may inform
itself in relation to any matter in the manner it
thinks fit.
13
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 16
(4) Without limiting subsection (3), the Court may
permit the person who is the subject of the
application to lead evidence and cross-examine
witnesses.
(5) The onus of proof is on the applicant to establish
on the balance of probabilities that each of the
criteria for detention and treatment applies to the
person who is the subject of the application.
16 Evidence of service
(1) The applicant for a detention and treatment order
must give evidence of how and when the copy of
the application for the order was served on—
(a) the person who is the subject of the
application; and
(b) if applicable, the person's guardian.
(2) If a copy of the application was not—
(a) personally served on the person who is the
subject of the application; or
(b) if applicable, served on the person's
guardian—
the applicant must give evidence about the steps
taken to serve the application.
(3) A detention and treatment order must not be made
in the absence of the person who is the subject of
the application unless the Court is satisfied—
(a) that the person has been personally served
with a copy of the application for the order;
or
(b) if the person has not been so served, that—
(i) all reasonable steps have been taken to
effect personal service; and
(ii) it would be detrimental to the person's
health to delay hearing the application.
14
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 17
17 Adjournment of hearing
(1) The Court may, in its discretion, adjourn the
earing of an application for a detention and h
treatment order.
(2) Without limiting subsection (1), the hearing of an
application may be adjourned—
(a) if the person who is the subject of the
application contests the application, to
permit the person to obtain legal advice and
legal representation;
(b) if the person has a guardian and the guardian
has not been served with a copy of the
application, to allow further efforts to serve a
copy of the application on the guardian.
18 Representation and appearance at hearing
(1) The person who is the subject of the application is
entitled to be represented by a legal practitioner at
the hearing of the application.
(2) If the applicant for the order is a member of the
police force, a police prosecutor may appear on
behalf of the applicant.
(3) If the person who is the subject of the application
has a guardian, the guardian has the right to
appear at the hearing and make representations to
the Court.
19 Confidentiality
(1) The Court, on its own initiative or on the
application of a party to the hearing, may order
that the whole or any part of the hearing of the
application be held in closed court.
(2) The Court, on its own initiative or on the
application of a party to the hearing, may make an
order prohibiting or restricting—
15
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 19
(a) the publication or broadcasting of any report
of the proceeding;
(b) the publication of evidence given in the
course of the proceeding;
(c) the publication of matters contained in
documents lodged with the Court or received
in evidence in the course of the proceeding.
(3) If an order has been made under subsection (1)
or (2), the Court must cause a copy of the order to
be posted on a door of, or in another conspicuous
place at, the place at which the Court is held.
(4) A person must not contravene an order made and
posted under this section.
Penalty: 1000 penalty units or imprisonment for
3 years.
(5) Whether or not the Court makes an order under
subsection (1) or (2), a person must not publish or
broadcast anything in relation to the hearing in
which the following persons are identified or are
identifiable—
(a) the person who is the subject of the
application;
(b) the applicant for the order;
(c) a person who appears as a witness at the
hearing.
Penalty: 1000 penalty units or imprisonment for
3 years.
(6) For the purposes of subsections (2) and (5),
publication does not include a communication by
a person made for the purposes of administering
or giving effect to the order.
16
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 20
Division 4—Detention and Treatment Order
20 Detention and treatment order
(1) Following the hearing of an application under
Division 2, the Court may make a detention and
treatment order in the prescribed form authorising
the admission, detention and treatment of a person
at a treatment centre.
(2) The Court must not make a detention and
treatment order in respect of a person unless—
(a) the Court is satisfied, on the balance of
probabilities, that each of the criteria for
detention and treatment applies to the
person; and
(b) having regard to all other relevant matters,
the Court considers the detention and
treatment of the person at a treatment centre
is necessary; and
(c) the Court has obtained a certificate of
available services from the senior clinician
or the manager of the treatment centre at
which it is proposed to detain the person.
(3) A detention and treatment order authorises the
detention and treatment of the person named in
the order at the treatment centre specified in the
order for 14 days following the admission of the
person to the treatment centre.
(4) Each of the following are authorised to take the
person who is the subject of the detention and
treatment order to the treatment centre—
(a) a member of the police force;
(b) an ambulance paramedic;
(c) a person who provides non-emergency
patient transport services in accordance with
a licence granted under section 5(1) of the
17
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 21
Non-Emergency Patient Transport Act
2003;
(d) anyone else specified in the order.
(5) For the purposes of taking the person to the
treatment centre, a person referred to in subsection
(4) is authorised, subject to section 37, to enter
any premises in which he or she reasonably
believes the person who is the subject of the
detention and treatment order may be found.
Note
Section 38 provides powers to restrain or sedate a person if
either or both are necessary to enable the person to be safely
taken to the treatment centre.
21 Notification to treatment centre and currency of
detention and treatment order
(1) The Magistrates' Court must—
(a) notify the treatment centre specified in a
detention and treatment order of the making
of the order; and
(b) give a copy of the detention and treatment
order to the applicant for the order.
(2) The applicant must make the necessary
arrangements, in consultation with the senior
clinician or the manager of the treatment centre
specified in the order, for the person to be taken
and admitted to the treatment centre.
(3) If a bed is not available at the treatment centre
specified in the order, the person may be taken
and admitted to any other appropriate treatment
centre.
(4) If within 7 days after a detention and treatment
order is made, the person in respect of whom the
order is made has not been admitted to a treatment
centre, the order lapses.
18
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 22
(5) However, the applicant for a detention and
treatment order may, within 7 days after the order
is made, apply to the Court for an extension of the
order.
(6) On an application under subsection (5), the Court
may, if satisfied that the person who is the subject
of the order is likely to be admitted to a treatment
centre within the next 7 days, extend a detention
and treatment order by that period.
(7) A detention and treatment order may only be
xtended once under subsection (6). e
Division 5—Revocation of Order
22 Revocation of order
(1) A person who is the subject of a detention and
treatment order may at any time apply to the
Magistrates' Court, in the prescribed form, for the
order to be revoked.
(2) An application for the revocation of the order may
be made on behalf of the person by—
(a) the person's nominated person; or
(b) if applicable, the person's guardian.
(3) The applicant for the revocation of the order must,
within 24 hours of the filing of the application,
serve a copy of the application on—
(a) the person who originally applied for the
detention and treatment order; and
(b) the senior clinician of the treatment centre at
which the person who is the subject of the
order is detained
(c) if applicable, the guardian of the person who
is the subject of the detention and treatment
order unless the guardian is the applicant.
19
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 22
(4) An application for the revocation of the order
must be on the ground that one or more of the
criteria for detention and treatment no longer
applies to the person.
(5) The Court must hear an application as soon as
practicable but not later than 48 hours of the filing
of the application.
(6) Sections 15(2), 15(3), 15(4), 17(1), 18(1), 18(3)
and 19 apply to the hearing of an application for
the revocation of a detention and treatment order,
except that a reference to the applicant for the
detention and treatment order is a reference to the
applicant for the revocation of the order.
(7) The following are entitled to appear at the hearing
of the application and make representations—
(a) the applicant for the revocation of the
detention and treatment order;
(b) the person who originally applied for the
order or, if that person is a member of the
police force, a police prosecutor acting on
that person's behalf;
(c) the senior clinician of the treatment centre at
which the person who is the subject of the
order is detained;
(d) if applicable, the guardian of the person who
is the subject of the order;
(e) anyone who satisfies the Court that he or she
has a substantial interest in the hearing of the
application.
(8) The onus of proof is on the person applying for
the revocation of the detention and treatment order
to establish on the balance of probabilities that
one or more of the criteria for detention and
treatment no longer applies to the person who is
the subject of the order.
20
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 2—Detention and Treatment Order s. 22
(9) If the Court is satisfied on the balance of
probabilities that one or more of the criteria for
detention and treatment no longer applies to the
person, the Court must revoke the detention and
treatment order.
__________________
21
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 23
PART 3—ADMISSION, DETENTION AND TREATMENT OF
PERSON AT TREATMENT CENTRE
Division 1—Admission to Treatment Centre
23 Initial examination
(1) As soon as practicable after a person is admitted
to a treatment centre under a detention and
treatment order but not more than 24 hours after
the admission, the senior clinician of the treatment
centre must examine the person.
(2) At the examination, the senior clinician must
review whether the criteria for detention and
treatment apply to the person.
(3) If the senior clinician is of the opinion that one or
more of the criteria does not apply to the person,
the person must be discharged from the detention
and treatment order.
Note
If the person is discharged from the detention and treatment
order, the provisions of Division 4 apply.
(4) If the senior clinician is of the opinion that each of
the criteria applies to the person, the senior
clinician must confirm the order.
24 Nominated person
(1) At any time after a person is admitted to a
treatment centre under a detention and treatment
order, the person may nominate another person to
protect his or her interests.
(2) A nomination under subsection (1)—
(a) must be in writing and given to the senior
clinician or the manager of the treatment
centre; and
22
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 25
(b) may be revoked, in writing, at any time; and
(c) remains in force until the detention and
treatment order expires unless it is sooner
revoked.
(3) If the person's nomination is refused by the person
who is nominated—
(a) the senior clinician or the manager of the
treatment centre must inform the person of
the refusal; and
(b) the nomination has no further effect.
(4) The senior clinician or the manager of the
treatment centre is not required to give effect to
the person's nomination if he or she reasonably
believes that—
(a) to do so may put the health or safety of the
person, or anyone else, at serious risk; or
(b) the person was incapable of making the
nomination.
(5) If the senior clinician or the manager of the
treatment centre refuses to give effect to the
person's nomination, he or she must inform the
person of the refusal and give the reasons for the
refusal.
25 Other action required within 24 hours of admission
(1) As soon as practicable after a person is admitted
to a treatment centre under a detention and
treatment order but not more than 24 hours after
the admission, the senior clinician or the manager
of the treatment centre must ensure that—
(a) the person is given a written statement of the
person's rights and entitlements under this
Act; and
23
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 26
(b) the Public Advocate is informed that the
person has been admitted to the treatment
centre under a detention and treatment order;
and
(c) all reasonable steps are taken to notify—
(i) the person's nominated person; and
(ii) if applicable, the person's guardian—
that the person has been admitted to the
treatment centre under a detention and
treatment order.
(2) The senior clinician or the manager of the
treatment centre must ensure that all reasonable
steps are taken to give a copy of the statement of
rights and entitlements under this Act to—
(a) the person's nominated person; and
(b) if applicable, the person's guardian.
(3) The actions specified in subsections (1) and (2)
are not required to be taken if the person is
discharged from the detention and treatment order
within 24 hours after being admitted to the
treatment centre.
26 Statement of rights and entitlements
(1) The statement of rights and entitlements required
to be given to a person under section 25(1)(a)
must—
(a) be in the form approved by the Secretary;
and
(b) include advice that the person has the right to
obtain legal advice and obtain a second
opinion; and
(c) be written in plain language and, wherever
possible, be printed in the language with
which the person is most familiar.
24
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 27
(2) In addition, the manager of the treatment centre
must ensure that the person is given an oral
explanation of the information contained in the
statement.
(3) If the person appears not to have understood, or
appears incapable of understanding, the
information contained in the statement or in the
oral explanation, the manager of the treatment
centre must ensure that arrangements are made to
provide the information to the person in the
language, mode of communication or in terms
which the person is most likely to understand.
(4) If the person is incapable of understanding the
information contained in the statement or in the
oral explanation at the time when it would
otherwise be provided, the manager of the
treatment centre must ensure that reasonable
further attempts are made to provide the
information at a time when the person is able to
understand the information.
(5) If requested to do so by the person who is
dmitted, the manager of the treatment centre a
must ensure that all reasonable steps are taken to
assist the person to obtain legal advice.
27 Role of Public Advocate
(1) On being informed of the admission of a person
under a detention and treatment order, the Public
Advocate must make arrangements with the
manager of the treatment centre to visit the person
as soon as practicable.
(2) The role of the Public Advocate is—
(a) to make representations on behalf of, or act
for, the person; and
(b) to provide advice to the person as to his or
her rights and entitlements under this Act;
and
25
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 28
(c) where required, to assist the person in—
(i) arranging legal representation; or
(ii) obtaining a second opinion; or
(iii) applying for the revocation of the
detention and treatment order.
Division 2—Treatment
28 Consent to treatment and applicable principles
(1) A person who is admitted to a treatment centre
under a detention and treatment order must be
provided treatment in accordance with this Act.
(2) Treatment provided to the person under this Act
may be provided without the consent of the
person.
(3) The following principles apply to the provision of
treatment to the person and the preparation of a
discharge plan for the person under this Act—
(a) voluntary treatment must be promoted in
preference to detention and treatment
wherever possible;
(b) the person must be given the best possible
treatment based on best evidence;
(c) treatment must be provided in the least
restrictive environment and least intrusive
manner that will enable treatment to be
effectively given and identified risks to be
effectively managed;
(d) if the person has a coexisting medical
condition or mental disorder, the person
must be appropriately assessed and referred
to relevant welfare, health, mental health or
disability services, and treatment must be
coordinated with services provided by those
other service providers;
26
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 29
(e) the person must be involved in decisions
about his or her treatment and discharge
planning and must be given sufficient
information and supported where necessary,
to enable this to occur;
(f) the age-related, gender-related, religious,
cultural, language, and other special needs of
the person must be taken into consideration;
(g) the role of families and other persons who
are significant in the life of the person must
be considered and respected.
29 Interim treatment
(1) This section applies if—
(a) a person is admitted to a treatment centre
under a detention and treatment order; and
(b) the person has not been examined by the
senior clinician of the treatment centre under
section 23.
(2) A registered medical practitioner employed or
engaged at the treatment centre may provide
treatment to the person if the registered medical
practitioner believes on reasonable grounds that
the treatment is necessary as a matter of urgency
to lessen the ill effects or the pain and suffering of
the person's withdrawal.
30 Treatment
(1) The senior clinician of the treatment centre must
determine the treatment to be provided to the
person and prepare a treatment plan in accordance
with this section.
(2) In determining the treatment to be provided to the
person and preparing the treatment plan, the
senior clinician must take into account each of the
following—
27
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 30
(a) the wishes and preferences of the person as
far as they can be ascertained;
(b) the views of—
(i) the person's nominated person;
(ii) if applicable, the person's guardian;
(c) with the person's consent, the views of any
family member of the person;
(d) any beneficial alternative treatment
available;
(e) the nature and degree of any significant risks
associated with the proposed treatment or
alternative treatment;
(f) the consequences to the person if the
treatment is not provided;
(g) any second opinions obtained in accordance
with section 31;
(h) any prescribed matters.
(3) The senior clinician or a member of the treating
team must discuss the plan or any revision of the
plan under subsection (4) with—
(a) the person; and
(b) the person's nominated person; and
(c) if applicable, the person's guardian.
(4) The senior clinician must review the treatment
plan on a regular basis and revise the plan as
required.
(5) In reviewing or revising a treatment plan for a
person, the senior clinician must take into account
each of the matters referred to in subsection (2).
28
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 31
31 Second opinion
(1) A person detained at a treatment centre under a
detention and treatment order is entitled to obtain
a second opinion from a registered medical
practitioner with relevant expertise in severe
substance dependence and its treatment.
(2) The second opinion must address whether or not
each of the criteria for detention and treatment
apply to the person and the treatment of the
person.
(3) The senior clinician or the manager of the
treatment centre must take all reasonable steps to
assist the person in obtaining a second opinion.
(4) If a registered medical practitioner gives a second
opinion that one or more of the criteria for
detention and treatment no longer applies to the
person, the senior clinician of the treatment centre
must examine the person without delay and decide
whether or not those criteria continue to apply to
the person.
(5) If, following an examination of a person under
subsection (4), the senior clinician is of the
opinion that each of the criteria for detention and
treatment continue to apply to the person—
(a) the detention and treatment order under
which the person is detained at the treatment
centre remains in force; and
(b) the senior clinician must ensure that the
Public Advocate is notified as soon as is
practicable.
Note
In the scenario described in subsection (5), the person who
is the subject of the detention and treatment order has the
option of applying under section 22 for a revocation of the
order. Under section 27 the Public Advocate may assist
the person in applying for the revocation.
29
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 32
(6) If, following an examination of a person under
subsection (4), the senior clinician is of the
opinion that one or more of the criteria for
detention and treatment no longer apply to the
person, the senior clinician must discharge the
person from the detention and treatment order in
accordance with section 35.
32 Transfer to another treatment centre
(1) This section applies if—
(a) a person is detained at a treatment centre
under a detention and treatment order; and
(b) the senior clinician of the treatment centre is
satisfied that the transfer of the person to
another treatment centre—
(i) would be of benefit to the person; or
(ii) is necessary for the person's treatment.
(2) The senior clinician may, with the approval of the
senior clinician or the manager of the receiving
treatment centre, order the transfer of the person
to that treatment centre.
Note
Section 38 provides powers to restrain or sedate a person if
either or both are necessary to enable the person to be safely
transferred to the treatment centre.
(3) Before ordering the transfer of a person to another
treatment centre, the senior clinician must take
into account each of the following—
(a) the wishes and preferences of the person as
far as they can be ascertained;
(b) the views of—
(i) the person's nominated person; and
(ii) if applicable, the person's guardian.
30
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 33
(4) The senior clinician or the manager of the
treatment centre from which a person is to be
transferred must ensure that—
(a) the Public Advocate is notified of the
transfer; and
(b) all reasonable steps are taken to notify the
following of the person's transfer—
(i) the person's nominated person;
(ii) if applicable, the person's guardian; and
(c) a copy of the detention and treatment order
of the person being transferred and any other
documents relevant to the admission and
future treatment of the person accompany the
person to the receiving treatment centre.
Division 3—Leave of Absence
33 Leave of absence
(1) The senior clinician or the manager of a treatment
centre may allow a person detained at the
treatment centre under a detention and treatment
order to be absent from the treatment centre—
(a) for the purposes of receiving medical
treatment; or
(b) for any other purpose that the senior clinician
or the manager of the treatment centre
considers appropriate.
(2) Leave of absence may be granted—
(a) for the period; and
(b) subject to any conditions—
that the senior clinician or the manager of the
treatment centre considers appropriate having
regard to the health and safety of the person and
the purpose of the leave.
31
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 34
(3) The senior clinician or the manager of the
treatment centre must take all reasonable steps to
inform the following that the person has been
granted leave of absence—
(a) the person's nominated person;
(b) if applicable, the person's guardian.
(4) Leave of absence does not affect the duration of
the detention and treatment order made in respect
of the person.
Example
A detention and treatment order in respect of a person is
due to expire on 20 September. If on 18 September the
person is granted 5 days leave, the order will still expire on
20 September.
(5) The senior clinician or the manager of the
treatment centre may revoke the leave of absence
if he or she considers that the person's health or
safety are at serious risk unless the leave is
revoked.
(6) If leave of absence is revoked while the person is
absent from the treatment centre, the senior
clinician or the manager of the treatment centre
must take all reasonable steps to notify the person
that his or her leave has been revoked and that he
or she is required to return to the treatment centre.
34 Apprehension
(1) This section applies if a person detained at a
treatment centre under a detention and treatment
order—
(a) is absent from the treatment centre without
leave granted under section 33; or
32
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 34
(b) has been granted leave of absence under
section 33 but—
(i) the person fails to return to the
treatment centre at the expiry of the
leave; or
(ii) the leave is revoked.
(2) For the purposes of returning the person to the
treatment centre, an authorised person may at any
time—
(a) subject to section 37, enter any premises in
which the authorised person reasonably
believes the person may be found; and
(b) apprehend the person.
Note
Section 38 provides powers to restrain or sedate a person if
either or both are necessary to enable the person to be safely
returned to the treatment centre.
(3) The senior clinician or the manager of the
treatment centre must take all reasonable steps to
inform the following of the person's absence
without leave—
(a) the person's nominated person;
(b) if applicable, the person's guardian.
(4) In this section, an authorised person means—
(a) a member of the police force; or
(b) an ambulance paramedic; or
(c) a person who provides non-emergency
patient transport services in accordance with
a licence granted under section 5(1) of the
Non-Emergency Patient Transport Act
2003; or
(d) the senior clinician or the manager of the
treatment centre; or
33
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 35
(e) any other person who is authorised to
apprehend the person by the senior clinician
or the manager of the treatment centre.
Division 4—Discharge
35 Discharge from detention and treatment order
(1) The senior clinician must discharge a person from
a detention and treatment order if the senior
clinician is of the opinion that one or more of the
criteria for detention and treatment no longer
applies to the person.
(2) In deciding whether or not the criteria for
detention and treatment apply to a person, the
senior clinician must have regard to any second
opinion in respect of the person obtained under
section 31.
(3) If the senior clinician discharges a person under
subsection (1), the senior clinician must—
(a) notify—
(i) the Court; and
(ii) the Public Advocate; and
(b) ensure that all reasonable steps are taken to
notify—
(i) the person's nominated person; and
(ii) if applicable, the person's guardian.
(4) A person may not be detained at the treatment
centre if the detention and treatment order—
(a) expires; or
(b) has been revoked by the Court under
section 22(9).
34
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 36
(5) If a detention and treatment order is revoked by
the Court under section 22(9) the senior clinician
must—
(a) notify the Public Advocate; and
(b) ensure that all reasonable steps are taken to
notify—
(i) the person's nominated person; and
(ii) if applicable, the person's guardian.
36 Discharge plan
(1) If a detention order expires, is revoked or
discharged, the senior clinician must prepare a
discharge plan outlining follow-up treatment and
support that is to be provided to the person.
(2) The senior clinician or the manager of the
treatment centre must take all reasonable steps to
ensure that the following are consulted in the
preparation of the discharge plan and provided
with a copy of the plan—
(a) the person being discharged from the
treatment centre;
(b) the person's nominated person;
(c) if applicable, the person's guardian;
(d) with the consent of the person—
(i) any family member of the person;
(ii) any agencies or services which will be
involved in providing services to the
person as part of the discharge plan.
(3) The senior clinician or a member of the treating
team must discuss the discharge plan with—
(a) the person; and
35
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 3—Admission, Detention and Treatment of Person at Treatment Centre s. 36
(b) the person's nominated person; and
(c) if applicable, the person's guardian.
__________________
36
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 4—General s. 37
PART 4—GENERAL
37 Power of entry
(1) This section applies if a person is authorised to
enter a premises—
(a) under a warrant issued under section 13; or
(b) under a detention and treatment order to take
a person to a treatment centre; or
(c) under section 34 to apprehend someone who
is absent without leave from a treatment
centre.
(2) Before entering the premises, the person must—
(a) announce that he or she is authorised to enter
the premises; and
(b) state the basis of that authority; and
(c) give anyone at the premises an opportunity
to permit entry to the premises.
(3) If permission to enter the premises is not given, a
member of the police force may use reasonable
force to gain entry.
(4) On gaining entry, the person referred to in
subsection (1) must—
(a) identify himself or herself to the person who
is the subject of the warrant or the detention
and treatment order or who is absent without
leave from the treatment centre, as the case
may be; and
(b) give that person a copy of the warrant or the
detention and treatment order.
37
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 4—General s. 38
38 Power to restrain or sedate a person
(1) This section applies if—
a) a person is to be taken to a treatment centre (
under a detention and treatment order; or
(b) a person is to be transferred to another
treatment centre under section 32; or
(c) a person who is granted leave of absence
under section 33(1)(a) for the purposes of
receiving medical treatment is to be taken to
or returned from a medical facility; or
(d) a person who is absent without leave from a
treatment centre is to be returned to the
treatment centre.
(2) If necessary to enable the person to be taken,
transferred or returned safely to the treatment
centre or taken to or returned from the medical
facility—
(a) a member of the police force or an
ambulance paramedic may use reasonable
force to restrain the person; and
(b) a registered medical practitioner may
administer or direct a suitably qualified
person to administer sedation to the person.
(3) Subsection (2) does not limit the power of an
ambulance paramedic or a registered nurse to
administer sedation within the ordinary scope of
his or her practice.
(4) Before the person is taken or returned to the
treatment centre or taken to or returned from the
medical facility, a member of the police force may
carry out a frisk search or ordinary search of the
person if the member of the police force
reasonably suspects that the person is carrying
anything that—
38
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 4—General s. 38
(a) presents a danger to the person or anyone
else; or
(b) could be used to assist the person to escape.
(5) A frisk search or ordinary search of the person
taken or returned to the treatment centre or
returned from the medical facility may be carried
out by—
(a) the senior clinician or the manager of the
treatment centre; or
(b) a person employed or engaged by the
treatment centre who has been directed to do
so by the senior clinician or the manager of
the treatment centre.
(6) The senior clinician or the manager of the
treatment centre must not carry out a frisk search
or ordinary search of the person or direct any
other person to do so unless he or she reasonably
suspects that the person is carrying anything
that—
(a) presents a danger to the person or anyone
else; or
(b) could be used to assist the person to escape.
(7) Before a frisk search or ordinary search is carried
out under subsection (4) or (5), the person
carrying out the search must explain its purpose to
the person being searched.
(8) In this section—
frisk search means—
(a) a search of a person conducted by
quickly running the hands over the
person's outer clothing or by passing an
electronic metal detection device over
or in close proximity to the person's
outer clothing; and
39
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 4—General s. 39
(b) an examination of anything worn or
carried by the person that is
conveniently and voluntarily removed
by the person, including an examination
conducted by passing an electronic
metal detection device over or in close
proximity to that thing;
ordinary search means a search of a person or of
things in the possession or under the control
of a person that may include—
(a) requiring the person to remove only his
or her overcoat, coat or jacket or similar
article of clothing and any gloves,
shoes and hat; and
(b) an examination of those items;
suitably qualified person means—
(a) a registered nurse; or
(b) an ambulance paramedic.
39 Payment for recommendation
(1) If a prescribed registered medical practitioner has
made a recommendation for the detention and
treatment of a person under section 12 and is not
otherwise entitled to receive payment for making
the recommendation, the prescribed registered
medical practitioner may apply to the Secretary
for payment for the recommendation at the
prescribed rate.
(2) For the purposes of subsection (1), payment for
making a recommendation under section 12
includes payment for the examination on which
the recommendation is based.
40
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 4—General s. 40
40 Regulations
(1) The Governor in Council may make regulations
for or with respect to—
(a) prescribing forms to be used for the purposes
of this Act;
(b) prescribing fees for the purposes of this Act;
(c) prescribing additional matters that must be
taken into account in the preparation, review
or revision of a treatment plan;
(d) prescribing the amount payable to a
prescribed registered medical practitioner for
making a recommendation for the detention
and treatment of a person;
(e) any matter or thing authorised or required to
be prescribed or necessary to be prescribed
for carrying this Act into effect.
(2) Regulations made under this Act—
(a) may be of general or of specially limited
application;
(b) may differ according to differences in time,
place or circumstance;
(c) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by any government
department or public authority or any officer
thereof;
(d) may confer powers or impose duties in
connection with the regulations on any
government department or public authority;
(e) may apply, adopt or incorporate, with or
without modification, the provisions of any
Act or of any regulations made under any
Act as in force at a particular time;
41
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 4—General s. 40
(f) may apply, adopt or incorporate with or
without modification, any matter contained
in any document, code, standard, rule,
specification or method formulated, issued,
prescribed or published by any authority or
body as formulated, issued, prescribed or
published at the time the regulation is made
or at any time before the regulation is made;
(g) may impose a penalty not exceeding
10 penalty units for any contravention of the
regulations.
(3) A power conferred by this Act to make
regulations providing for the imposition of fees or
charges may be exercised by providing for all or
any of the following matters—
(a) specific fees or charges;
(b) maximum or minimum fees or charges;
(c) maximum and minimum fees or charges;
(d) scales of fees or charges according to the
value of goods or services provided for the
fees or charges;
(e) the payment of fees or charges either
generally or under specified conditions or in
specified circumstances;
(f) the reduction, waiver or refund, in whole or
in part, of the fees or charges.
(4) If under subsection (3)(f) regulations provide for a
reduction, waiver or refund, in whole or in part, of
a fee or charge, the reduction, waiver or refund
may be expressed to apply either generally or
specifically—
(a) in respect of certain matters or transactions
or classes of matters or transactions; or
42
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 4—General s. 41
(b) in respect of certain documents or classes of
documents; or
(c) when an event happens; or
(d) in respect of certain persons or classes of
persons; or
(e) in respect of any combination of matters,
transactions, documents, events or persons—
and may be expressed to apply subject to specified
conditions or in the discretion of any specified
person or body.
(5) A fee or charge that may be imposed by regulation
is not limited to an amount that is related to the
cost of providing a service.
41 Review
(1) The Minister must ensure that a review of this Act
is completed by 1 March 2015.
(2) The purpose of the review is to determine—
(a) whether the objectives of this Act are being
achieved and are still appropriate; and
(b) whether the Act is effective or needs to be
amended.
(3) The Minister must make a report of the review,
including the response of the Government to the
review, available to the public within 3 months
after the expiry of the period specified in
subsection (1).
__________________
43
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 5—Repeal and Transitional provisions s. 42
PART 5—REPEAL AND TRANSITIONAL PROVISIONS
42 Repeal of Alcoholics and Drug-dependent Persons
Act 1968
(1) The Alcoholics and Drug-dependent Persons
Act 1968 is repealed.
(2) On and after the commencement of this section,
any reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to the Alcoholics and
Drug-dependent Persons Act 1968 is to be
construed as a reference to this Act, unless the
contrary intention appears.
43 Transitional Provisions
An order made under section 11 of the Alcoholics
and Drug-dependent Persons Act 1968 which is
in force immediately before the date on which this
Act comes into operation has effect as if it were a
detention and treatment order made under
section 20 of this Act and expires on the date
provided by the Court in the order.
__________________
44
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 6—Consequential Amendments to Other Acts s. 44
PART 6—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
44 Coroners Act 2008
In section 3 of the Coroners Act 2008 in the
definition of person placed in custody or care for
paragraph (h) substitute—
"(h) a person detained in a treatment centre under
a detention and treatment order made under
section 20 of the Severe Substance
Dependence Treatment Act 2010;".
45 Drugs, Poisons and Controlled Substances Act 1981
In section 7 of the Drugs, Poisons and
Controlled Substances Act 1981 for "Alcoholics
and Drug-dependent Persons Act 1968"
substitute "Severe Substance Dependence
Treatment Act 2010".
46 Health Professions Registration Act 2005
(1) In section 3(1) of the Health Professions
Registration Act 2005—
(a) the definitions of alcoholic and drug-
dependent person are repealed;
(b) insert the following definition—
"severe substance dependence has the same
meaning as in section 5 of the Severe
Substance Dependence Treatment
Act 2010;".
(2) In sections 6(2)(b), 38(1)(a)(iii), 38(2)(c),
42(1)(a)(iii), 42(2)(c), 64(4)(c), 65(2)(a)(iii),
65(2)(b)(iii), 67(1)(a)(iii) and 67(1)(b)(iii) of the
Health Professions Registration Act 2005 for
"is an alcoholic or drug-dependent person"
substitute "has a severe substance dependence".
45
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 6—Consequential Amendments to Other Acts s. 47
47 Human Services (Complex Needs) Act 2009
For section 7(b)(iv) of the Human Services
(Complex Needs) Act 2009 substitute—
"(iv) has a severe substance dependence within
the meaning of section 5 of the Severe
Substance Dependence Treatment Act
2010; and".
48 Sentencing Act 1991
(1) In section 3(1) of the Sentencing Act 1991—
(a) the definitions of alcoholic, drug-dependent
person, inspector and treatment centre are
repealed;
(b) insert the following definition—
"severe substance dependence has the same
meaning as in section 5 of the Severe
Substance Dependence Treatment
Act 2010;".
(2) In sections 99A(2)(a) and 99G(1)(k) of the
Sentencing Act 1991 for "is an alcoholic or
drug-dependent person" substitute "has a severe
substance dependence".
49 Veterinary Practice Act 1997
(1) In section 3(1) of the Veterinary Practice Act
1997—
(a) the definitions of alcoholic and drug-
dependent person are repealed;
(b) insert the following definition—
"severe substance dependence has the same
meaning as in section 5 of the Severe
Substance Dependence Treatment
Act 2010;".
46
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Part 6—Consequential Amendments to Other Acts s. 50
(2) In sections 6(2)(b), 25(c), 31(1)(c) and
46(1)(a)(iii) of the Veterinary Practice Act 1997
for "is an alcoholic or a drug-dependent person"
substitute "has a severe substance dependence".
50 Repeal of Part
This Part is repealed on 1 March 2012.
Note
The repeal of this Part does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
???????????????
47
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Endnotes
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 10 December 2009
Legislative Council: 11 March 2010
The long title for the Bill for this Act was "A Bill for an Act to enact a
new legislative scheme for the detention and treatment of persons with a
severe substance dependence, to repeal the Alcoholics and Drug-
dependent Persons Act 1968 and for other purposes."
48
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
INDEX
Subject Section Act amendments to other Acts 44–49 commencement 2 objectives 3
prevails over Medical Treatment Act 1988, 6 Guardianship and Administration Act 1986 purpose 1 regulations 40
repeal of Alcoholics and Drug-dependent 42 Persons Act 1968 repeal of Part 6 50
review of 41 transitional provisions 42, 43 42, 43 Alcoholics and Drug-dependent Persons Act 1968 4, 20, 34, 38 Ambulance paramedics 34 Authorised persons 4, 5, 6, 34, 38 Definitions Detention and treatment orders actions authorised by 20
applications for 10 confirmation 23 definition 4 discharge 23, 31, 35
extension 21 hearings 15–19 lapse 21 making of 16, 20
notification of 21 recommendation by registered medical practitioners for 12, 39 revocation 22, 35
second opinions regarding 31, 35 service of applications 10 special warrants to examine 13 where guardianship order in force 11 See also Treatment; Treatment centres 36 Discharge plans 13, 20, 37 Entry powers 16 Evidence of service Family members (def.) 4 4, 11, 18, 22 Guardians
49
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Subject Section Magistrates' Court exclusive jurisdiction 9 hearings adjournment 17 appearance 15, 18
closed court 19 conduct 15 representation 18 making of orders 20, 21
revocation of orders 22 special warrants 13 22, 24 Nominated persons 4 Nurse practitioners Offences contravention of orders regarding publication 19 13, 20, 34, 37, 38 Police 4, 25, 27 Public Advocate 4, 12, 29, 31, 38, Registered medical practitioners 39 4, 38 Registered nurses 40 Regulations 38 Search powers 4, 7, 26 Secretary Senior clinicians See Treatment centres Severe substance dependence (def.) 5
13 Special warrants 42, 43 Transitional provisions Treatment applicable principles 28
criteria for detention 8, 31, 32, 35 definition 6 determination of treatment plans 30 interim treatment 29
without consent 28 Treatment centres admission initial examination 23
statement of rights and entitlements 25, 26 apprehension of persons absent without leave 34 certificate of available services 14, 20 declaration of 7
definition 4 discharge plans 36 leave of absence from 33 managers (def.) 4
power to restrain, sedate patients 38 senior clinicians (def.) 4 transfer to another centre 32 treatment teams (def.) 4
50
Severe Substance Dependence Treatment Act 2010
No. 43 of 2010
Subject Section See also Detention and treatment orders Tribunal See VCAT VCAT provision of details of guardian to applicants 11
51