Download - Compulsory Treatment for Alcohol or Drug Addiction The Alcoholism and Drug Addiction Act 1966
Compulsory Treatment
for Alcohol or Drug
AddictionThe Alcoholism and
Drug Addiction Act 1966
Comparing the two Acts
• Alcoholism and Drug Addiction Act 1966
• Mental Health (Compulsory Assessment and Treatment) Act 1992
Some basic facts about the Alcoholism and Drug Addiction Act
• District Court Judge can order treatment
• Roughly 200 orders each year
• Mainly people with alcohol addiction
Mental Health Act – key features
Respect for different
cultures
Special rights and protections
for patients
Focus on community-based
treatment
Compulsory assessment and
treatment
Alcoholism and Drug Addiction Act - key features
Doesn’t refer to “culture”
Few rights or protections
All treatment in institutions
Compulsory treatment
Criminal offences under the ADA Act
Behaviour punishable by 3 months jail
or $200 fine
• Escaping, or trying to
• “Improper conduct”, which means being violent, unruly, insubordinate, destructive, indecent, offensive or insulting
Mental
Health Act
Alcoholism and Drug
Addiction Act
The meaning of “alcoholic”(according to the Act)
“a person whose persistent and excessive
indulgence in alcoholic liquor is causing or is likely to cause serious injury to his health or is a source of harm, suffering, or serious annoyance to others or renders him incapable of properly managing himself or his affairs”
The meaning of “drug addict” (according to the Act)
“any person whose addiction to intoxicating,
stimulating, narcotic, or sedative drugs is causing or is likely to cause serious injury to his health or is a source of harm, suffering, or serious annoyance to others or renders him incapable of properly managing himself or his affairs”
You’re an “alcoholic” if (according to the Act)
You’re drinking too much, and this is –
• causing you serious harm, or probably will cause you serious harm, or
• harming or seriously annoying other people, or
• stopping you looking after yourself properly
You’re a “drug addict” if (according to the Act)
You’re addicted to drugs, and this is –
• causing you serious harm, or probably will cause you serious harm, or
• harming or seriously annoying other people, or
• stopping you looking after yourself properly
Voluntary applications
you apply yourself under
section 8
Involuntary applications
by relative, Police, “reputable person”
under section 9
Two types of applications
Voluntary and involuntary applications
A question to consider
• Once a judge has made an order, what difference does it make that the application was voluntary rather than involuntary?
Voluntary applications
Involuntary applications
Court order for treatment
Voluntary applications
When can the Court order compulsory treatment?
• Judge must be satisfied you’re an alcoholic or drug addict -
– either because you say so or from other evidence
• Judge must be satisfied you understand the application
• An institution must be able to take you
Involuntary applications
When can the Court order compulsory treatment?
• Two doctors must believe –
– you’re an alcoholic or drug addict, and
– compulsory treatment is “expedient” in the interests of you or your relatives
• An institution must be able to take you
Challenging an application for compulsory treatment
• Talk to a lawyer as soon as possible
• Legal aid is available if you can’t afford a lawyer
• Attend the court hearing to challenge the application
– You can bring witnesses and evidence
– You can cross-examine the applicant’s witnesses
Challenging an order after it’s made
Appeal against Judge’s order
• Must appeal within 3 weeks
• Appeal is made to High Court
Apply for release after six months• Application made to Minister of Health or
institution’s managers
• Can appeal their decision to High Court