Substance Addiction (Compulsory Assessment and Treatment) Bill

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Substance Addiction (Compulsory Assessment and Treatment) Bill

Government Bill

116—1

Explanatory note

General policy statement

The Substance Addiction (Compulsory Assessment and Treatment) Bill provides for the compulsory assessment and treatment of individuals who are considered to have a severe substance addiction as it is defined in the Bill, and who do not have the capacity to participate in treatment.

The Bill will replace the Alcoholism and Drug Addiction Act 1966. It is required because the current legislative framework is inadequate for the compulsory treatment of people who suffer from severe substance addiction and who do not have the capacity to engage in treatment. It does not reflect modern treatment delivery, nor does it protect the rights of individuals who are subject to compulsory assessment and treatment.

The Bill is likely to apply to a small number of individuals and recognises the fact that for most people with addiction problems, compulsion is not the best way to facilitate treatment.

The Bill provides for—

  • applications for assessment to determine whether an individual suffers from severe substance addiction and does not have the capacity to participate in treatment to reduce this risk:

  • a limited duration for compulsory treatment, with a focus on enabling the individual to gain the capacity to consent to and participate in ongoing treatment:

  • provisions to protect the rights of individuals subject to the Bill and to investigate alleged breaches of those rights:

  • offences and penalties for breaches of the Bill:

  • regulation-making powers to include certain substances within the definition of substance:

  • transitional provisions to allow continued management of individuals who are subject to the Alcoholism and Drug Addiction Act 1966, at the time of enactment.

The Bill has been developed on the basis of extensive consultation with service providers and service users and reflects the additional input from the Law Commission’s review in 2010 (see Compulsory Treatment for Substance Dependence: A Review of the Alcoholism and Drug Addiction Act 1966 (NZLC R118, 2010)).

Departmental disclosure statement

The Ministry of Health is required to prepare a disclosure statement to assist with the scrutiny of this Bill. It provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact statement

The Ministry of Health produced a regulatory impact statement in November 2010 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. The regulatory impact statement was updated in November 2015.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. Certain provisions that enable persons to be given a status under the Bill, guidelines and standards to be issued, and rules and regulations to be made come into force on the day after assent. However, the rest of the Bill comes into force 1 year after assent. The delay is necessary for the development and implementation of services provided for in the Bill, for guidelines and standards to be issued, and for rules and regulations to be made.

Part 1Preliminary provisions

Purpose

Clause 3 sets out the purpose of the Bill. This includes enabling people with a severe substance addiction and a severely impaired capacity to decide on treatment for that addiction to receive compulsory treatment, so as to protect them from harm, stabilise their health, and protect and enhance their mana and dignity and restore their capacity to make informed decisions about further treatment and substance use.

Interpretation

Clause 4 defines some of the terms that are used in the Bill. It refers to other clauses that contain the key definitions of compulsory status, criteria for compulsory treatment, and severe substance addiction. The term substance covers alcohol and other drugs, as well as volatile substances, such as glue, and psychoactive substances.

Preliminary matters

Clause 5 provides that the Crown is bound by the Bill, when enacted.

Clause 6 gives effect to transitional, savings, and related provisions in Schedule 1 of the Bill. Schedule 1 provides that, on the commencement of the Bill, every person detained under the Alcoholism and Drug Addiction Act 1966 is to be treated as a patient in respect of whom a compulsory treatment certificate has been dated and signed. As a consequence, a responsible clinician will be assigned to the person and that responsible clinician will have to make an application to the court for a review of the person’s compulsory status. Applications that are pending under the Alcoholism and Drug Addiction Act 1966 must be treated as withdrawn.

Criteria for compulsory treatment

Clause 7 sets out the criteria for compulsory treatment. Compulsory treatment may only be given to people who have a severe substance addiction and whose capacity for making informed decisions about treatment for that addiction is severely impaired. Compulsory treatment must be necessary and appropriate treatment must be available.

Clause 8 sets out the meaning of severe substance addiction. This condition manifests itself in the compulsive use of a substance that is of such severity that it poses a serious danger to the health or safety of the person suffering from it or seriously diminishes the person’s ability to care for himself or herself. The definition is applicable only if the condition has at least 2 of the features listed in the clause. These are neuro-adaptation to the substance, craving for the substance, unsuccessful efforts to control the use of the substance, and use of the substance despite harmful consequences.

Clause 9 sets out conditions that constitute severe impairment of a person’s capacity to make informed decisions about treatment for a severe substance addiction.

Clause 10 states that compulsory treatment is necessary only if voluntary treatment is unlikely to be effective.

When compulsory status starts and ends

Clause 11 sets out when a person’s compulsory status starts and ends. Compulsory status of a person starts immediately after an approved specialist certifies that, in relation to the person, the criteria for compulsory treatment are met. Generally, the compulsory status lasts for a maximum of 8 weeks (see clause 32(3)), but that period may be extended for a further 8 weeks in the case of patients appearing to suffer from a brain injury. Compulsory status may end before the maximum period is reached if the court does not make an order for the continuation of compulsory status within prescribed times or the person is released by an order of a Judge or a responsible clinician.

Principles applying to exercise of powers

Clause 12 sets out the principles that guide persons and courts exercising powers under the Bill over patients. These principles include that the level of coercion used on patients should always be the least restrictive possible to enable effective treatment, that interferences with the rights of patients should be kept to a minimum, and that the interests of patients should remain at the centre of any decision making.

Clause 13 sets out further principles that are to guide persons and courts exercising powers under the Bill over patients who are under 18 years of age. These include participation by the family in decision making concerning the young patient, and that decisions affecting a child or young person should, whenever practicable, be made and implemented within a time frame that is appropriate to the sense of time of the child or young person.

Part 2Assessment and treatment of persons suffering from severe substance addiction

Subpart 1—Assessment

Clause 14 allows any person who is older than 18 years of age and who believes that another person has a severe substance addiction to apply to the Area Director to have that person assessed.

Clause 15 sets out the required contents of the application. The application must be accompanied by a medical certificate or, where attempts to have the person examined by a medical practitioner have been unsuccessful, by a memorandum that is completed by an authorised officer and states the matters set out in clause 18.

Clause 16 enables authorised officers to assist an applicant in arranging for a medical practitioner to examine the person whom the applicant seeks to have assessed.

Clause 17 sets out the required contents of a medical certificate. A medical practitioner must not sign a certificate if he or she is a relative of the applicant or of the person whom the applicant seeks to have assessed.

Clause 18 sets out the required contents of the memorandum that is completed by an authorised officer where attempts to have the person examined by a medical practitioner have been unsuccessful.

Clause 19 provides for arrangements to be made so that a person can be assessed by an approved specialist.

Clause 20 requires specialist assessments of children or young persons to be conducted, wherever practicable, by approved specialists who practise in the field of child or adolescent psychiatry or psychology.

Clause 21 provides for assistance where a person refuses to attend a specialist assessment. In that case, an authorised officer may take all reasonable steps to take the person to the approved specialist and to ensure that the approved specialist is able to assess the person. The authorised officer may call for Police assistance if necessary.

Clause 22 sets out how an approved specialist must conduct a specialist assessment. If the specialist assesses a person as having a severe substance addiction, the specialist must assess whether the person’s capacity to make informed decisions about treatment for that addiction is severely impaired. In making that assessment, the specialist must observe requirements relating to informing, and communicating with, the person. The specialist must then go on to assess whether compulsory treatment is necessary for the person and whether appropriate treatment for the person is available.

Clause 23 provides for the completion of compulsory treatment certificates by approved specialists. A certificate takes effect as soon as it is dated and signed.

Clause 24 restricts compulsory treatment certificates for children and young persons who are under 17 years of age. Such a certificate may only be signed if the approved specialist has confirmed whether the department responsible for the administration of the Children, Young Persons, and Their Families Act 1989 has any involvement with the child and young person and if the approved specialist is satisfied that appropriate treatment cannot be given to the child or young person under that Act.

Clause 25 requires an approved specialist who has signed a compulsory treatment certificate to notify the Area Director of the identity of the patient to whom the certificate relates.

Clause 26 entitles patients and specified persons concerned with the patient’s welfare to certain information, which must be provided as soon as practicable after the Area Director has been notified of the patient’s identity.

Clause 27 applies where, after completing a specialist assessment, the approved specialist considers that the criteria for compulsory treatment are not met. The specialist who undertakes the specialist assessment must, if that is appropriate, provide information about alternative options for treatment.

Subpart 2—Imposition and review of compulsory status

Clause 28 states that the Area Director must assign a responsible clinician to every patient for whom a compulsory treatment certificate has been signed and this must be done as soon as practicable after the Area Director is notified of the patient’s identity.

Clause 29 requires the patient’s responsible clinician to take certain steps. These are to prepare a treatment plan for the patient, to arrange to place the patient in a treatment centre, and to apply to the court for a review of the compulsory status of the patient.

Clause 30 requires a responsible clinician to direct that a patient be detained and treated in a treatment centre. The responsible clinician must obtain the agreement of the manager of the treatment centre and must take into account the wishes and preferences of the patient and the views of the patient’s principal caregiver, welfare guardian, and nominated person.

Clause 31 sets a period of 10 days for the determination of an application for review of the compulsory status of a patient. That period may, in some cases, be extended up to 20 days. If the application for review is not determined by the end of the period set by or under this clause, the application is dismissed and the patient must be released from compulsory status.

Clause 32 provides for the determination of applications to the court for review of a patient’s compulsory status. The Judge hearing the application may continue the compulsory status of the patient by making a compulsory treatment order if satisfied that the criteria for compulsory treatment are met in respect of the patient. If that is not the case, the Judge must order that the patient be immediately released from compulsory status. The effect of any compulsory treatment order is to continue the compulsory status of the patient until the close of the 56th day after the date on which the patient’s compulsory treatment certificate was signed unless the order is extended, under clause 47, for a further 56 days.

Clause 33 provides that a compulsory treatment order for children and young persons who are under 17 years of age may be made only if the court is satisfied that appropriate treatment cannot be given pursuant to an order or other determination under the Children, Young Persons, and Their Families Act 1989.

Clause 34 entitles a patient and other specified persons to apply to the court for an urgent review of the patient’s status on the grounds that the criteria for a compulsory treatment order are not met or, where a compulsory treatment order has not yet been made, that the compulsory treatment certificate should not have been given. On a review, a Judge must order the release of the patient from compulsory status if the Judge is not satisfied that the criteria for compulsory treatment are met.

Subpart 3—Compulsory treatment of patients

Clause 35 sets out the objective of compulsory treatment. This is to facilitate the stabilisation of the patient through medical treatment, including medically managed withdrawal, and, if possible, to restore the patient’s capacity to make informed decisions about the patient’s treatment and to give the patient an opportunity to engage in voluntary treatment.

Clause 36 requires a patient to accept treatment properly given under the Bill and to comply with every lawful direction given by or on behalf of the responsible clinician or the manager of the treatment centre.

Clause 37 authorises the responsible clinician to give or authorise any treatment, including medication, that he or she thinks fit. The responsible clinician is required to give or authorise the minimum medication, consistent with proper care, to ensure that the patient is not prevented from communicating adequately with any person engaged in proceedings to represent the patient.

Clause 38 states that a patient must not leave the treatment centre in which he or she is detained without leave. Once released from compulsory status, the patient must not be further detained.

Clause 39 allows the responsible clinician to grant a patient leave of absence from a treatment centre.

Clause 40 authorises an authorised officer to take a patient back to the treatment centre if the patient is absent without leave from the centre.

Clause 41 authorises the transfer of a patient from one treatment centre to another at the direction of the responsible clinician and with the agreement of the manager of the new treatment centre, and after consultation with the patient and the patient’s principal caregiver, welfare guardian, and nominated person.

Clause 42 requires the conduct at regular intervals of clinical reviews of the patient’s condition and any adjustments to be made to the patient’s treatment plan that are appropriate in light of those reviews.

Clause 43 requires the responsible clinician to order the release of a patient if the responsible clinician is satisfied that the criteria for compulsory treatment are no longer met or that no useful purpose would be served by the further compulsory treatment of the patient.

Clause 44 requires planning for a patient’s voluntary treatment and for care after his or her release from compulsory status.

Subpart 4—Extension of compulsory status in case of patients with brain injuries

Clause 45 requires a patient’s responsible clinician to review the patient’s condition if, at any time within 21 days before the date of the expiry of the patient’s compulsory treatment order, the responsible clinician considers that there are reasonable grounds to believe that the patient appears to suffer from a brain injury. The responsible clinician must record the findings of the review in a report.

Clause 46 provides that, if the responsible clinician considers, after completing a review under clause 45, that the criteria for compulsory treatment continue to be met and that the patient suffers from a brain injury, the responsible clinician may apply for an extension of the compulsory treatment order. The responsible clinician must apply within 14 days before the date on which the compulsory treatment order is to expire.

Clause 47 provides that the court may extend the patient’s compulsory treatment order for a further 56 days if it is satisfied that the criteria for compulsory treatment continue to be met and that there are reasonable grounds to believe that the patient suffers from a brain injury.

Clause 48 requires the responsible clinician of a patient whose compulsory treatment order has been extended to, within 28 days after an order is made under clause 47, prepare an updated treatment plan for the patient and to investigate whether an actual brain injury can be confirmed or excluded and to prepare a plan for the patient’s release from compulsory status. If the responsible clinician considers that reasonable grounds to believe the patient suffers from a brain injury do not exist, the patient must be released from compulsory status.

Subpart 5—Rights of patients

Rights applicable to all patients

Clause 49 entitles a patient to nominate a person who is 18 years of age or older to protect his or her interests under the Bill.

Clause 50 requires a patient to be kept informed of his or her rights.

Clause 51 entitles the patient’s principal caregiver, welfare guardian, and nominated person to be informed of certain key events. Those events include the patient’s absence from the treatment centre without leave, the patient’s release from compulsory status, his or her transfer to another treatment centre, and an application to extend the duration of his or her compulsory treatment order. If the patient has a child, any guardian of the child (for example, the child’s other parent) is entitled to be informed of those key events as well. Any agency involved in providing relevant services to the patient (for example, Child, Youth and Family) is also entitled to be informed of those key events.

Clause 52 entitles every patient to be treated in accordance with the objective of compulsory treatment set out in clause 35 and with the principles set out in clause 12. In the case of a child or young person, the principles set out in clause 13 also apply.

Clause 53 entitles every patient to medical treatment and other appropriate health care.

Clause 54 entitles every patient, before a treatment is given, to an explanation of the expected effects of the treatment.

Clause 55 entitles every patient to be informed of any visual or audio recording that is intended to be made of any interview or treatment of the patient. Any such recording, or use of a recording, requires the prior consent of the patient or his or her guardian or personal representative.

Clause 56 entitles every patient to consult a health professional who specialises in addiction medicine and is approved under clause 95 for a second opinion.

Clause 57 entitles every patient to request legal advice from a lawyer. A lawyer who agrees to act for the patient must be permitted access to the patient.

Clause 58 entitles every patient to the company of others.

Clause 59 entitles every patient to receive visitors and make and receive telephone calls, except for visitors or calls that the patient’s responsible clinician considers to be detrimental to the patient’s interests or treatment.

Clause 60 entitles every patient to receive and send mail (including letters, parcels, and articles) and electronic communications in a way that safeguards the patient’s privacy.

Limits on right to receive and send mail and electronic communications

Clause 61 allows mail and electronic communications to be checked if there are reasonable grounds to consider that they could be detrimental to the interests and treatment of the patient or of other persons in the treatment centre. However, mail or electronic communications sent by or to a lawyer must not be checked. Where it is considered that mail or electronic communications could be detrimental, the patient’s responsible clinician may direct that the patient not receive or send mail or electronic communications, or that the patient not receive or send mail or electronic communications of a particular class, or that the patient receive or send mail or electronic communications subject to conditions or under supervision.

Clause 62 provides that any direction that mail or electronic communications be checked or withheld requires the prior approval of the Area Director.

Clause 63 provides a constraint on the power to direct that mail or electronic communications be withheld from the patient or from the patient’s intended recipient. The direction must not prevent mail or electronic communications being received from or sent to a person holding any of the positions listed in the clause. The positions include those of member of Parliament, Judge, Ombudsman, and an approved specialist from whom the patient has sought a second opinion about the patient’s condition.

Clause 64 requires that, if any mail or electronic communications are not received or sent by a patient in accordance with a direction by the responsible clinician, the patient must be informed of that fact unless the responsible clinician is satisfied that informing the patient would be detrimental to the interests of the patient. If an item of incoming mail is withheld from a patient, it must be returned to the sender or, if the sender’s address is not known, sent to the district inspector or produced to the district inspector when he or she next visits the treatment centre. If an incoming electronic communication is withheld from the patient, the sender of the communication must be notified, if that is practicable and not detrimental to the interests of the patient or those of the sender.

Additional rights of children or young persons

Clause 65 entitles every child or young person to have an adult present at an examination that is conducted by a medical practitioner, at an assessment by an approved specialist, or at an interview by a Judge on a review. The adult who attends the examination, assessment, or interview must be nominated by the child or young person or, if that is impracticable, by the Area Director or an authorised officer.

Clause 66 requires a child or young person and his or her parents and guardians and other persons responsible for his or her care to be informed, wherever practicable, of any action or decision under the Bill that significantly affects the child or young person.

Complaints

Clause 67 requires complaints about any breach of a patient’s rights to be referred to a district inspector for investigation. The district inspector must report the matter to the Area Director, who must take all steps that are necessary to rectify the matter.

Subpart 6—Procedure

Clause 68 provides that the procedural matters set out in subpart 6 apply to applications to the court under the Bill, namely, applications by responsible clinicians for reviews of the compulsory status of patients, applications for urgent reviews of a patient’s status by patients and others, and applications for extensions of compulsory treatment orders.

Clause 69 defines who is a party for the purposes of applications under the Bill.

Clause 70 requires every application under the Bill to be dealt with by the Family Court. If it is not practicable for an urgent case to be determined by a Family Court Judge, any District Court Judge can determine the case.

Clause 71 sets out who may appear and be heard at a hearing of an application.

Clause 72 requires a responsible clinician who applies for a court order to serve the application and certain documents on the patient and the district inspector and to take reasonable steps to provide the application and the documents to every other person entitled to appear and be heard on the application.

Clause 73 requires a person who applies for an urgent review under clause 34 to serve the application on the responsible clinician and the district inspector and to take reasonable steps to provide the application to every other person entitled to appear and be heard on the application.

Clause 74 requires a district inspector to contact any patient who is the subject of an application to the court to find out, if possible, whether the patient wants the district inspector to appear before the court to be heard on the application. The district inspector must have regard to the views of the patient in deciding whether to appear on the application.

Clause 75 provides for a patient to be interviewed by a Judge before an application under clause 29(c) or 34 is heard. The Judge must order that the patient be immediately released from compulsory status if satisfied that the criteria for compulsory status are not met.

Clause 76 provides for the attendance of patients at hearings of applications. A patient must attend a hearing unless the Judge who interviewed the patient in accordance with clause 75 certifies that it would be in the patient’s best interests to excuse the patient, the court excuses the patient because of his or her condition, or the court excludes the patient for causing a disturbance that makes it impracticable to continue with the hearing in his or her presence.

Clause 77 allows persons who are entitled to appear and be heard at hearings of applications to be represented by lawyers and to call witnesses.

Clause 78 enables the court to request a qualified person to prepare a report on the patient.

Clause 79 allows every party to the application to offer evidence on matters covered in a report prepared under clause 78.

Clause 80 enables courts, in applications under the Bill, to receive evidence that would not otherwise be admissible.

Clause 81 requires the court or the Registrar of the court, in an application that relates to a child or young person under 18 years of age, to appoint a lawyer for the child or young person if the child or young person is not represented by a lawyer.

Clause 82 enables the court to call witnesses on the court’s own initiative.

Clause 83 enables the court to determine an application under the Bill without a formal hearing if it is satisfied that no person wishes to be heard.

Clause 84 provides that, where practicable, the services of interpreters must be available in applications involving patients whose first or preferred language is not English or who have a disability that prevents them from understanding spoken language.

Clause 85 provides for appeals to the High Court from decisions of the Family Court made on applications under the Bill.

Subpart 7—Administration and public assistance

Office holders

Clause 86 provides for the appointment of a Director of Addiction Services. The Director of Addiction Services is responsible for the general administration of this Bill under the direction of the Minister of Health and the Director-General of Health. Clause 87 allows the Director to delegate his or her functions, duties, and powers.

Clause 88 requires the Director of Addiction Services to appoint Directors of Area Addiction Services (Area Directors) for different areas. Clause 89 allows Area Directors to delegate functions, duties, and powers in certain circumstances.

Clause 90 requires the Minister of Health to appoint lawyers as district inspectors for different locations.

Clause 91 requires each Area Director to designate a sufficient number of health professionals as authorised officers within the area for which that Area Director is responsible. (The role of an authorised officer under this Bill parallels the role of a duly authorised officer under the Mental Health (Compulsory Treatment and Assessment) Act 1992.) In order to be designated as such, authorised officers must be appropriately trained and have appropriate competence in dealing with persons who have severe substance addictions.

Approved providers

Clause 92 authorises the Director of Addiction Services to appoint approved providers for the purposes of the Bill. Persons that are appointed under this clause must be certified, under the Health and Disability Services (Safety) Act 2001, to provide mental health services, and meet other requirements.

Clause 93 authorises the Director of Addiction Services and the Area Director to require approved providers to report on any thing covered by the Bill that has been done, or is required to be done, in a treatment centre operated by the approved provider.

Clinicians

Clause 94 requires the Area Director to ensure that a responsible clinician is assigned to every patient at all times.

Clause 95 requires the Director of Addiction Services to designate a sufficient number of health professionals as approved specialists.

Clause 96 enables the Minister of Health to designate bodies corporate that register certain practitioners for the purposes of the definition of health professional in the Bill.

Assistance to members of public

Clause 97 requires the Area Director and authorised officers acting with his or her authority to respond to general inquiries from members of the public about the administration of the Bill or about the availability of services.

Subpart 8—Inspections

Clause 98 provides for district inspectors to visit treatment centres in which patients are detained.

Clause 99 gives a district inspector access to every part of a treatment centre and to every person in it, and requires the manager of the treatment centre to present specified documents to the district inspector on request.

Clause 100 requires a district inspector, after a visit to a treatment centre, to report to the Area Director within 14 days after the visit.

Clause 101 enables a district inspector to conduct an inquiry into conduct that occurs within a treatment centre and into any concern raised in relation to the care, treatment, or conduct of a patient. The district inspector has relevant powers under the Inquiries Act 2013.

Clause 102 requires district inspectors to send the Director of Addiction Services written reports every month.

Clause 103 protects district inspectors from civil liability for anything done or said in the exercise or performance, or intended exercise or performance of their functions, duties, or powers under the Bill, except when it is shown that they acted in bad faith.

Clause 104 clarifies that the Bill does not limit the investigative powers under the Crimes of Torture Act 1989.

Subpart 9—Enforcement

Clause 105 confers powers on constables for the purpose of providing Police assistance, where assistance is requested by authorised officers performing specified duties. The clause also sets conditions and limits on the exercise of those powers. A constable must, before exercising a power under this clause, obtain a warrant if it is reasonably practicable to do so.

Clause 106 provides for patients who are absent from their treatment centres without leave to be returned to those centres by persons holding certain offices, including responsible clinicians and constables. A constable must, before apprehending a patient under this clause, obtain a warrant if it is reasonably practicable to do so.

Clause 107 provides for the issue of a warrant authorising constables to take persons to places that they are required to attend for assessments or for admission to a treatment centre, or to return patients to treatment centres if they are absent without leave.

Clause 108 gives persons who are authorised to take patients to treatment centres and other places the protection from liability that they would have under the Crimes Act 1961 as if they had made, or assisted with, an arrest under that Act.

Clause 109 allows persons who are authorised under the Bill to take or retake patients or to take and detain persons for examination purposes to use such force as is reasonably necessary in the circumstances. Such force may also be used by a person treating a patient or giving a lawful direction to a patient in accordance with the Bill.

Offences

Clause 110 makes it an offence for the manager of a treatment centre or a person employed or engaged by the manager or the service that operates the treatment centre and any other person performing any function or exercising any power in relation to a patient under the Bill to intentionally ill-treat or intentionally neglect a patient.

Clause 111 makes it an offence for the manager of a treatment centre or a person employed or engaged by the manager or the service that operates the treatment centre to intentionally permit or assist a patient to be absent without leave or to attempt to be absent without leave. The clause also provides that it is an offence to facilitate such an absence or attempted absence or to assist a patient to avoid, or attempt to avoid, being apprehended or taken back to a treatment centre.

Clause 112 makes it an offence for the manager of a treatment centre or a person employed or engaged by the manager or the service that operates the treatment centre to conceal, or attempt to conceal, anything from a district inspector, Director, or Area Director or to wilfully obstruct, or attempt to obstruct, an inspection by a district inspector, Director, or Area Director.

Clause 113 makes it an offence to include anything in a certificate that is false or misleading.

Clause 114 makes it an offence to fail to include in documents particulars required by the Bill and to include false particulars in documents.

Matters of justification or excuse

Clause 115 protects managers of treatment centres, responsible clinicians, authorised officers, and other persons from criminal responsibility if they act in good faith in reliance on a notice, a certificate, or an order under the Bill that they believe was lawfully given or made.

Part 3Subordinate instruments and transitional and miscellaneous provisions

Guidelines, standards, rules, and regulations

Clause 116 authorises the Director-General of Health to issue guidelines and standards for the care and treatment of patients.

Clause 117 authorises the making of rules to regulate the practice and procedure of Family Courts in proceedings under this Act.

Clause 118 empowers the Governor-General by Order in Council to make regulations for specified purposes.

Miscellaneous provisions

Clause 119 requires certain matters concerning the operation of the Bill to be disclosed in every annual report of the Ministry of Health.

Clause 120 contains provisions relating to delegations of functions, duties, and powers made by the Director of Addiction Services and by Area Directors.

Clause 121 gives effect to Schedule 2, which makes consequential amendments to various Acts and legislative instruments, repeals the Alcoholism and Drug Addiction Act 1966, and revokes subordinate instruments made under that Act.