Substance Addiction (Compulsory Assessment and Treatment) Act 2017

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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Public Act		2017 No 4
Date of assent		21 February 2017
Commencement		see section 2

1	Title
2	Commencement
	Part 1 Preliminary provisions
	Purpose
3	Purpose
	Interpretation
4	Interpretation
	Preliminary matters
5	Act binds the Crown
6	Transitional, savings, and related provisions
	Criteria for compulsory treatment
7	Criteria for compulsory treatment
8	Meaning of severe substance addiction
9	Capacity to make informed decisions
10	Compulsory treatment to be option of last resort
	When compulsory status starts and ends
11	Compulsory status
	Principles applying to exercise of powers
12	Principles applying to exercise of powers over patients
13	Additional principles applying to exercise of powers over children or young persons
	Part 2 Assessment and treatment of persons suffering from severe substance addiction
	Subpart 1—Assessment
14	Application for assessment
15	Application requirements
16	Assistance in arranging medical examination for application
17	Medical certificate
18	Memorandum by authorised officer
19	Arrangements for specialist assessment
20	Certain approved specialists to undertake assessment of child or young person, if practicable
21	Assistance in arranging specialist assessment
22	Requirements for specialist assessment
23	Compulsory treatment certificate
24	Restriction on signing compulsory treatment certificate for child or young person
25	Approved specialist to notify Area Director and arrange patient’s detention
26	Information to be given to patient and others
27	If compulsory treatment certificate not signed, advice must be given
	Subpart 2—Imposition and review of compulsory status
28	Responsible clinician to be assigned
29	Initial steps to be taken by responsible clinician
30	Detention and treatment in treatment centre
31	Patient must be released if review not determined within prescribed period
32	Court may make compulsory treatment order
33	Restriction on making compulsory treatment order in respect of child or young person
34	Right to apply to court for urgent review of patient’s status
	Subpart 3—Compulsory treatment of patients
35	Objective of compulsory treatment
36	Requirement to accept treatment
37	Treatment given or authorised by responsible clinician
38	Requirement to stay in treatment centre
39	Leave of absence on compassionate, medical, or other grounds
40	Return of patient
41	Transfer to another treatment centre
42	Condition of patient to be kept under review
43	Release from compulsory status
44	Plan for future treatment and care
	Subpart 4—Extension of compulsory status in case of patients with brain injuries
45	Review where patient appears to suffer from brain injury
46	Application for extension of compulsory treatment order
47	Court may extend order
48	Steps to be taken after extension of order
	Subpart 5—Rights of patients
	Rights applicable to all patients
49	Right to nominate person to protect patient’s interests
50	Patient to be informed of his or her rights
51	Principal caregiver, welfare guardian, and nominated person to be informed of events affecting patient
52	Right to be dealt with in accordance with objective of compulsory treatment and with principles
53	Right to treatment
54	Right to be informed about treatment
55	Rights in case of visual or audio recording
56	Right to independent advice from approved specialist
57	Right to legal advice
58	Right to company
59	Right to receive visitors and make and receive telephone calls
60	Right to receive and send mail and electronic communications
	Limits on right to receive and send mail and electronic communications
61	Checking and withholding mail and electronic communications
62	Approval required to check and withhold mail and electronic communications
63	Mail and electronic communications not to be withheld if sent by or to certain people
64	Procedure where mail and electronic communications withheld
	Additional rights of children or young persons
65	Child or young person entitled to have adult present
66	Parents and others to be informed of decisions
	Complaints
67	Complaint of breach of rights
	Subpart 6—Procedure
68	Application of this subpart
69	Meaning of party
70	Jurisdiction of Family Court
71	Persons entitled to appear and be heard
72	Service where application made by responsible clinician
73	Service where application made by, or on behalf of, patient
74	Responsibility of district inspector on application
75	Judge to interview patient before application for review heard
76	Attendance of patient at hearing
77	Representation of persons entitled to be heard, and special rights of patient
78	Court may call for report on patient
79	Evidence on report
80	Court not bound by rules of evidence
81	Appointment of lawyer to represent child or young person
82	Power of court to call witnesses
83	Court may dispense with hearing in certain circumstances
84	Interpreters to be provided
85	Appeals from decisions of Family Courts
	Subpart 7—Administration and public assistance
	Office holders
86	Director of Addiction Services
87	Director may delegate functions, duties, and powers
88	Directors of Area Addiction Services in specified areas
89	Area Director may delegate functions, duties, and powers
90	District inspectors
91	Authorised officers
	Approved providers
92	Designation of approved providers
93	Reporting duties of approved providers
	Clinicians
94	Responsible clinicians
95	Designation of approved specialists
96	Designation of bodies for purposes of definition of health professional
	Assistance to members of public
97	Advice and assistance of general nature
	Subpart 8—Inspections
98	District inspectors to visit treatment centres
99	Inspectors’ access to persons and documents
100	Reports on visits
101	Inquiries by district inspector
102	District inspectors to report monthly
103	No proceedings against district inspectors unless bad faith shown
104	Crimes of Torture Act 1989 not limited
	Subpart 9—Enforcement
105	Police assistance
106	Apprehension of patients not permitted to be absent from treatment centre
107	Judge or Registrar may issue warrant
108	Certain sections of Crimes Act 1961 apply to powers to take and retake
109	Use of force
	Offences
110	Neglect or ill-treatment of patients
111	Assisting patient to be absent from treatment centre without leave
112	Obstruction of inspection
113	False or misleading certificates
114	Further offences involving false or misleading documents, etc
	Matters of justification or excuse
115	Matters of justification or excuse
	Part 3 Subordinate instruments and miscellaneous provisions
	Guidelines, standards, rules, and regulations
116	Director-General may issue guidelines and standards
117	Rules
118	Regulations
	Miscellaneous provisions
119	Matters to be disclosed in annual report
120	Ministry must review Act
121	Provisions applying to delegations under section 87 or 89
122	Consequential amendments and repeal and revocations
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Consequential amendments, repeal, and revocations
	Legislative history
	Administrative information

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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Substance Addiction (Compulsory Assessment and Treatment) Act 2017

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