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Substance Addiction (Compulsory Assessment and Treatment) Act 2017
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Ministry of Health
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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
Contents
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
The Parliament of New Zealand enacts as follows: