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