Compulsory Treatment for Alcohol or Drug Addiction The 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 Compulsory assessment and treatment Focus on community-based treatment Special rights and protections for patients Respect for different cultures

Alcoholism and Drug Addiction Act - key features Compulsory treatment All treatment in institutions Few rights or protections Doesn’t refer to “culture”

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

Alcoholism and Drug Addiction Act Mental Health 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

Two types of applications Voluntary applications you apply yourself under section 8 Involuntary applications by relative, Police, “reputable person” under section 9

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