1. Compulsory Treatment for Alcohol or Drug Addiction
The Alcoholism and Drug Addiction Act 1966

2. Comparing the two Acts Alcoholism and Drug Addiction Act 1966
Mental Health (Compulsory Assessment and Treatment) Act 1992

3. 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

4. Mental Health Act – key features
Compulsory assessment and treatment
Focus on community-based treatment
Special rights and protections for patients
Respect for different cultures

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

6. 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

7. Alcoholism and Drug
Addiction Act
Mental Health Act

8. 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”

9. 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”

10. 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

11. 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

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

13. 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?

14. Voluntary applications Involuntary applications
Court order for treatment

15. 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

16. 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

17. 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

18. 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