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

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Presentation on theme: "Compulsory Treatment for Alcohol or Drug Addiction The Alcoholism and Drug Addiction Act 1966."— Presentation transcript:

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 Respect for different cultures Special rights and protections for patients Focus on community-based treatment Compulsory assessment and treatment

5 Alcoholism and Drug Addiction Act - key features Doesnt refer to culture Few rights or protections All treatment in institutions Compulsory treatment

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 Mental Health Act Alcoholism and Drug Addiction 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 Youre an alcoholic if (according to the Act) Youre 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 Youre a drug addict if (according to the Act) Youre 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 Voluntary applications you apply yourself under section 8 Involuntary applications by relative, Police, reputable person under section 9 Two types of applications

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 youre 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 – –youre 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 cant afford a lawyer Attend the court hearing to challenge the application –You can bring witnesses and evidence –You can cross-examine the applicants witnesses

18 Challenging an order after its made Appeal against Judges 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 institutions managers Can appeal their decision to High Court


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