1Purpose
The purpose of this Act is to provide for the detention and treatment of persons with a severe substance dependence.
Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
Bill homepage (legislation.vic.gov.au)The purpose of this Act is to provide for the detention and treatment of persons with a severe substance dependence.
Subject to subsection (2), this Act comes into operation on a day to be proclaimed.
If this Act does not come into operation before 1 March 2011, it comes into operation on that day.
The objectives of this Act are—
to provide for the detention and treatment of persons with a severe substance dependence where this is necessary as a matter of urgency to save the person's life or prevent serious damage to the person's health; and
to enhance the capacity of those persons to make decisions about their substance use and personal health, welfare and safety.
This Act must be interpreted, and every function conferred or imposed by this Act must be performed or exercised, so that—
detention and treatment is a consideration of last resort; and
any limitations on the human rights and any interference with the dignity and self-respect of a person who is the subject of any actions authorised under this Act are kept to the minimum necessary to achieve the objectives specified in subsection (1).
In this Act—
ambulance paramedic means a person employed or engaged by an ambulance service, within the meaning of the Ambulance Services Act 1986—
as an ambulance paramedic or intensive care paramedic; or
in any capacity to provide medical or other assistance to patients in an emergency;
Court means the Magistrates' Court;
criteria for detention and treatment means the criteria specified in section 8(2);
detention and treatment order means an order for the detention and treatment of a person at a treatment centre made under section 20;
family member, of a person, has the same meaning as in section 3A of the Magistrates' Court Act 1989;
S. 4 def. of guardian substituted by No. 13/2019 s. 47.1(a).
guardian has the same meaning as in the Guardianship and Administration Act 2019;
magistrate means a person who holds the office of magistrate under section 7 of the Magistrates' Court Act 1989 or acting magistrate under section 9 of that Act;
manager, of a treatment centre, means the person in charge of the treatment centre or a person acting in that capacity;
S. 4 def. of nurse inserted by No. 39/2010 s. 127(3).
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);
S. 4 def. of nurse practitioner substituted by No. 39/2010 s. 127(4).
nurse practitioner means a nurse whose registration is endorsed by the Nursing and Midwifery Board of Australia under section 95 of the Health Practitioner Regulation National Law;
S. 4 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 153.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 4 def. of Public Advocate amended by No. 13/2019 s. 47.1(b).
Public Advocate has the same meaning as in the Guardianship and Administration Act 2019;
S. 4 def. of registered medical practitioner substituted by No. 39/2010 s. 127(1).
registered medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
S. 4 def. of registered nurse repealed by No. 39/2010 s. 127(2).
* * * * *
Secretary means the Secretary to the Department of Health;
senior clinician, of a treatment centre, means—
the registered medical practitioner appointed by the governing body of the treatment centre under section 7(2) to be the senior clinician of the centre; or
a registered medical practitioner or nurse practitioner who is exercising the powers and functions of the senior clinician delegated to him or her under section 7(3) by the person referred to in paragraph (a);
treatment has the meaning given in section 6(1);
treatment centre means a premises or service declared by the Secretary under section 7(1) to be a treatment centre;
treatment team means the team of people who are employed or engaged by the treatment centre to implement a treatment plan for a person detained at the treatment centre under a detention and treatment order.
For the purposes of this Act, a person has a severe substance dependence if—
the person has a tolerance to a substance; and
the person shows withdrawal symptoms when the person stops using, or reduces the level of use of, the substance; and
the person is incapable of making decisions about his or her substance use and personal health, welfare and safety due primarily to the person's dependence on the substance.
For the purposes of this Act, treatment means anything done in the course of the exercise of professional skills to provide medically assisted withdrawal from a severe substance dependence or to lessen the ill effects, or the pain and suffering, of the withdrawal.
S. 6(2) amended by Nos 69/2016 s. 160, 13/2019 s. 47.2.
This Act prevails over the Medical Treatment Planning and Decisions Act 2016 and the Guardianship and Administration Act 2019 in respect of any treatment given under this Act including any treatment given under an order made under this Act.
The Secretary may by notice published in the Government Gazette declare—
a premises (including part of a building or place) at which treatment is to be provided; or
a service through which treatment is to be provided—
to be a treatment centre.
The governing body of a treatment centre must appoint a suitably qualified registered medical practitioner to be the senior clinician of the centre.
The senior clinician may by written instrument delegate to a suitably qualified registered medical practitioner or nurse practitioner any power, duty or function of the senior clinician other than this power of delegation.
For the purposes of subsections (2) and (3), a practitioner is suitably qualified if the practitioner has relevant expertise in severe substance dependence and its treatment.
A person must not be detained, or continue to be detained, for treatment under this Act unless—
the person is 18 years of age or older; and
each of the criteria specified in subsection (2) applies to the person.
The criteria for the detention and treatment of a person under this Act are that—
the person has a severe substance dependence; and
because of the person's severe substance dependence, immediate treatment is necessary as a matter of urgency to save the person's life or prevent serious damage to the person's health; and
the treatment can only be provided to the person through the admission and detention of the person in a treatment centre; and
there is no less restrictive means reasonably available to ensure the person receives the treatment.
The Magistrates' Court has exclusive jurisdiction to hear and determine any application made under this Act for a detention and treatment order or the revocation of a detention and treatment order.
In respect of any proceedings under this Act, the Magistrates' Court Act 1989 applies except to the extent that provision is otherwise made under this Act.
The Chief Magistrate may from time to time issue practice directions, statements or notes for the Magistrates' Court in relation to proceedings under this Act.
A person who is 18 years of age or older may file an application at the proper venue of the Magistrates' Court requesting that the Court make a detention and treatment order in respect of a person.
The application must—
be in the prescribed form and contain the prescribed information; and
have attached a recommendation for the detention and treatment of the person who is the subject of the application made by a prescribed registered medical practitioner that is current at the time of the filing of the application.
Note
Under section 12(7)(b), a recommendation for the detention and treatment of a person remains current for 72 hours after the examination on which the recommendation is based.
Within 24 hours of the filing of the application, the applicant must take all reasonable steps to—
personally serve a copy of the application, together with a copy of the recommendation and any other documents filed with the application on the person who is the subject of the application; and
serve a copy of the application, together with a copy of the recommendation and any other documents filed with the application on the senior clinician or the manager of the treatment centre at which it is proposed to detain the person.
For the purposes of subsection (1), the proper venue of the Magistrates' Court is the venue of the Court that is nearest to the place of residence of the person who is the subject of the application.
An applicant for a detention and treatment order under section 10 must make a request to VCAT to provide the following information—
whether or not a guardianship order is in force in respect of the person who is the subject of the application; and
if so, the name and contact details of the person's guardian.
If—
a guardian has been appointed for the person; and
VCAT is satisfied that the request for the guardian's name and contact details is made pursuant to subsection (1)—
VCAT must provide the guardian's name and contact details to the applicant.
If a guardian has been appointed for the person, the applicant must, within 24 hours of the filing of the application, take all reasonable steps to serve the guardian with a copy of the application, together with a copy of the recommendation and any other documents filed with the application.
A prescribed registered medical practitioner may make a recommendation for the detention and treatment of a person if—
the prescribed registered medical practitioner has personally examined the person; and
in the opinion of the prescribed registered medical practitioner, each of the criteria for detention and treatment applies to the person; and
the prescribed registered medical practitioner has complied with subsection (2).
If, after personally examining a person, a prescribed registered medical practitioner is of the opinion that each of the criteria for detention and treatment applies to the person, the prescribed registered medical practitioner must consult with the senior clinician of the treatment centre at which it is proposed to detain the person.
As part of the consultation required under subsection (2), the prescribed registered medical practitioner must—
provide information about—
the nature of the person's severe substance dependence; and
the nature of the urgent risk to the person's life or health; and
any previous efforts to treat the person's severe substance dependence; and
discuss if there are any less restrictive options available to ensure the person receives treatment; and
confirm that the treatment centre has facilities or services available to treat the person.
A recommendation made by a prescribed registered medical practitioner under subsection (1) must—
specify the facts upon which the opinion that each of the criteria for detention and treatment applies to the person is based; and
distinguish the facts personally observed by the prescribed registered medical practitioner from facts not personally observed.
If the prescribed registered medical practitioner relies on facts additional to his or her own observations, the prescribed registered medical practitioner must have reasonable grounds for relying on those facts.
Before examining a person with the intention of determining whether or not to make a recommendation for the person's detention and treatment, the prescribed registered medical practitioner must, to the extent that is reasonable, explain the purpose of the examination to the person and must record in the clinical notes of the examination what steps were taken to give that explanation to the person.
A recommendation for the detention and treatment of a person—
must be in the prescribed form and contain the prescribed information; and
remains current for 72 hours after the examination on which the recommendation is based.
A prescribed registered medical practitioner must not make a recommendation for the detention and treatment of a person if the prescribed registered medical practitioner is—
the applicant for the detention and treatment order for the person; or
a family member of the person; or
the person's guardian; or
the senior clinician of the treatment centre in which it is proposed to detain the person.
Showing the first 12 of 47 provisions. See all provisions