Severe Substance Dependence Treatment Act 2010

An application for a detention and treatment order must be heard by the Magistrates' Court within 72 hours of the filing of the application.

The person who is the subject of the application has the right to appear at the hearing of the application.

In hearing the application, the Court is not bound by rules or practice as to evidence but may inform itself in relation to any matter in the manner it thinks fit.

Without limiting subsection (3), the Court may permit the person who is the subject of the application to lead evidence and cross-examine witnesses.

The onus of proof is on the applicant to establish on the balance of probabilities that each of the criteria for detention and treatment applies to the person who is the subject of the application.