New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Drug and Alcohol Treatment
Amendment (Rehabilitation of Persons
with Severe Substance Dependence)
Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7 3
b2010-169-11.d23
New South Wales
Drug and Alcohol Treatment
Amendment (Rehabilitation of Persons
with Severe Substance Dependence)
Bill 2012
No , 2012
A Bill for
An Act to amend the Drug and Alcohol Treatment Act 2007 to further provide for the
involuntary rehabilitative care of persons with severe substance dependence; and for
other purposes.
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Clause 1 Severe Substance Dependence) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Drug and Alcohol Treatment Amendment 3
(Rehabilitation of Persons with Severe Substance Dependence) 4
Act 2012. 5
2 Commencement 6
This Act commences 3 months after the date of assent to this Act. 7
Page 2
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
Schedule 1 Amendment of Drug and Alcohol 1
Treatment Act 2007 No 7 2
[1] Section 3 Objects of Act 3
Insert "rehabilitative" after "involuntary" in section 3 (1) (a). 4
[2] Section 3 (1) (e) and (f) 5
Insert at the end of section 3 (1) (d): 6
, and 7
(e) to facilitate post-rehabilitative care and assistance for 8
those persons so as to help the re-integration of those 9
persons into the workforce and society, and 10
(f) to grant the police, and the staff of treatment centres, the 11
necessary powers to achieve these objects. 12
[3] Section 3 (2) (a) 13
Insert ", or involuntary treatment of those persons on an out-patient basis," 14
after "persons". 15
[4] Section 4 Application of Act 16
Insert at the end of the section (with appropriate numbering): 17
() In this section, a reference to a minor is a reference to a person 18
under the age of 16 years. 19
[5] Section 5 Definitions 20
Insert in alphabetical order in section 5 (1): 21
Category A dependency certificate means a dependency 22
certificate recommending that the dependent person be detained 23
for treatment under this Act. 24
Category B dependency certificate means a dependency 25
certificate recommending that the dependent person receive 26
out-patient treatment under this Act. 27
in-patient treatment centre means a facility declared under 28
section 8 to be an in-patient treatment centre. 29
out-patient treatment centre means a facility declared under 30
section 8 to be an out-patient treatment centre. 31
Page 3
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
[6] Section 5 (1), definition of "dependency certificate" 1
Omit the definition. Insert instead: 2
dependency certificate means a certificate issued under 3
section 9A. 4
[7] Section 5 (1), definition of "treatment centre" 5
Omit the definition. Insert instead: 6
treatment centre means: 7
(a) an in-patient treatment centre, or 8
(b) an out-patient treatment centre. 9
[8] Part 2, heading 10
Omit the heading. Insert instead: 11
Part 2 Involuntary treatment 12
[9] Section 6 General restriction on involuntary detention 13
Omit "a treatment centre". Insert instead "an in-patient treatment centre". 14
[10] Section 6 15
Insert "Category A" before "dependency certificate". 16
[11] Section 8 Declaration of treatment centres 17
Omit "a treatment centre" from section 8 (1) (a). 18
Insert instead "an in-patient treatment centre or an out-patient treatment 19
centre". 20
[12] Section 8 (1A) 21
Insert after section 8 (1): 22
(1A) The Director-General must not declare any premises to be an 23
in-patient treatment centre or an out-patient treatment centre 24
unless the Director-General is satisfied that its facilities for the 25
rehabilitation of persons with severe substance dependence are 26
safe and adequate. 27
Page 4
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
[13] Sections 9 and 9A 1
Omit section 9. Insert instead: 2
9 Certain persons may request assessment of person with 3
suspected severe substance dependence 4
(1) A concerned person may, if he or she reasonably suspects that 5
another person has a severe substance dependence, request an 6
accredited medical practitioner to assess the other person for 7
treatment under this Act. 8
(2) In this section: 9
concerned person means any of the following: 10
(a) a medical practitioner, 11
(b) a social worker, 12
(c) a police officer, 13
(d) a psychologist, 14
(e) a member of staff of a community-based not-for-profit 15
organisation that provides services that include the 16
rehabilitation of persons with a severe substance 17
dependence, 18
(f) a member of staff of a private health facility (within the 19
meaning of the Private Health Facilities Act 2007) that 20
provides services that include the rehabilitation of persons 21
with a severe substance dependence, 22
(g) a close friend or relative of the person with a suspected 23
severe substance dependence, 24
(h) the primary carer, or any other care-giver, of the person 25
with a suspected severe substance dependence, 26
(i) the Director-General. 27
9A Assessing persons for treatment 28
(1) An accredited medical practitioner who has been requested to 29
assess a person for treatment under this Act may carry out that 30
assessment. 31
(2) After assessing the person, the accredited medical practitioner 32
may issue a certificate (a dependency certificate): 33
(a) in the form shown in Schedule 2, recommending that the 34
dependent person be detained for in-patient treatment 35
under this Act (a Category A dependency certificate), or 36
Page 5
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
(b) in the form shown in Schedule 2A, recommending that, 1
instead of being detained, the dependent person receive 2
treatment at an out-patient treatment centre under this Act 3
(a Category B dependency certificate). 4
(3) A dependency certificate must not be issued in relation to a 5
person unless the accredited medical practitioner is satisfied that: 6
(a) the person has a severe substance dependence, and 7
(b) the care, treatment or control of the person is necessary: 8
(i) to protect the person from harm to his or her own 9
physical or mental health, or 10
(ii) to protect others (including, but not limited to, 11
children in the care of the person, or dependants of 12
the person) from harm to their physical or mental 13
health, or 14
(iii) to remove the risk of the person committing an 15
offence due to the person's severe substance 16
dependence, and 17
(c) the person is likely to benefit from treatment for his or her 18
substance dependence but is unable or unwilling to 19
participate in treatment voluntarily, and 20
(d) no other appropriate and less restrictive means for dealing 21
with the person are reasonably available. 22
(4) A dependency certificate must not be issued in relation to a 23
person unless the accredited medical practitioner has sought the 24
involvement of the person in the process of planning and 25
developing a personalised plan for the person's rehabilitation and 26
treatment. 27
(5) A Category B dependency certificate must not be issued in 28
relation to a person unless: 29
(a) in addition to being satisfied of the matters specified in 30
subsection (3), the accredited medical practitioner is 31
satisfied that out-patient treatment is an appropriate 32
treatment for the person, having regard to the person's 33
medical condition and personal circumstances, and 34
(b) the accredited medical practitioner has explained to the 35
person the elements of out-patient treatment, including the 36
implanting of naltrexone under the person's skin, and 37
(c) the person has agreed in writing: 38
(i) to have naltrexone implanted under his or her skin, 39
and 40
Page 6
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
(ii) to co-operate with any measures for monitoring the 1
persons's substance use or other behaviour, and 2
(iii) to receive the counselling required by this Act. 3
(6) A Category B dependency certificate: 4
(a) must specify: 5
(i) the intervals at which the dependent person must 6
attend the out-patient treatment centre for the 7
implanting of naltrexone under the person's skin, 8
and 9
(ii) the measures to be taken by the treatment centre for 10
monitoring the person's substance use or other 11
behaviour, and 12
(iii) the out-patient counselling for relapse prevention 13
that the person must attend, and 14
(b) may specify the further counselling that the dependent 15
person must attend for medical problems (other than 16
severe substance dependence) that the dependent person 17
has (including, but not limited to, mental health problems, 18
chronic pain and barriers to social adjustment or recovery). 19
(7) A Category B dependency certificate cannot be issued after the 20
date appointed under section 15A (3). 21
[14] Section 10 Order for assessment 22
Omit section 10 (6). 23
[15] Sections 11A and 11B 24
Insert after section 11: 25
11A Legal representation for persons before dependency certificate 26
issued 27
An accredited medical practitioner must not issue a dependency 28
certificate in relation to a person unless the medical practitioner 29
has given the person a reasonable opportunity to seek legal 30
representation before the certificate is issued. 31
Page 7
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
11B Parent or guardian of young person must consent to assessment 1
and issue of dependency certificate 2
If a person proposed to be assessed under section 9A is under the 3
age of 18 years, the accredited medical practitioner conducting 4
the assessment: 5
(a) must, before conducting the assessment, obtain the consent 6
of the parent or guardian of the young person to the 7
conduct of an assessment, and 8
(b) must, before issuing a dependency certificate, obtain the 9
consent of the parent or guardian of the young person to 10
the issue of the dependency certificate. 11
[16] Sections 14 and 14A 12
Omit section 14. Insert instead: 13
14 Term of dependency certificates 14
(1) If an accredited medical practitioner issues a Category A 15
dependency certificate in relation to a person, the person must not 16
be detained for treatment for more than 90 days after the day the 17
certificate is issued. 18
(2) If an accredited medical practitioner issues a Category B 19
dependency certificate in relation to a person, the person must not 20
be required to undergo treatment (including counselling) for 21
more than 90 days after the day the certificate is issued. 22
14A Review of Category A dependency certificates 23
An accredited medical practitioner must, as soon as practicable 24
after the practitioner issues a Category A dependency certificate 25
in relation to a person being assessed, bring the person before a 26
Magistrate for a review of the issue of the certificate. 27
[17] Sections 14B and 14C 28
Insert before section 15: 29
14B Choice of treatment centre for treatment of specific dependent 30
persons 31
(1) The Director-General may determine the treatment centre in 32
which a specified dependent person, or a class of dependent 33
persons, is to be treated. 34
(2) In making that determination, the Director-General is to have 35
regard to the best interests of the dependent person or persons 36
concerned. 37
Page 8
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
(3) The Director-General may direct that a specified dependent 1
person receive treatment in a hospital rather than a treatment 2
centre. If such a direction is made, any reference in this Act to a 3
treatment centre includes a reference to that hospital. 4
14C Detention and treatment of persons subject to Category A 5
dependency certificates 6
(1) If a Category A dependency certificate is issued in relation to a 7
person, the person: 8
(a) may be detained in accordance with the certificate, and 9
(b) must not be taken into detention if more than 14 days have 10
elapsed after the issue of the dependency certificate. 11
(2) The treatment of such a dependent person must commence no 12
later than 7 days after the person arrives at the relevant treatment 13
centre. 14
[18] Section 15 Treatment of dependent persons 15
Omit "detained in" from section 15 (1). Insert instead "at". 16
[19] Section 15 (1) (b) 17
Insert "his or her legal representative or (in the case of a person subject to a 18
Category A dependency certificate) with" after "adequately with". 19
[20] Section 15 (3) and (4) 20
Insert after section 15 (2): 21
(3) An accredited medical practitioner responsible for the care of a 22
dependent person must give the dependent person an opportunity 23
to be involved in the process of planning and developing a 24
personalised plan for his or her rehabilitation and treatment. 25
(4) A dependent person is entitled to competent and reasonable care: 26
(a) while being detained in an in-patient treatment centre, or 27
(b) while being treated or counselled at an out-patient 28
treatment centre. 29
Page 9
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
[21] Sections 15A-15C 1
Insert after section 15: 2
15A Treatment of persons subject to Category B dependency 3
certificate 4
(1) A dependent person the subject of a Category B dependency 5
certificate must: 6
(a) attend the relevant treatment centre for the implanting of 7
naltrexone under his or her skin at the intervals specified in 8
the dependency certificate, and 9
(b) agree to being implanted with naltrexone at the intervals 10
specified in the dependency certificate, and 11
(c) agree to undergo a weekly urine test, and 12
(d) co-operate with any other measures for monitoring the 13
person's substance use or other behaviour that are 14
specified in the dependency certificate, and 15
(e) attend any counselling for relapse prevention that is 16
specified in the dependency certificate, and 17
(f) attend any other counselling for any other medical problem 18
that is specified in the dependency certificate. 19
(2) This section applies to a dependent person for the period 20
specified in the dependency certificate. That period cannot 21
exceed 90 days. 22
(3) This section is repealed on a date appointed by proclamation for 23
its repeal. 24
15B Persons subject to Category B dependency certificate who 25
commit more than one punishable breach to be detained 26
(1) This section applies to a dependent person the subject of a 27
Category B dependency certificate: 28
(a) who, during the period specified in the dependency 29
certificate, has, on more than one occasion, committed a 30
punishable breach, and 31
(b) who was, after the first punishable breach, warned by the 32
director of the relevant treatment centre of the 33
consequences of any further punishable breach. 34
(2) If this section applies: 35
(a) the person may be detained in accordance with the 36
dependency certificate issued in relation to the person as if 37
Page 10
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
the person were the subject of a Category A dependency 1
certificate, and 2
(b) this Act applies to the person as follows: 3
(i) sections 14A and 14C apply to the person as if the 4
person were the subject of a Category A dependency 5
certificate issued on the same day as the person 6
committed the second or subsequent punishable 7
breach, 8
(ii) the remainder of this Act applies to the person as if 9
the person were the subject of a Category A 10
dependency certificate issued on the same day, and 11
for the same term, as the Category B dependency 12
certificate was in fact issued. 13
(3) In this section: 14
punishable breach means: 15
(a) a breach of section 15A (1), or 16
(b) the provision of a urine sample in which a substance listed 17
in Schedule 1 is detected, or 18
(c) the detection of a substance listed in Schedule 1 by virtue 19
of any other monitoring, or 20
(d) a breach of section 20A. 21
15C Psychiatric or psychological treatment and counselling 22
(1) The director of a treatment centre must make arrangements for 23
any dependent person detained or treated at the centre to be 24
provided with: 25
(a) psychiatric or psychological treatment or counselling as an 26
integrated part of a rehabilitation plan, and 27
(b) psychiatric or psychological treatment or counselling, or 28
other medical treatment, for other medical problems that 29
the dependent person has (including, but not limited to, 30
mental health problems, chronic pain and barriers to social 31
adjustment or recovery), being treatment or counselling 32
that is specified in the dependency certificate issued in 33
relation to the person. 34
(2) Any such treatment or counselling: 35
(a) may be provided only after a further assessment of the 36
dependent person by an accredited medical practitioner, 37
and 38
Page 11
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
(b) in the case of treatment or counselling provided to a person 1
detained at an in-patient treatment centre--must be 2
provided by a psychiatrist, psychologist or other health 3
care practitioner who is independent of the treatment 4
centre. 5
[22] Section 16 Information to be given to dependent person 6
Insert after section 16 (1): 7
(1A) In particular, the written statement in relation to the dependent 8
person's legal rights must refer to the following facts: 9
(a) that the person cannot be involuntarily detained, or 10
required to undergo treatment, for more than 90 days, 11
(b) that, when the term of the dependency certificate finishes, 12
the person may refuse further treatment (unless a further 13
assessment is made in pursuance of section 25A and a 14
further certificate is issued), 15
(c) that the person has a right to legal representation under 16
section 21A, 17
(d) that the person has a right to competent and reasonable 18
care under section 15 (4). 19
Note. Section 18 gives a dependent person the subject of a Category A 20
dependency certificate a right to be given a statement of the rights of 21
review of the dependency certificate conferred on the person under 22
Part 4. 23
[23] Section 17 Notice to primary carer about detention 24
Omit "the dependency certificate" from section 17 (1). 25
Insert instead "a Category A dependency certificate". 26
[24] Section 18 Notice to dependent person of review rights 27
Omit "the dependent person a statement of the rights of appeal conferred on 28
the person" from section 18 (1). 29
Insert instead "a dependent person the subject of a Category A dependency 30
certificate a statement of his or her right to have the dependency certificate 31
reviewed". 32
Page 12
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
[25] Section 19 Notice to primary carer of events affecting dependent person 1
Omit section 19 (1). Insert instead: 2
(1) An accredited medical practitioner must take all reasonably 3
practicable steps to notify the primary carer of a dependent 4
person if any of the following events occurs: 5
(a) in the case of a dependent person the subject of a 6
Category A dependency certificate: 7
(i) the person is absent from the relevant treatment 8
centre without permission or fails to return at the 9
end of a period of leave, or 10
(ii) the person is discharged from the treatment centre, 11
(b) in the case of a dependent person the subject of a 12
Category B dependency certificate: 13
(i) the person fails to attend the relevant treatment 14
centre for the implanting of naltrexone under the 15
person's skin at the intervals specified in the 16
dependency certificate, or 17
(ii) the person fails to agree to being implanted with 18
naltrexone at the intervals specified in the 19
dependency certificate, or 20
(iii) the person fails to agree to a weekly urine test, or 21
(iv) the person fails to co-operate with any other 22
measures for monitoring the person's substance use 23
or other behaviour that are specified in the 24
dependency certificate, or 25
(v) any urine sample provided by the person, or any 26
other such monitoring, indicates that the person has 27
consumed a substance listed in Schedule 1, or 28
(vi) the person breaches section 20A, or 29
(vii) the person fails to attend the counselling for relapse 30
prevention that is specified in the dependency 31
certificate, or 32
(viii) the person fails to attend any counselling for any 33
other medical problem that is specified in the 34
dependency certificate. 35
Page 13
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
[26] Sections 19A and 19B 1
Insert after section 19: 2
19A Treatment may be refused if dependent person is awaiting trial 3
The Director-General may determine that a dependent person is 4
not to be detained or treated under this Act if the 5
Director-General is aware that the person is awaiting trial for an 6
alleged criminal offence. 7
19B Detention of person for the purposes of involuntary rehabilitation 8
(1) An accredited medical practitioner who issues a Category A 9
dependency certificate may request the assistance of any of the 10
following persons to take custody of a dependent person for the 11
purposes of transporting the person to a treatment centre: 12
(a) a police officer, 13
(b) a member of staff of the Ministry of Health, 14
(c) a person of a class prescribed by the regulations. 15
(2) A dependent person must not be taken into custody for such a 16
purpose if more than 14 days have elapsed after a dependency 17
certificate was issued in relation to that person. 18
[27] Section 20 Transporting dependent person to treatment centre 19
Omit "to or from a treatment centre" from section 20 (1). 20
Insert instead "the subject of a Category A dependency certificate to or from a 21
treatment centre". 22
[28] Section 20 (4A) 23
Insert after section 20 (4): 24
(4A) The rights and bodily integrity of a dependent person must be 25
observed at all times while the person is being searched in 26
accordance with subsection (3). 27
Page 14
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
[29] Section 20A 1
Insert after section 20: 2
20A Conduct of dependent person undergoing treatment 3
(1) A dependent person must not consume or have in his or her 4
possession any of the following during the period of the person's 5
treatment under this Act: 6
(a) any of the substance in relation to which the person has a 7
severe substance dependence, 8
(b) any liquor within the meaning of the Liquor Act 2007, 9
(c) any prohibited drug within the meaning of the Drug 10
Misuse and Trafficking Act 1985, 11
(d) any other substance (including any volatile solvent of a 12
type) listed in Schedule 1, or intoxicating substance, of a 13
kind prescribed by the regulations. 14
(2) A dependent person must not, without reasonable excuse, have in 15
his or her possession any of the following during the period of the 16
person's treatment under this Act: 17
(a) any hypodermic syringe, 18
(b) any other object that, in the opinion of the director of the 19
relevant treatment centre, is able to be used by the 20
dependent person or any other person in assisting abuse of 21
a substance, 22
(c) anything that, in the opinion of the director of the relevant 23
treatment centre: 24
(i) could be detrimental to the rehabilitation process of 25
the dependent person or any other person being 26
treated at the treatment centre, or 27
(ii) could be detrimental to the good order of the 28
treatment centre. 29
(3) Any substance, object or thing referred to in this section may be 30
confiscated from the dependent person by: 31
(a) the director of the treatment centre at which the dependent 32
person is being treated, or 33
(b) any person acting with the authority of the director of the 34
treatment centre. 35
Page 15
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
[30] Section 21A 1
Insert after section 21: 2
21A Right to legal representation 3
The director of an in-patient treatment centre must ensure that 4
each dependent person detained at the centre has unrestricted 5
access to legal representation at all reasonable times. 6
[31] Section 22 Apprehension of persons not permitted to be absent from 7
in-patient treatment centre 8
Omit "a treatment centre" wherever occurring in section 22 (1) (a) and (3). 9
Insert instead "an in-patient treatment centre". 10
[32] Section 23 Police assistance 11
Omit "a treatment centre" wherever occurring in section 23 (1) and (2). 12
Insert instead "an in-patient treatment centre". 13
[33] Section 23, note 14
Omit "treatment centre". Insert instead "in-patient treatment centre". 15
[34] Section 24 Discharge from in-patient treatment centre--generally 16
Omit "a treatment centre" wherever occurring. 17
Insert instead "an in-patient treatment centre". 18
[35] Section 24 (2) (a) 19
Omit "section 9 (3)". Insert instead "section 9A (3)". 20
[36] Section 24 (3)-(4) 21
Insert after section 24 (2): 22
(3) The Director-General must discharge a dependent person from an 23
in-patient treatment centre if: 24
(a) an accredited medical practitioner has certified that the 25
purpose of rehabilitation of the dependent person has been 26
achieved, or 27
(b) a court orders the termination of the treatment, or 28
(c) the dependent person is remanded in police custody in 29
relation to an offence, or 30
(d) the dependent person has been sentenced to a term of 31
imprisonment, or 32
Page 16
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
(e) the Director-General reasonably believes that the 1
dependent person has committed an offence while 2
detained for treatment, or 3
(f) the Director-General makes a determination under 4
section 19A, or 5
(g) the dependent person has consented to having out-patient 6
treatment in accordance with section 24A. 7
(4) The Director-General may discharge a dependent person from a 8
treatment centre at any time on compassionate grounds. 9
Note. Section 14 (1) provides that any involuntary treatment under a 10
Category A dependency certificate will cease 90 days after the issue of 11
that certificate. 12
[37] Sections 24A and 24B 13
Insert after section 24: 14
24A Discharge from in-patient treatment centre so as to have 15
out-patient treatment 16
(1) An accredited medical practitioner may make a recommendation 17
that a dependent person the subject of a Category A dependency 18
certificate should be discharged from an in-patient treatment 19
centre and receive treatment at an out-patient treatment centre. 20
(2) An accredited medical practitioner may only make such a 21
recommendation if: 22
(a) the practitioner is satisfied that out-patient treatment is an 23
appropriate treatment for the dependent person, having 24
regard to the person's medical condition and personal 25
circumstances, and 26
(b) the dependent person has accepted in writing the 27
obligations imposed by this Act relating to receiving 28
out-patient treatment. 29
(3) An accredited medical practitioner who recommends that a 30
dependent person receive out-patient treatment: 31
(a) must specify: 32
(i) the intervals at which the dependent person must 33
attend the out-patient treatment centre for the 34
implanting of naltrexone under the person's skin, 35
and 36
(ii) the measures that must be taken for monitoring the 37
person's substance use or other behaviour, and 38
Page 17
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
(iii) the out-patient counselling for relapse prevention 1
that the person must attend, and 2
(b) may specify the further counselling that the dependent 3
person must attend for medical problems (other than 4
severe substance dependence) that the dependent person 5
has (including, but not limited to, mental health problems, 6
chronic pain and barriers to social adjustment or recovery). 7
(4) A dependent person who has been discharged by virtue of 8
consenting to having out-patient treatment must, for the 9
remainder of the period of 90 days after the day the dependency 10
certificate was issued in relation to the person: 11
(a) attend the out-patient treatment centre for the implanting 12
of naltrexone under the skin of the dependent person at the 13
intervals specified by the accredited medical practitioner 14
under subsection (3), and 15
(b) agree to being implanted with naltrexone at the intervals 16
specified under subsection (3), and 17
(c) co-operate with any measures for monitoring the person's 18
substance use or other behaviour that are specified under 19
subsection (3), and 20
(d) attend the out-patient counselling for relapse prevention 21
that is specified under subsection (3), and 22
(e) attend out-patient counselling for any other medical 23
problem specified under subsection (3). 24
(5) If such a dependent person: 25
(a) on more than one occasion, commits a punishable breach, 26
and 27
(b) was, after the first punishable breach, warned by the 28
director of the relevant treatment centre of the 29
consequences of any further punishable breach, 30
the person may be detained again in accordance with the 31
dependency certificate as if a recommendation had not been 32
made under subsection (1). 33
(6) This section is repealed on a date appointed by proclamation for 34
its repeal. 35
(7) In this section: 36
punishable breach means: 37
(a) a breach of subsection (4), or 38
Page 18
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
(b) the provision of a urine sample in which a substance listed 1
in Schedule 1 is detected, or 2
(c) a breach of section 20A. 3
24B Release of persons from obligation to have out-patient treatment 4
(1) An accredited medical practitioner: 5
(a) must release a dependent person the subject of a 6
Category B dependency certificate from the person's 7
obligations under section 15A if the practitioner is satisfied 8
that the person no longer meets the criteria for treatment 9
under section 9A (3), and 10
(b) may release such a dependent person from the person's 11
obligations under section 15A at any time if the 12
practitioner is satisfied that the person's continued 13
presence at the relevant treatment centre will not achieve 14
the purpose for which the person was certified a dependent 15
person. 16
(2) The Director-General must release a dependent person the 17
subject of a Category B dependency certificate from the person's 18
obligations under section 15A if: 19
(a) an accredited medical practitioner has certified that the 20
purpose of rehabilitation of the dependent person has been 21
achieved, or 22
(b) a court orders the termination of the treatment, or 23
(c) the dependent person is remanded in police custody in 24
relation to an offence, or 25
(d) the dependent person is serving a sentence of 26
imprisonment, or 27
(e) the Director-General reasonably believes that the 28
dependent person has committed an offence while being 29
treated, or 30
(f) the Director-General makes a determination under 31
section 19A. 32
(3) The Director-General may release a dependent person the subject 33
of a Category B dependency certificate from the person's 34
obligations under section 15A at any time on compassionate 35
grounds. 36
(4) This section is repealed on a date appointed by proclamation for 37
its repeal. 38
Page 19
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
[38] Section 25A 1
Insert after section 25: 2
25A Post-rehabilitative care by case worker or social worker 3
(1) The Director-General must appoint a case worker or social 4
worker who is a member of staff of the Ministry of Health to 5
manage the post-rehabilitative care of any person who was a 6
dependent person. 7
(2) The case worker or social worker appointed to manage the 8
post-rehabilitative care of any person who was a dependent 9
person must take steps during the first 90 days after the person's 10
discharge from an in-patient treatment centre, or completion of 11
treatment at an out-patient treatment centre, to assist the person 12
to integrate back into the community, including any reasonable 13
steps required to secure the following: 14
(a) public or private housing for the person and his or her 15
dependants, 16
(b) employment for the person, 17
(c) training for the person, 18
(d) social security payments or benefits for the person, 19
(e) personal support for the person, 20
(f) psychiatric or psychological treatment for relapse 21
prevention, 22
(g) psychiatric or psychological treatment or counselling, or 23
other medical treatment, for other medical problems that 24
the person has (including, but not limited to, mental health 25
problems, chronic pain and barriers to social adjustment or 26
recovery). 27
(3) The case worker or social worker must contact the person at least 28
once a week for the first 90 days after the person's discharge from 29
an in-patient treatment centre or completion of treatment at an 30
out-patient treatment centre. 31
(4) The case worker or social worker must report to the 32
Director-General 90 days after the person's discharge from an 33
in-patient treatment centre, or completion of treatment at an 34
out-patient treatment centre, on: 35
(a) the progress of the person's post-rehabilitative care, and 36
(b) the progress of the person in securing the following: 37
(i) housing, 38
(ii) employment, 39
Page 20
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
(iii) training, 1
(iv) social security payments or benefits, 2
(v) personal support, 3
(vi) psychiatric or psychological treatment or 4
counselling, or other medical treatment, for other 5
medical problems that the person has, and 6
(c) whether the person has abstained from using the substance 7
in relation to which the person was certified a dependent 8
person, and 9
(d) whether there was any change in any other medical 10
problem that the person had (including, but not limited to, 11
mental health problems, chronic pain and barriers to social 12
adjustment or recovery). 13
(5) The Director-General may direct an accredited medical 14
practitioner to assess a person who was formerly a dependent 15
person for further detention and in-patient treatment, or further 16
out-patient treatment, under this Act if the Director-General 17
reasonably believes that, during the 90-day post-rehabilitation 18
period, the person has not stopped using the substance in relation 19
to which the person was certified a dependent person. 20
[39] Part 4, heading 21
Omit the heading. Insert instead: 22
Part 4 Review of Category A dependency 23
certificates 24
[40] Section 34 Reviewing issue of Category A dependency certificates 25
Omit "section 14" from section 34 (1). Insert instead "section 14A". 26
[41] Section 34 (3), (5) and (7) 27
Omit "criteria for detention under section 9" wherever occurring. 28
Insert instead "criteria for the issue of a Category A dependency certificate 29
under section 9A". 30
[42] Section 35 Applying for extension of dependency certificates 31
Omit the section. 32
[43] Section 36 Consideration of applications to extend detention and 33
treatment under dependency certificates 34
Omit the section. 35
Page 21
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
[44] Section 37 Proceedings to be informal 1
Omit "or the consideration of an application under section 35 (both, the" from 2
section 37 (1). 3
Insert instead "(the". 4
[45] Section 49A 5
Insert after section 49: 6
49A Delegation 7
The Director-General may delegate the exercise of any function 8
of the Director-General under this Act (other than this power of 9
delegation) to: 10
(a) any member of staff of the Ministry of Health, or 11
(b) any person, or any class of persons, authorised for the 12
purposes of this section by the regulations. 13
[46] Schedules 2 and 2A 14
Omit Schedule 2. Insert instead: 15
Schedule 2 Category A dependency 16
certificate--recommending 17
in-patient treatment 18
(Section 9A (2) (a)) 19
Drug and Alcohol Treatment Act 2007 20
Part 1 21
I, [name in full--use block letters] (accredited medical practitioner) of [address] 22
certify that on [date] immediately before, or shortly before, completing this certificate, 23
I personally assessed [name of person in full] under section 9A of the Drug and 24
Alcohol Treatment Act 2007 at [state place where assessment took place] for a period 25
of [state length of assessment]. 26
I certify the following matters: 27
1. I am of the opinion that: 28
(a) the person I assessed (the dependent person) has a severe substance 29
dependence, and 30
(b) care, treatment or control of the person is necessary: 31
(i) to protect the person from harm to his or her own physical or 32
mental health, or 33
(ii) to protect others, or 34
Page 22
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
(iii) to remove the risk of the person committing an offence due to the 1
person's severe substance dependence, and 2
(c) the person is likely to benefit from treatment for his or her substance 3
dependence but is unable or unwilling to participate in treatment 4
voluntarily, and 5
(d) no other appropriate and less restrictive means for dealing with the 6
person are reasonably available. 7
2. The following incidents and/or abnormalities of behaviour have been observed 8
by me and/or communicated to me by others [state name, relationship and 9
address of each informant]: 10
3. The general medical and/or surgical condition of the dependent person is as 11
follows: 12
4. The following medication (if any) has been administered for the purposes of 13
treating the dependent person: 14
5. I am of the opinion, and recommend, that the dependent person should be 15
detained for 90* days for treatment under the Drug and Alcohol Treatment 16
Act 2007. 17
6. I am of the opinion, and recommend, that the dependent person should receive, 18
in addition to any other treatment at the treatment centre, the following 19
counselling for other medical problems that the dependent person has: 20
7. I have sought the involvement of the dependent person in the process of 21
planning and developing a personalised plan for the person's rehabilitation and 22
treatment. 23
8. I am not a near relative or the primary carer of the dependent person. 24
(* fewer days may be inserted in item 5 by the accredited medical practitioner) 25
Signed this day of 20 26
Signature 27
Part 2 28
A member of staff of the NSW Health Service or a police officer may transport a 29
dependent person who is required to be detained to an in-patient treatment centre 30
under the Drug and Alcohol Treatment Act 2007. 31
If the assistance of a police officer is required, this Part of the Form must be 32
completed. 33
YOU SHOULD NOT REQUEST THIS ASSISTANCE UNLESS THERE ARE 34
SERIOUS CONCERNS RELATING TO THE SAFETY OF THE DEPENDENT 35
PERSON OR OTHER PERSONS IF THE PERSON IS TAKEN TO AN 36
IN-PATIENT TREATMENT CENTRE WITHOUT THE ASSISTANCE OF A 37
POLICE OFFICER. 38
I have assessed the risk and I am of the opinion that there are serious concerns relating 39
to the safety of the dependent person or other persons if the dependent person is taken 40
to an in-patient treatment centre without the assistance of a police officer. The reason 41
Page 23
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
for me being of this opinion is [include any information known about the dependent 1
person relevant to the risk]: 2
Signed this day of 20 3
Signature 4
Schedule 2A Category B dependency 5
certificate--recommending 6
out-patient treatment 7
(Section 9A (2) (b)) 8
Drug and Alcohol Treatment Act 2007 9
Part 1 10
I, [name in full--use block letters] (accredited medical practitioner) of [address] 11
certify that on [date] immediately before, or shortly before, completing this certificate, 12
I personally assessed [name of person in full] under section 9A of the Drug and 13
Alcohol Treatment Act 2007 at [state place where assessment took place] for a period 14
of [state length of assessment]. 15
I certify the following matters: 16
1. I am of the opinion that: 17
(a) the person I assessed (the dependent person) has a severe substance 18
dependence, and 19
(b) care, treatment or control of the person is necessary: 20
(i) to protect the person from harm to his or her own physical or 21
mental health, or 22
(ii) to protect others, or 23
(iii) to remove the risk of the person committing an offence due to the 24
person's sever substance dependence, and 25
(c) the person is likely to benefit from treatment for his or her substance 26
dependence but is unable or unwilling to participate in treatment 27
voluntarily, and 28
(d) no other appropriate and less restrictive means for dealing with the 29
person are reasonably available. 30
2. The following incidents and/or abnormalities of behaviour have been observed 31
by me and/or communicated to me by others [state name, relationship and 32
address of each informant]: 33
3. The general medical and/or surgical condition of the dependent person is as 34
follows: 35
4. The following medication (if any) has been administered for the purposes of 36
treating the dependent person: 37
5. The dependent person has agreed in writing: 38
(a) to having naltrexone implanted under his or her skin, and 39
Page 24
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
(b) to co-operating in any measures for monitoring the person's substance 1
use or other behaviour, and 2
(c) to receiving the counselling required. 3
6. I am of the opinion, and recommend, that, instead of being detained, the 4
dependent person should receive treatment for 90* days at an out-patient 5
treatment centre. That treatment is to consist of: 6
(a) naltrexone being implanted under the person's skin on [state number of 7
occasions] occasions at intervals of [state number of days] days, and 8
(b) the following counselling for relapse prevention: 9
, and 10
(c) the following counselling for other medical problems that the dependent 11
person has: 12
7. I am of the opinion, and recommend, that the dependent person undergo 13
weekly urine tests and the following other monitoring procedures: 14
8. I have sought the involvement of the dependent person in the process of 15
planning and developing a personalised plan for the person's rehabilitation and 16
treatment. 17
9. I am not a near relative or the primary carer of the dependent person. 18
(* fewer days may be inserted in item 6 by the accredited medical practitioner) 19
Signed this day of 20 20
Signature 21
Part 2 [Applicable only if the dependent person breaches certain obligations 22
on more than one occasion] 23
A member of staff of the NSW Health Service or a police officer may transport a 24
dependent person who is required to be detained to an in-patient treatment centre 25
under the Drug and Alcohol Treatment Act 2007. 26
If the assistance of a police officer is required, this Part of the Form must be 27
completed. 28
YOU SHOULD NOT REQUEST THIS ASSISTANCE UNLESS THERE ARE 29
SERIOUS CONCERNS RELATING TO THE SAFETY OF THE DEPENDENT 30
PERSON OR OTHER PERSONS IF THE PERSON IS TAKEN TO AN 31
IN-PATIENT TREATMENT CENTRE WITHOUT THE ASSISTANCE OF A 32
POLICE OFFICER. 33
I have assessed the risk and I am of the opinion that there are serious concerns relating 34
to the safety of the dependent person or other persons if the dependent person is taken 35
to an in-patient treatment centre without the assistance of a police officer. The reason 36
for me being of this opinion is [include any information known about the dependent 37
person relevant to the risk]: 38
Signed this day of 20 39
Signature 40
Page 25
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Schedule 1 Amendment of Drug and Alcohol Treatment Act 2007 No 7
[47] Schedule 1
Insert at the end of the Act, with appropriate numbering: 2
Schedule Savings, transitional and other 3
provisions consequent on 4
amendment of Act 5
Part Provisions consequent on enactment of 6
Drug and Alcohol Treatment Amendment 7
(Rehabilitation of Persons with Severe 8
Substance Dependence) Act 2012 9
Meaning of "amending Act" 10
In this Part: 11
amending Act means the Drug and Alcohol Treatment 12
Amendment (Rehabilitation of Persons with Severe Substance 13
Dependence) Act 2012. 14
Application of amendments relating to declaration of treatment 15
centres 16
Any declaration of a treatment centre under section 8 that was in 17
force immediately before the commencement of the amending 18
Act is taken to be revoked on the day that is 3 months after that 19
commencement. A treatment centre may, in accordance with the 20
amended section, be declared a treatment centre at any time after 21
the commencement of the amendment. 22
Application of amendment relating to detention and treatment 23
Except as provided by this Part, the amendments made by the 24
amending Act extend to any person the subject of a dependency 25
certificate in force immediately before the commencement of the 26
amending Act. Such a person is taken to be subject to a Category 27
A dependency certificate. 28
Application of amendments relating to post-rehabilitative care 29
Section 25A does not apply to any person the subject of a 30
dependency certificate that expired before the commencement of 31
the amending Act unless the person is made the subject of a 32
dependency certificate after that commencement. 33
Page 26
Drug and Alcohol Treatment Amendment (Rehabilitation of Persons with
Severe Substance Dependence) Bill 2012
Amendment of Drug and Alcohol Treatment Act 2007 No 7 Schedule 1
Application of amendments relating to extension of dependency 1
certificates 2
The repeal of sections 35 and 36 by the amending Act does not 3
affect any application made under section 35 that was not finally 4
determined before the commencement of the amending Act. 5
Application of amendment relating to dealing with offences by 6
dependent person 7
Section 47A does not apply to any person the subject of a 8
dependency certificate issued before the commencement of the 9
amending Act unless: 10
(a) the person is made the subject of a dependency certificate 11
after that commencement, and 12
(b) the relevant offence is alleged to have been committed 13
after that commencement. 14
Page 27
[Index] [Search] [Download] [Related Items] [Help]