Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Preliminary provisions - When compulsory status starts and ends

11: Compulsory status

You could also call this:

"What 'compulsory status' means: when you must get help for substance addiction"

Illustration for Substance Addiction (Compulsory Assessment and Treatment) Act 2017

When you are given compulsory status, it starts right away after a specialist signs a certificate. You get this status because the specialist thinks you need help with substance addiction. The specialist signs a compulsory treatment certificate to make it official.

Your compulsory status ends when one of several things happens to you. This includes if the clinician in charge of your care does not apply for a review of your status within seven days, as stated in section 29(c). It also ends if the court does not make a compulsory treatment order within the time period stated in section 31.

Your compulsory status can also end if your treatment order expires, or if a Judge or the clinician in charge of your care decides to release you. It ends if you are given a different type of order, such as one under section 24, 25(1)(a) or (b), or 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003. It also ends if you are given an inpatient order under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, or if you become a special patient as defined in section 2(1) of that Act.

Your compulsory status ends if you are sentenced to prison by a court. This means you will be detained in a prison instead of getting compulsory treatment. The court's decision will determine what happens to you next.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609146.


Previous

10: Compulsory treatment to be option of last resort, or

"Help is forced only when other options won't work"


Next

12: Principles applying to exercise of powers over patients, or

"Rules to keep patients safe and respected when making decisions about their treatment"

Part 1Preliminary provisions
When compulsory status starts and ends

11Compulsory status

  1. A person becomes subject to compulsory status immediately after an approved specialist dates and signs a compulsory treatment certificate in respect of the person.

  2. The compulsory status of a person ends on the close of the day on which any of the following first occurs:

  3. the responsible clinician has, by the close of the seventh day after the date on which the patient’s compulsory treatment certificate was dated and signed, failed to apply, under section 29(c), for a review of the person’s compulsory status:
    1. the court does not make a compulsory treatment order within the period prescribed by section 31:
      1. the person’s compulsory treatment order expires:
        1. the person is released from compulsory status by an order of a Judge or a responsible clinician:
          1. the person becomes subject to an order under section 24, 25(1)(a) or (b), or 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003:
            1. the person becomes subject to an inpatient order under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 or becomes a special patient as defined in section 2(1) of that Act:
              1. the person is sentenced by a court to be detained in a prison.