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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Imposition and review of compulsory status

30: Detention and treatment in treatment centre

You could also call this:

"Going to a treatment centre if you have a severe substance addiction"

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

If you have a severe substance addiction, a doctor might decide you need to go to a treatment centre. The doctor must get the treatment centre manager to agree to this first. They also have to think about what you want and what your family or caregivers think.

Before you go to the treatment centre, you will get a notice telling you where to go and when. The people in charge must also tell your family or caregivers where you will be and how to contact the treatment centre. You will take some important papers with you to the treatment centre, like a copy of your treatment plan.

If you do not go to the treatment centre when you are supposed to, someone might come to take you there. They can even ask the Police for help if they need to, as stated in section 105. This is because the doctor has decided it is necessary for you to get treatment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609172.

Topics:
Health and wellbeing > Mental healthHealth and wellbeing > Public healthCrime and justice > Criminal law
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29: Initial steps to be taken by responsible clinician, or

"What your doctor must do to help you with substance addiction treatment"

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31: Patient must be released if review not determined within prescribed period, or

"You must be freed from a treatment programme if the court doesn't decide within the allowed time."

Part 2Assessment and treatment of persons suffering from severe substance addiction
Imposition and review of compulsory status

30Detention and treatment in treatment centre

  1. The responsible clinician must direct that the patient be detained and treated in a treatment centre.

  2. Before giving the direction, the responsible clinician must—

  3. obtain the agreement of the manager of the treatment centre concerned; and
    1. take into account the wishes and preferences of the patient and the views of the following persons:
      1. the patient’s principal caregiver:
        1. the patient’s welfare guardian (if the court has appointed one):
          1. the patient’s nominated person (if the patient has nominated one).

          2. Before or on the patient's admission to a treatment centre, the Area Director must ensure that—

          3. a notice is given to the patient that specifies the treatment centre and requires the patient to attend at the place and time specified in the notice for the purpose of the patient's admission to the treatment centre:
            1. all reasonable steps are taken to notify the persons specified in subsection (2)(b)(i) to (iii) and any person who is a guardian of a child of the patient of the name, location, and contact details of the treatment centre in which the patient is or is to be detained:
              1. the following documents accompany the patient to the treatment centre:
                1. a copy of the compulsory treatment certificate:
                  1. a copy of the treatment plan prepared for the patient:
                    1. if applicable, a copy of the application made under section 29(c) or the compulsory treatment order:
                      1. any other documents relevant to the admission and future treatment of the patient.

                      2. If a patient who has been given a notice under subsection (3)(a) refuses to attend at the treatment centre at the time specified in the notice, an authorised officer may take all reasonable steps to take the patient to the treatment centre named in the notice, including calling for Police assistance under section 105 if necessary.