Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Assessment and treatment of persons suffering from severe substance addiction - Procedure

71: Persons entitled to appear and be heard

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"Who can speak up in court about someone's substance addiction treatment"

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

When you are involved in a court case about someone's substance addiction treatment, you might wonder who can speak up and be heard. You, and some other people, can appear and be heard at every court hearing about the application. These people include the patient's family, caregivers, and lawyers, as well as the person who asked for the patient to be assessed under section 14. You can also include the patient's doctor, and some government officials like the Area Director and the responsible district inspector. The court can also decide that other people should be allowed to speak up if they have a good reason to care about the patient's wellbeing, and this is all subject to section 77(3).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609223.


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"The Family Court makes decisions about substance addiction cases, or a District Court can if it's urgent."


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72: Service where application made by responsible clinician, or

"What happens when a doctor asks for a review of a patient's compulsory treatment"

Part 2Assessment and treatment of persons suffering from severe substance addiction
Procedure

71Persons entitled to appear and be heard

  1. The following persons may appear and be heard at every hearing of an application:

  2. the parties:
    1. the patient’s principal caregiver:
      1. the patient’s welfare guardian:
        1. the patient’s nominated person:
          1. if the patient is a child or young person, each parent or guardian of the child or young person:
            1. any lawyer of the patient:
              1. the person who applied, under section 14, to have the patient assessed:
                1. the medical practitioner who usually attended the patient immediately before the patient was required to undergo compulsory treatment:
                  1. the Area Director:
                    1. the responsible district inspector:
                      1. any other person the court considers should be entitled to appear and be heard because of that person's interest in the welfare of the patient.
                        1. Subsection (1) is subject to section 77(3).