Substance Addiction (Compulsory Assessment and Treatment) Act 2017

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

72: Service where application made by responsible clinician

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

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

If you are a responsible clinician, you must do certain things when you apply for a review of a patient's compulsory status under section 29(c). You must serve the application and some documents to the patient and the district inspector as soon as possible. You must also take reasonable steps to provide the application and documents to every other person who is entitled to appear and be heard on the application.

The documents you must provide include the patient's compulsory treatment certificate, a copy of the treatment plan, a statement of the nature of compulsory status, and a statement of the right to appear before the court and be heard on the application. If you apply for an extension of a patient's compulsory treatment order under section 46(1), you must do similar things.

You must serve the application and some documents to the patient and the district inspector, and take reasonable steps to provide them to every other person who is entitled to appear and be heard on the application. The documents include the patient's extended compulsory treatment certificate, a copy of the report on the patient, a statement explaining the effect of section 47, and a statement of the right to appear before the court and be heard on the application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609224.


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

72Service where application made by responsible clinician

  1. A responsible clinician who applies for a review of a patient’s compulsory status under section 29(c) must, as soon as practicable,—

  2. serve the application and the documents specified in subsection (2) on the patient and the district inspector; and
    1. take reasonable steps to provide the application and the documents specified in subsection (2) to every other person entitled to appear and be heard on the application.
      1. The documents referred to in subsection (1) are—

      2. the patient’s compulsory treatment certificate:
        1. a copy of the treatment plan prepared for the patient:
          1. a statement of the nature of compulsory status:
            1. a statement of the right of the person receiving the documents to appear before the court and be heard on the application.
              1. A responsible clinician who applies for an extension of a patient's compulsory treatment order under section 46(1) must, as soon as practicable,—

              2. serve the application and the documents specified in subsection (4) on the patient and the district inspector; and
                1. take reasonable steps to provide the application and the documents specified in subsection (4) to every other person entitled to appear and be heard on the application.
                  1. The documents referred to in subsection (3) are—

                  2. the patient’s extended compulsory treatment certificate:
                    1. a copy of the report on the patient prepared under section 45(2):
                      1. a statement explaining the effect of section 47:
                        1. a statement of the right of the person receiving the documents to appear before the court and be heard on the application.