What it does
The Severe Substance Dependence Treatment Act 2010 (Vic) establishes a statutory scheme for the compulsory detention and treatment of adults with severe substance dependence in designated treatment centres. Its stated purpose, in section 1, is to provide for the detention and treatment of persons with a severe substance dependence. The objectives in section 3 are twofold: to authorise detention and treatment where it is necessary as a matter of urgency to save the person’s life or prevent serious damage to the person’s health, and to enhance the capacity of those persons to make decisions about their substance use and personal health, welfare and safety. The Act is to be interpreted and exercised so that detention and treatment remain a consideration of last resort, and any limitations on human rights and interference with dignity and self-respect are kept to the minimum necessary to achieve those objectives (section 3(2)). It operates as a coercive, court-authorised intervention of last resort for a narrowly defined population. The Act repealed the Alcoholics and Drug-dependent Persons Act 1968 and replaced it with a more procedurally rigorous framework focused on severe dependence, emergency risk, and least-restrictive alternatives. The Magistrates’ Court has exclusive jurisdiction to make detention and treatment orders (section 9). An order lasts 14 days from admission (section 20(3)), with a possible one-time extension of up to a further 7 days if admission has not occurred within 7 days of the order being made (section 21(5)-(7)). The maximum duration of detention under a single order is therefore 21 days from the order (7 days to admit plus 14 days of detention) but only if the extension is granted. Treatment may be given without the person’s consent (section 28(2)), but the Act mandates a treatment plan, second-opinion rights, discharge planning, and oversight by the Public Advocate. A statutory review of the Act was required to be completed by 1 March 2015 (section 41). The Act applies only within Victoria.