Severe Substance Dependence Treatment Regulations 2022
S.R. No. 8/2022
Version as at
20 February 2022
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 1
3 Commencement 1
4 Revocation 1
5 Definitions 1
6 Application for detention and treatment order 2
7 Recommendation for detention and treatment 3
8 Special warrant to examine person 5
9 Detention and treatment order 5
10 Revocation of order 6
11 Payment for recommendation 6
Schedule 1—Forms 7
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Endnotes 16
1 General information 16
2 Table of Amendments 18
3 Amendments Not in Operation 19
4 Explanatory details 20
Version No.001
Severe Substance Dependence Treatment Regulations 2022
S.R. No. 8/2022
Version as at
20 February 2022
1 Objectives
The objectives of these Regulations are—
(a) to prescribe certain forms for the purposes of the Severe Substance Dependence Treatment Act 2010; and
(b) to prescribe various matters necessary to be prescribed under the Severe Substance Dependence Treatment Act 2010.
2 Authorising provision
These Regulations are made under section 40 of the Severe Substance Dependence Treatment Act 2010.
3 Commencement
These Regulations come into operation on 20 February 2022.
4 Revocation
The Severe Substance Dependence Treatment Regulations 2011[1] are revoked.
5 Definitions
In these Regulations—
the Act means the Severe Substance Dependence Treatment Act 2010;
Victoria Police has the same meaning as in section 3(1) of the Victoria Police Act 2013.
Section 1 - Severe Substance Dependence Treatment Regulations 2022 - Severe Substance Dependence Treatment Regulations 2022 | Zoe
6 Application for detention and treatment order
(1) For the purposes of section 10(2)(a) of the Act—
(a) the prescribed form is Form 1 in Schedule 1; and
(b) the prescribed information is—
(i) the name, address, email address and telephone number of the person who is applying for the detention and treatment order (the applicant); and
(ii) the name, date of birth, address and telephone number of the person who the applicant believes should be made subject to a detention and treatment order (the respondent); and
(iii) the signature of the applicant.
(2) For the purposes of section 10(2)(b) of the Act, the following registered medical practitioners are prescribed—
(a) a registered medical practitioner who is a fellow or affiliate of the Royal Australian and New Zealand College of Psychiatrists;
(b) a registered medical practitioner who is a fellow of the Australasian Chapter of Addiction Medicine;
(c) any other registered medical practitioner who provides medical care to a person if—
(i) the person is in custody at facilities operated by Victoria Police; and
(ii) the medical care is provided on behalf of Victoria Police.
7 Recommendation for detention and treatment
(1) For the purposes of section 12 of the Act, the following registered medical practitioners are prescribed—
(a) a registered medical practitioner who is a fellow or affiliate of the Royal Australian and New Zealand College of Psychiatrists;
(b) a registered medical practitioner who is a fellow of the Australasian Chapter of Addiction Medicine;
(c) any other registered medical practitioner who provides medical care to a person if—
(i) the person is in custody at facilities operated by Victoria Police; and
(ii) the medical care is provided on behalf of Victoria Police.
(2) For the purposes of section 12(7)(a) of the Act—
(a) the prescribed form is Form 2 in Schedule 1; and
(b) the prescribed information is—
(i) the name, date of birth, address and telephone number of the person who is recommended for detention and treatment (the patient); and
(ii) confirmation by the registered medical practitioner making the recommendation that the registered medical practitioner—
(A) is prescribed for the purposes of section 12 of the Act; and
(B) personally examined the patient; and
(iii) the date and time on which the registered medical practitioner examined the patient; and
(iv) either—
(A) the name and address of the person who requested the examination of the patient and that person's relationship to the patient; or
(B) confirmation that the patient was examined subject to a special warrant under section 13 of the Act; and
(v) confirmation that the registered medical practitioner is of the opinion that the criteria in section 8(2) of the Act apply to the patient; and
(vi) the facts on which the registered medical practitioner's opinion are based; and
(vii) the name of the treatment centre at which the registered medical practitioner proposes the patient be detained; and
(viii) confirmation that the registered medical practitioner consulted with a senior clinician at the treatment centre about the detention and treatment of the patient; and
(ix) the name of the senior consultant at the treatment centre and the date and time at which the consultation took place; and
(x) confirmation that the senior clinician at the treatment centre has advised that there are facilities and services available at the treatment centre to treat the patient; and
(xi) the full name, qualifications, professional address and telephone number of the registered medical practitioner who is making the recommendation.
8 Special warrant to examine person
(1) For the purposes of section 13(1)(b) and (3) of the Act, the following registered medical practitioners are prescribed—
(a) a registered medical practitioner who is a fellow or affiliate of the Royal Australian and New Zealand College of Psychiatrists;
(b) a registered medical practitioner who is a fellow of the Australasian Chapter of Addiction Medicine;
(c) any other registered medical practitioner who provides medical care to a person if—
(i) the person is in custody at facilities operated by Victoria Police; and
(ii) the medical care is provided on behalf of Victoria Police.
(2) For the purposes of section 13(2) of the Act, the prescribed form is Form 3 in Schedule 1.
9 Detention and treatment order
For the purposes of section 20(1) of the Act, the prescribed form is Form 4 in Schedule 1.
10 Revocation of order
For the purposes of section 22(1) of the Act, the prescribed form is Form 5 in Schedule 1.
11 Payment for recommendation
(1) For the purposes of section 39(1) of the Act, the following registered medical practitioners are prescribed—
(a) a registered medical practitioner who is a fellow or affiliate of the Royal Australian and New Zealand College of Psychiatrists;
(b) a registered medical practitioner who is a fellow of the Australasian Chapter of Addiction Medicine;
(c) any other registered medical practitioner who provides medical care to a person if—
(i) the person is in custody at facilities operated by Victoria Police; and
(ii) the medical care is provided on behalf of Victoria Police.
(2) For the purposes of section 39(1) of the Act, the prescribed rate is the rate that is consistent with the fee specified in the table of medical services for a medical service of the type provided by the registered medical practitioner.
(3) In this regulation, table of medical services means the table of medical services prescribed for the purposes of section 4 of the Health Insurance Act 1973 of the Commonwealth.
Schedule 1—Forms
Form 1
Regulation 6
Severe Substance Dependence Treatment Act 2010
Section 10(2)
Severe Substance Dependence Treatment Regulations 2022
Application for a Detention and Treatment Order
IN THE MAGISTRATES' COURT
OF VICTORIA
AT [venue] Court reference:
TO THE MAGISTRATES' COURT
The applicant applies to the Magistrates' Court for a detention and treatment order to be made in respect to the respondent.
DETAILS OF APPLICANT
Name: [full name of person who is applying for the detention and treatment order]
Address:
Telephone number: Email address:
DETAILS OF RESPONDENT
Name: [full name of person who the applicant believes should be made subject to a detention and treatment order]
Date of birth:
Address:
Telephone number:
Signed: [to be signed by applicant] Dated: [insert date]
PLEASE NOTE:
The applicant must take this application to the Magistrates' Court nearest to the place of residence of the respondent to obtain a date and time for the hearing of this application.
A recommendation for the detention and treatment of the person must be attached to the application. The recommendation must be made by a prescribed registered medical practitioner and must be current at the time of the application.
The applicant must request VCAT for information about whether the respondent is represented by a guardian under a guardianship order.
If there is a guardianship order in force in relation to the respondent, the applicant must within 24 hours of filing this application with the Magistrates' Court take all reasonable steps to serve the guardian with a copy of this application, together with a copy of the recommendation by the prescribed registered medical practitioner and any other documents filed with this application.
DETAILS OF THE HEARING [To be completed by the Court]
A hearing of this application will be held at [insert time] *a.m./*p.m. on [insert date] at the Magistrates' Court at [venue].
Date and time application filed at the Magistrates' Court: [insert date] [insert time] *a.m./*p.m.
*Delete if not applicable
Form 2
Regulation 7
Severe Substance Dependence Treatment Act 2010
Section 12(7)(a)
Severe Substance Dependence Treatment Regulations 2022
Recommendation For a Detention and Treatment Order
TO THE MAGISTRATES' COURT
I, [insert your name], recommend that the court make a detention and treatment order under section 20 of the Severe Substance Dependence Treatment Act 2010 in respect of [insert name of person the registered medical practitioner recommends should be made subject to a detention and treatment order].
PATIENT DETAILS
Name:
Date of birth:
Address:
Telephone Number:
(1) I am a registered medical practitioner who is prescribed for the purposes of section 12 of the Severe Substance Dependence Treatment Act 2010.
(2) I personally examined the abovenamed patient [insertpatient name] on [insertdate] at [inserttime].
(3) I examined the patient:
🞎 at the request of:
Name: [insert full name of person requesting the examination]
Address: [insert address of person requesting the examination]
Relationship between the person requesting the examination and the patient:
OR
🞎 subject to a special warrant under section 13 of the Severe Substance Dependence Treatment Act 2010.
(Please 🗹 one option only)
(4) It is my opinion that all of the following criteria in section 8(2) of the Severe Substance Dependence Treatment Act 2010 apply to the patient:
a. the person has a severe substance dependence; and
A person has a severe substance dependence if—
• the person has tolerance to the substance; and
• the person shows withdrawal symptoms when the person stops using, or reduces the level of use of the substance; and
• the person is incapable of making decisions about their substance use and personal health, welfare and safety due primarily to the person's dependence on the substance.
[Specify the substance(s) and the nature and length of time of the dependence.]
[Specify the facts on which you base your opinion that the person is incapable of making decisions primarily due to substance dependence.]
b. because of the person's severe substance dependence, immediate treatment is necessary as a matter of urgency to save the person's life or prevent serious damage to the person's health; and
[Specify the facts on which you base your opinion that immediate treatment is necessary to save the person's life or prevent serious damage to their health.]
c. the treatment can only be provided to the person through the admission and detention of the person in a treatment centre; and
[Specify the facts on which you base your opinion that treatment can only be provided to the person through the admission and detention of the person and not through other means.]
d. there is no less restrictive means reasonably available to ensure the person receives the treatment.
[Specify the facts on which you base your opinion that there is no less restrictive means reasonably available to ensure the person receives the treatment. You may refer to the person's living arrangements, support persons, dependants, history of previous treatment and other relevant circumstances.]
[Distinguish between facts personally observed and facts communicated to you by another person.]
(5) I have consulted with [insert name of senior clinician] of [insert name of treatment centre where it is proposed to detain the person] on
[insert date] at [insert time] *a.m./*p.m.
The senior clinician at the treatment centre has advised me that there are the facilities and services available to treat the person at the treatment centre.
Signed: [signature of prescribed registered medical practitioner making recommendation] Dated: [insert date]
Name: [full name of prescribed registered medical practitioner making recommendation]
Professional address: Telephone number:
Qualifications:
*Delete if not applicable
Form 3
Regulation 8
Severe Substance Dependence Treatment Act 2010
Section 13(2)
Severe Substance Dependence Treatment Regulations 2022
Special Warrant
IN THE MAGISTRATES' COURT
OF VICTORIA
AT [venue] Court reference:
DETAILS OF PERSON TO BE EXAMINED
Name: [full name of person who is to be examined]
Date of birth:
Address: Telephone number:
TO: [name of a member of the police force] or [all members of the police force]
You are authorised and directed, in the company of a prescribed registered medical practitioner, to:
(a) subject to section 37 of the Severe Substance Dependence Treatment Act 2010, enter the premises specified in the warrant; and
(b) use such force as may be reasonably necessary to enable the prescribed registered medical practitioner to examine the person named in the warrant for the purposes of determining whether or not to make a recommendation under section 12 of the Severe Substance Dependence Treatment Act 2010.
Signed: [to be signed by Magistrate] Dated: [insert date]
Expiry date of warrant (see section 13(4) of the Severe Substance Dependence Treatment Act 2010): [insert date]
PLEASE NOTE:
IF YOU ARE UNABLE TO EXECUTE THE WARRANT BY THE EXPIRY DATE YOU MUST RETURN THE UNEXECUTED WARRANT TO THE COURT.
*Delete if not applicable
Form 4
Regulation 9
Severe Substance Dependence Treatment Act 2010
Section 20(1)
Severe Substance Dependence Treatment Regulations 2022
Detention and Treatment Order
IN THE MAGISTRATES' COURT
OF VICTORIA
AT [venue] Court reference:
TO: [name]
Date of birth:
Address:
The Magistrates' Court orders that you be detained and treated at [name of treatment centre] [address of treatment centre] for a period of 14 days from the date of your admission to the treatment centre.
*The Court authorises [name of person authorised to provide transport to the treatment centre] to take you to the abovementioned treatment centre.
TRANSPORT TO TREATMENT CENTRE
Pursuant to section 20(4) of the Severe Substance Dependence Treatment Act 2010, this Order authorises a police officer, an ambulance paramedic, a person who provides non-emergency patient transport services or anyone else specified in this order to take you to the abovementioned treatment centre.
Signed: [to be signed by Magistrate] Dated: [insert date]
*Delete if not applicable
Form 5
Regulation 10
Severe Substance Dependence Treatment Act 2010
Section 22(1)
Severe Substance Dependence Treatment Regulations 2022
Application to Revoke a Detention and Treatment Order
IN THE MAGISTRATES' COURT
OF VICTORIA
AT [venue] Court reference:
TO THE MAGISTRATES' COURT
The applicant applies to the Magistrates' Court for the revocation of a detention and treatment order made in respect to [name].
DETAILS OF APPLICANT
Name:
Address:
Telephone number: Email address:
I am:
🞎 the person subject to the detention and treatment order
🞎 the nominated person of the person subject to the detention and treatment order
🞎 the guardian of the person subject to the detention and treatment order
(please 🗹 one option only)
DETAILS OF PERSON SUBJECT TO DETENTION AND TREATMENT ORDER
Name: [full name of person who is subject to the detention and treatment order]
Date of birth:
Address: Telephone number:
Date of Order placing the person on the detention and treatment order:
PLEASE NOTE:
A copy of the original order must be attached to this application.
Signed: [to be signed by the applicant] Dated: [insert date]
PLEASE NOTE:
The applicant must take this application to the Magistrates' Court to obtain a date and time for the hearing of this application.
DETAILS OF THE HEARING [To be completed by the Court]
A hearing of this application will be held at [insert time] *a.m./*p.m. on [insert date] at the Magistrates' Court at [venue].
Date and time application filed at the Magistrates' Court: [insert date] [insert time] *a.m./*p.m.
*Delete if not applicable
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Severe Substance Dependence Treatment Regulations 2022, S.R. No. 8/2022 were made on 8 February 2022 by the Governor in Council under section 40 of the Severe Substance Dependence Treatment Act 2010, No. 43/2010 and came into operation on 20 February 2022: regulation 3.
The Severe Substance Dependence Treatment Regulations 2022 will sunset 10 years after the day of making on 8 February 2032 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Severe Substance Dependence Treatment Regulations 2022 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Reg. 4: S.R. No. 5/2011 as extended in operation by S.R. No. 7/2021. ↑