An applicant who believes that a person has a severe substance addiction may apply to the Area Director to have the person assessed under this subpart.

The applicant must be at least 18 years of age.

An application is made when the Area Director receives an application that complies with this section.

An application must—

At any time before making an application, the applicant may request the assistance of an authorised officer in arranging for a medical practitioner to examine the person whom the applicant seeks to have assessed.

The authorised officer must investigate the matter to the extent necessary to satisfy himself or herself that there are reasonable grounds to believe that the person whom the applicant seeks to have assessed meets the criteria set out in section 7(a) and (b).

If the authorised officer considers that there are reasonable grounds to believe that the person meets the criteria set out in section 7(a) and (b), he or she must make, or assist in making, arrangements for the person to be examined by a medical practitioner.

If, in any case to which subsection (3) applies, the authorised officer considers that a medical examination is urgently required in the person’s own interests, the authorised officer must,—

A medical practitioner may—

If, after examining a person, the medical practitioner considers that there are reasonable grounds to believe that the person meets the criteria set out in section 7(a) and (b), the medical practitioner must issue a medical certificate under this section.

The medical certificate must—

The medical practitioner must not sign a certificate if he or she is a relative of the applicant or the person whom the applicant seeks to have assessed.

Every medical certificate must state—

A medical practitioner may make an application to have a person assessed and also sign the medical certificate if the medical practitioner is not a relative of that person.

If attempts made by the authorised officer to have a medical practitioner examine the person have been unsuccessful, the authorised officer must, in a memorandum,—

The authorised officer must date and sign the memorandum.

On receipt of an application under section 14 for the assessment of a person, the Area Director, or an authorised officer acting with the authority of that Area Director, must, as soon as practicable, make the necessary arrangements for the person to be assessed by an approved specialist.

The arrangements required by subsection (1) include the following:

Wherever practicable, a specialist assessment of a child or young person must be conducted by an approved specialist who practises in the field of child or adolescent psychiatry or child or adolescent psychology.

If a person who has been given a notice under section 19(2)(c) refuses to attend at the time and place specified in the notice, an authorised officer may take all reasonable steps to—

An assessment under this section must be made personally by an approved specialist.

In undertaking an assessment of a person, the approved specialist must first assess whether the person has a severe substance addiction.

If the approved specialist considers that the person has a severe substance addiction, the approved specialist must assess whether the person’s capacity to make informed decisions about treatment for that addiction is severely impaired.

The approved specialist may make the assessment described in subsection (3) only if the approved specialist has—

If the approved specialist considers that the person’s capacity to make informed decisions about treatment for the person’s addiction is severely impaired, the approved specialist must assess whether—

If, after completing an assessment of a person under section 22, an approved specialist considers that the criteria for compulsory treatment are met, the approved specialist must sign a compulsory treatment certificate in respect of the person.

The approved specialist must date and sign the certificate.

The certificate takes effect as soon as it is dated and signed.

An approved specialist may sign a compulsory treatment certificate in respect of a child or young person—

As soon as practicable after an approved specialist dates and signs a compulsory treatment certificate, the approved specialist must—

Subpart 5 applies to the patient and their detention under this section.

As soon as practicable after the Area Director is notified under section 25 of the identity of a patient, the Area Director must arrange for each person specified in subsection (2) to be given—

The persons referred to in subsection (1) are—

The written statement must be in a form approved by the Director-General of Health.

The Area Director must also arrange for an oral explanation of the patient’s rights and other entitlements to be given to the patient.

The Area Director must, if the patient is unable to communicate adequately in English but is able to communicate adequately in another language, arrange for the oral explanation to be given in the other language.

If, after completing an assessment of a person under section 22, the approved specialist considers that the criteria for compulsory treatment are not met, the approved specialist must, if he or she considers it appropriate, give advice on alternative options available for treating the person—

As soon as practicable after the Area Director is notified under section 25 of the identity of a patient, the Area Director must assign a responsible clinician to the patient.

Wherever practicable, the Area Director must not assign as a patient’s responsible clinician the approved specialist who signed the compulsory treatment certificate in respect of the patient.

As soon as practicable after a responsible clinician is assigned to a patient, and in any case not later than the close of the seventh day after the patient’s compulsory treatment certificate is dated and signed, the responsible clinician must—

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

Before giving the direction, the responsible clinician must—

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

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.

An application for review under section 29(c) must be considered and determined within the prescribed period.

For the purposes of this section, the prescribed period is the period of 10 days after the date on which the application is filed in the court or the period of days specified by the Judge under subsection (3).

If the patient is older than 18 years of age, the Judge may specify a period of up to 20 days after the date on which the application is filed if the Judge—

If the application is not finally determined before the expiry of the prescribed period, the application is dismissed and the patient must be released from compulsory status.

The dismissal of an application to review the compulsory status of a person under subsection (4) does not preclude any further application under section 14 in respect of the person.

On an application for review under section 29(c), the court must determine whether, in relation to the patient, the criteria for compulsory treatment are met.

If the Judge is satisfied that the criteria for compulsory treatment are met, the Judge may, having regard to all the circumstances of the case, continue the compulsory status of the patient by making a compulsory treatment order.

The compulsory treatment order expires on the close of the 56th day after the date on which the patient’s compulsory treatment certificate was signed, and may be extended, under section 47, for a further 56 days.

If the Judge is not satisfied that the criteria for compulsory treatment are met, the Judge must dismiss the application and order that the patient be immediately released from compulsory status.

The court may make a compulsory treatment order for a child or young person only if satisfied that appropriate treatment for the severe substance addiction of the child or young person cannot be given pursuant to an order or other determination under the Oranga Tamariki Act 1989.

A patient or any person specified in subsection (2) may at any time apply to the court for an urgent review of the patient’s status on any of the following grounds:

The persons referred to in subsection (1) are—

If the patient or a person specified in subsection (2) has previously made an application under this section for an urgent review of the patient’s status, a Judge may, without a hearing, decline to hear the application if there is no material before the court to indicate that the condition of the patient has changed.

On a review under this section, the Judge must—

The objective of compulsory treatment given to a patient is—

A patient must accept the treatment properly given to the patient under this Act.

A patient must comply with every lawful direction given by or on behalf of the responsible clinician or by or on behalf of the manager of the treatment centre in which the patient is detained.

The responsible clinician may, subject to this Act, give, or authorise the giving of, any treatment (including any medication) that the responsible clinician thinks fit for the treatment of the patient’s severe substance addiction.

A responsible clinician who gives, or authorises the giving of, any medication to a patient under this Act must—

To avoid doubt, this section does not authorise a responsible clinician to prescribe any treatment (including any medication) that the responsible clinician is not otherwise authorised to prescribe.

A patient must not leave the treatment centre in which he or she is detained except in accordance with this Act.

A patient who is released from compulsory status must not be further detained in a treatment centre.

The responsible clinician may permit the patient to be absent from a treatment centre for any period, and on the conditions, that the responsible clinician thinks fit.

Permission may be given on any grounds the responsible clinician thinks fit, including, for example, compassionate grounds or that the patient requires medical treatment.

The responsible clinician must not permit the absence unless the responsible clinician is satisfied that, as far as is practicable, adequate measures have been taken to prevent the patient from causing harm to himself or herself.

If a patient is absent without leave from the treatment centre in which he or she is required to be detained, or is absent from that treatment centre after a period of leave ends, an authorised officer may take all reasonable steps to take the patient back to the treatment centre, including calling for Police assistance under section 105 if necessary.

The responsible clinician of a patient who is detained in a treatment centre may direct the transfer of the patient to another treatment centre if the clinician is satisfied that the transfer of the patient to the other treatment centre is necessary for, or likely to be beneficial to, the patient’s treatment.

Before directing the transfer of a patient to another treatment centre, the responsible clinician must—

If the responsible clinician directs the transfer of a patient, the clinician must notify the Area Director responsible for the area in which the other treatment centre is located.

The responsible clinician must ensure that clinical reviews of the patient’s condition are conducted at regular intervals.

For the purposes of a clinical review, the responsible clinician must—

The responsible clinician must consider the patient’s treatment plan in light of the reviews and make any adjustments or additions to the treatment plan that the clinician thinks fit.

The responsible clinician must promptly order, in writing, that the patient be released from compulsory status if the responsible clinician is satisfied that—

An order under subsection (1) takes effect as soon as a copy of the order is given to the patient.

If a responsible clinician makes an order under subsection (1) before the responsible clinician has taken the steps described in section 29, the responsible clinician is not required to take those steps.

The responsible clinician must, if practicable, prepare a plan for the patient’s release from compulsory status.

The plan must set out the responsible clinician’s recommendation for future treatment, follow-up care, and any other action that the clinician considers appropriate.

In preparing the plan, the responsible clinician must take all reasonably practicable steps to ensure that the following are consulted:

The responsible clinician must take all reasonably practicable steps to provide the persons specified in subsection (3)(a) to (d) with appropriate information about future treatment and follow-up care.

If, at any time in the period beginning 21 days before the date of the expiry of a patient’s compulsory treatment order, the responsible clinician considers that there are reasonable grounds to believe that the patient appears to suffer from a brain injury, the responsible clinician must review the condition of the patient.

The responsible clinician must record in a report the findings made on the review.

If, after completing the review of the patient under section 45, the responsible clinician considers that the criteria for compulsory treatment continue to be met and that there are reasonable grounds to believe that the patient suffers from a brain injury, the responsible clinician may apply to the court to extend the compulsory treatment order.

An application to extend the compulsory treatment order must be made within 14 days before the date of the expiry of the compulsory treatment order that applies to the patient.

If the application is not determined before the expiry of the compulsory treatment order, that order is extended until the earlier of—

If, at any time during the period that the order is treated as continuing in effect in accordance with subsection (3), the responsible clinician considers that reasonable grounds to believe the patient suffers from a brain injury do not exist, the responsible clinician must promptly order, in writing, that the patient be released from compulsory status.

An order under subsection (4) takes effect as soon as a copy of the order is given to the patient.

The court may, by order, extend the compulsory treatment order if satisfied that,—

If a compulsory treatment order is extended under subsection (1), the order expires on the close of the 56th day after the date on which the order would, but for the extension, have expired.

The patient’s compulsory status continues until the extended order expires (subject to sections 34(4), 43, 48(2), and 75(6)).

Before the close of the 28th day after the court orders the extension of a patient’s compulsory treatment order, the responsible clinician must—

If, at any time after the extension of the patient’s compulsory treatment order, the responsible clinician considers that reasonable grounds to believe the patient suffers from a brain injury do not exist, the responsible clinician must promptly order, in writing, that the patient be released from compulsory status.

An order under subsection (2) takes effect as soon as a copy of the order is given to the patient.

A patient may at any time nominate any person who is 18 years of age or older to protect his or her interests under this Act.

The patient may revoke or vary the nomination at any time.

The patient must make the nomination, variation, or revocation by notifying, in writing or orally, 1 of the following:

A person who is, under subsection (3), notified orally must promptly record the notification in writing.

If, under this section, a person described in subsection (3) is notified in writing or makes a written record of an oral notification, the person must ensure that the written notification or the written record is promptly given to the Area Director, the patient’s responsible clinician, and the manager of the treatment centre in which the patient is detained.

Every patient is entitled to be kept informed of his or her rights as a patient, and, in particular, of—

If any of the events described in subsection (2) occur in relation to a patient, the responsible clinician must take all reasonably practicable steps to notify the following of the event:

The events are—

The responsible clinician must give the notice as soon as practicable after becoming aware that the event has occurred.

If the patient is transferred to another treatment centre, the responsible clinician must also state in the notice the name, address, and contact details of that other treatment centre.

Every patient is entitled to be dealt with in a manner that accords with the spirit and intent of sections 12 and 35 and, in the case of a patient who is a child or young person, with the spirit and intent of section 13.

Every patient is entitled to—

Every patient is entitled to receive an explanation of the expected effects of any treatment offered to the patient, including the expected benefits and the likely side effects, before the treatment is commenced.

Every patient is entitled to be informed if it is intended to make or use a visual or audio recording of the following matters:

Nothing referred to in subsection (1) may be done without the prior consent of the patient or a guardian of the patient or, if the patient is dead, the patient’s personal representative.

Every patient is entitled to seek a consultation with an approved specialist of the patient’s choice in order to obtain a second opinion about the patient’s condition.

If the approved specialist agrees to the consultation, the approved specialist—

Every patient is entitled to request a lawyer to advise the patient on his or her status and rights as a patient, or on any other legal issue.

If the lawyer agrees to act for the patient, the lawyer—

Every patient is entitled to the company of others.

Every patient is entitled, at reasonable times and at reasonable intervals, to receive visitors and make and receive telephone calls, except if, in the opinion of the responsible clinician, a visit or call would be detrimental to the interests of the patient or to his or her treatment.

Nothing in this section limits or affects anything in section 56 or 57.

Every patient is entitled to receive and to send, in a manner that safeguards the patient’s privacy,—

Subsection (1)(b) applies only if the patient has, or has access to, a computer or electronic device that enables electronic communications to be received and sent.

This section is subject to section 61.

If there are reasonable grounds to consider that any mail or electronic communications could be detrimental to the interests and treatment of a patient or of other persons in the treatment centre, the responsible clinician may direct that the mail or electronic communications be checked.

For the purpose of checking electronic communications, the responsible clinician may also direct that any computer or device in the patient’s possession be taken from the patient.

Subsection (1) does not apply to mail or electronic communications with the patient’s lawyer.

If mail or electronic communications are checked under subsection (1) and the responsible clinician considers that mail or electronic communications could be detrimental to the interests and treatment of the patient or of other persons in the treatment centre, the responsible clinician may direct that—

For the purposes of a direction under subsection (4) that relates to electronic communications, the responsible clinician may direct that any computer or device in the patient’s possession be taken from the patient or that the patient’s access to the computer or device be restricted.

A computer or device taken from a patient under subsection (5) must be returned to the patient when he or she is released from compulsory status.

This section is subject to sections 62 and 63.

Any direction given under section 61 requires the prior approval of the Area Director.

Before approving a direction under section 61(5) that a computer or device be taken from a patient, the Area Director must be satisfied that the patient has adequate means of receiving electronic communications from and of sending electronic communications to the patient’s lawyer and to the persons described in section 63(2).

A direction under section 61(4) must not prevent a patient from receiving mail or electronic communications from or sending mail or electronic communications to any of the persons described in subsection (2).

The persons referred to in subsection (1) are—

If any mail or electronic communications are not received by, or sent by or on behalf of, a patient in accordance with a direction under section 61(4), the patient must be informed of that fact, unless the responsible clinician is satisfied that to do so would be detrimental to the interests of the patient.

If an item of mail is not received by a patient in accordance with a direction under section 61(4), the item must be dealt with as follows:

If an electronic communication is not received by a patient in accordance with a direction under section 61(4), the sender of the communication must, wherever practicable, be informed of that fact unless the responsible clinician is satisfied that to do so would be detrimental to the interests of the patient or to the interests of the sender.

Every child or young person who is examined by a medical practitioner under section 17, or is assessed by an approved specialist under section 20, or is interviewed by a Judge under section 75, is entitled to have present during that examination or interview 1 adult who consents to be present and who is nominated for that purpose by—

A person who takes any action, or makes any decision, under this Act that significantly affects any patient who is a child or young person, must ensure that, where practicable, the following persons are informed, as soon as practicable, of that action or decision and of the reasons for it:

It is not necessary to inform a child or young person of any action or decision if—

The information required by subsection (1) to be given to any person must be given—

If, at the time the child or young person became subject to compulsory status, the child or young person was in the custody or under the guardianship or in the care of the chief executive or any other person under the Oranga Tamariki Act 1989, the information described in subsection (1) must also be given, in writing, to the chief executive or to that other person.

If a complaint is made by or on behalf of a patient that any right conferred on the patient by this Part has been denied or breached in some way, the matter must be referred to a district inspector for investigation.

If, after talking with the patient, any person who made the complaint on behalf of the patient, and everyone else involved in the case, and generally investigating the matter, the district inspector is satisfied that the complaint has substance, the district inspector must report the matter to the Area Director, together with any recommendations that the district inspector thinks fit, and the Area Director must take all steps that are necessary to rectify the matter.

On concluding any investigation under this section, the district inspector must also inform the patient or other complainant of his or her findings.

This subpart applies to applications to the court under any of sections 29(c), 34(1), and 46(1).

In this subpart, party, —

Every application to which this subpart applies must be heard and determined by the Family Court.

If an application to which this subpart applies needs to be determined within a particular period and it is not practicable to have the application determined in that period by a Family Court Judge, any District Court Judge may exercise the jurisdiction of the Family Court—

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

Subsection (1) is subject to section 77(3).

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

The documents referred to in subsection (1) are—

A responsible clinician who applies for an extension of a patient’s compulsory treatment order under section 46(1) must, as soon as practicable,—

The documents referred to in subsection (3) are—

A person who makes an application under section 34(1) must, as soon as practicable,—

The Area Director must do the things required by subsection (1) instead of the applicant if—

On being served with an application, the district inspector must—

For the purposes of subsection (1)(a), the district inspector must, so far as practicable, communicate with the patient orally.

Before an application under section 29(c) or 34(1) is heard, a Judge must interview the patient as soon as practicable and not later than 7 days after the application is filed in the court.

The patient may be interviewed at—

The interview may be conducted by means of a video link.

The Judge must do the following things before and during the interview, as appropriate and practicable:

As well as interviewing the patient, the Judge must consult with the responsible clinician, and any other persons the Judge thinks fit, concerning the patient’s condition.

If the Judge is satisfied that the criteria for compulsory status are not met, the Judge must—

If the patient is not immediately released under subsection (6), the Judge who interviews the patient must, wherever possible, hear the application.

The patient must be present throughout the hearing of an application unless—

The court may excuse the patient from attending the hearing of an application if it is satisfied that the patient wholly lacks the capacity to understand the nature and purpose of the proceedings, or that attendance or continued attendance is likely to cause the patient serious mental, emotional, or physical harm.

The court may exclude the patient from attending the hearing of an application if it is satisfied that the patient is causing a disturbance that makes it impracticable to continue with the hearing in his or her presence.

A discretion conferred by this section may be exercised at any stage of the hearing.

Every person who is entitled to appear and be heard at a hearing of an application may be represented by a lawyer, and may call witnesses, and may cross-examine every witness called by another party.

If the patient is present and appears capable of addressing the court, the court must give the patient an opportunity to do so.

While the patient is addressing the court under subsection (2), the court may, if it thinks it desirable to do so, require any of the following persons to withdraw from the court:

The court may, if it is satisfied that it is necessary for the proper determination of an application, request any person it considers qualified to do so to prepare a report on any relevant aspect of the patient’s condition.

However, a report under subsection (1) may address the question of whether, in relation to the patient, the criteria for compulsory treatment is met or continues to be met only if the report is prepared by an approved specialist.

Without limiting the generality of subsection (1), in the case of a child or young person, the court may direct the chief executive to locate the information, if any, that the department responsible for the administration of the Oranga Tamariki Act 1989 holds about the background, circumstances, and needs of the child or young person and to provide that information to the court.

In deciding whether to request a report under subsection (1), the court may ascertain and have regard to the wishes of the patient and any other party.

The Registrar must give a copy of a report obtained under this section to the lawyers for the parties or, if a party is not represented by a lawyer, to that party.

The court must order that a copy of a report given to a lawyer under subsection (5) must not be given or shown to the person for whom the lawyer is acting if the court has reason to believe that disclosure of the contents of the report may pose a serious threat to the health or safety of any other person.

If the court requests a person to prepare a report, the court must make an order for the fees and expenses of the person—

Before making an order under subsection (7)(a), the court must hear the party or parties affected.

If a report has been prepared under section 78, every party may give evidence on a matter referred to in the report.

The court may call the person making the report as a witness, either on its own initiative or on the application of a party.

In an application to which this subpart applies, or in any appeal or review arising out of the application, the court may receive any evidence that it thinks fit, whether it is admissible in a court of law or not.

If an application to which this subpart applies relates to a child or young person who is not represented by a lawyer, the court or the Registrar of the court must, as soon as practicable after the application has been filed, appoint a lawyer to represent the child or young person.

The court may, on its own initiative, call as a witness any person whose evidence may in its opinion be of assistance to the court.

A witness called by the court under this section has the same privilege to refuse to answer any question as the witness would have if called by a party.

A witness called by the court under this section may be examined and re-examined by the court, and may be cross-examined by or on behalf of any party.

Sections 159 and 161 to 165 of the Criminal Procedure Act 2011, so far as they are applicable and with all necessary modifications, apply with respect to a person called as a witness by the court under this section as if that person had been called by a party.

The expenses of a witness called by the court under this section must be met in the first instance, in accordance with the prescribed scale of witnesses’ expenses, out of public money appropriated by Parliament for the purpose.

Despite any other provision of this subpart, the court may determine an application to which this subpart applies without a formal hearing if it is satisfied that no person wishes to be heard in respect of the application.

The court must ensure that the services of an interpreter are provided for a patient if—

The court must ensure, as far as is reasonably practicable, that the interpreter provided is competent.

If, in an application to which this subpart applies, the Family Court has made or has refused to make an order, or has otherwise determined or has dismissed the application, a party may appeal to the High Court.

The High Court Rules and sections 126 to 128 of the District Court Act 2016, with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 124 of that Act.

Despite subsection (2), on the appellant’s application without notice, the Family Court may order that the appellant must not be required under section 126(1) and (2) of the District Court Act 2016 to give the Registrar of the High Court security for costs.

The Director-General of Health must appoint, under the Public Service Act 2020, a Director of Addiction Services.

The Director is responsible for the general administration of this Act under the direction of the Minister and the Director-General of Health.

For the purposes of performing his or her functions, the Director—

Section 99(2) and (3) applies in relation to a Director’s visit to a treatment centre under subsection (3) as if the Director were a district inspector.

The Director may delegate any of his or her functions, duties, and powers, except this power of delegation, to a person who is suitably qualified to exercise or perform them.

The delegate may exercise or perform the functions, duties, and powers in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act.

Section 121 applies to a delegation made under this section.

The Director must—

A person appointed under this section may at any time be suspended or removed from office by the Director for any of the following proved to the satisfaction of the Director:

For the purposes of performing his or her functions, an Area Director—

Section 99(2) and (3) applies in relation to an Area Director’s visit to a treatment centre under subsection (3) as if the Area Director were a district inspector.

Every Area Director must, every 3 months,—

An Area Director may delegate any of his or her functions, duties, and powers, except this power of delegation, to a person who—

The delegate may exercise or perform the functions, duties, and powers—

An Area Director who makes a delegation, or his or her delegate, must tell the Director—

Section 121 applies to a delegation made under this section.

For the purposes of this Act, the Minister must appoint as many lawyers as the Minister thinks fit to be district inspectors in respect of the locations that the Minister specifies in the instrument of appointment.

No lawyer appointed under this section may be an officer, a member, or an employee of a treatment centre within any of the locations to which the person is appointed.

The Minister may, with the concurrence of the Minister of Finance,—

A person appointed under this section as a district inspector holds office for a term of 3 years.

A person appointed under this section—

Despite subsection (4), the Minister may appoint a district inspector for a term that is shorter than 3 years to fill a short-term vacancy in the office of district inspector in any location.

For the purposes of this Act, every Area Director must designate sufficient health professionals as authorised officers within the area of that Area Director.

The Area Director may designate a health professional under this section only if satisfied that the health professional has undergone appropriate training and has appropriate competence in dealing with persons who have severe substance addictions.

Every authorised officer must be issued with a document that identifies the holder and states that the holder is an authorised officer under this Act.

An authorised officer must carry out his or her duties under the general direction of the Area Director.

The Director may designate a person as an approved provider.

Before the Director designates a person under this section, the Director must be satisfied that the person—

A designation under this section may be subject to any conditions that the Director considers necessary or desirable for the purposes of this Act.

A designation of a person under this section may be suspended or revoked for any of the following grounds proved to the satisfaction of the Director:

A designation under this section ceases to have effect if the person designated ceases to be certified, under the Health and Disability Services (Safety) Act 2001, to provide residential disability care.

A designation under this section, or a revocation of such a designation, must be made by notice in the Gazette and takes effect on the date stated in the notice.

The Director or the Area Director may, by written notice, require any approved provider to inform the Director or the Area Director, within the time specified in the notice, about any matter in relation to any functions under this Act that have been, or are required to be, performed in a treatment centre operated by the approved provider.

Without limiting the generality of subsection (1), the information required under that subsection may relate to identified patients or to a class or classes of patients.

An approved provider must provide the information within the time specified in the notice and, if there is no prescribed form for the information, in any form specified by the Director for the purpose.

The Area Director must ensure that a responsible clinician is assigned to every patient at all times.

A responsible clinician—

The Director must designate a sufficient number of health professionals as approved specialists.

Before the Director designates a health professional, the Director must be satisfied that the health professional has significant experience in the treatment of severe substance addictions and is suitably qualified to conduct specialist assessments and reviews under this Act.

The Director must maintain a list of approved specialists, and must ensure that the list is available for public inspection.

The designation of a person as an approved specialist may be suspended or revoked on any of the following grounds proved to the satisfaction of the Director:

A designation ceases to have effect if the person designated ceases to be a health professional.

The Minister may, by notice, designate a body corporate for the purposes of paragraph (d) of the definition of health professional in section 4 if the Minister is satisfied that the body—

The Minister may, by notice, designate a body corporate for the purposes of paragraph (e) of the definition of health professional in section 4 if the Minister is satisfied that the body—

A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

So far as practicable, the Area Director or an authorised officer acting with the authority of the Area Director must act as a ready point of contact for anyone in the community who has any worry or concern about any aspect of this Act, or about services available for those who are or may be suffering from a severe substance addiction and, at the request of anyone, they must provide the assistance, advice, and reassurance that are appropriate in the circumstances.

Every district inspector must, during a patient’s detention in a treatment centre that is in the locality to which the district inspector is appointed,—

A district inspector may, without previous notice, visit any treatment centre in the locality to which the district inspector is appointed as often as the district inspector thinks fit.

All visits made under the authority of this section may be made on any day and at any time of the day or night, and for the length of time, that the district inspector thinks fit.

On any such visit, the district inspector may, if the Director so permits or requires, be accompanied by a health professional named by the Director.

Any district inspector may, in respect of any specific matter, obtain advice from a health professional appointed for the purpose by the Director, and that health professional has, for that purpose, all the powers of visiting and inspecting.

A district inspector who visits a treatment centre for the purposes of this Act must be given access to every part of the treatment centre and to every person in it, whether or not that person is a patient under this Act.

If the district inspector requests access to any of the following items, the manager must present the item to the district inspector:

Subsection (2)(b) only applies to an item of electronic communication that is in the possession or under the control of the manager.

A district inspector who visits any treatment centre must give a report on the visit to the Area Director within 14 days after the visit.

If the Area Director considers it appropriate, he or she may give a copy of the report to the manager of the treatment centre.

Every district inspector on any visit to any treatment centre may, and must if so required by the Director, inquire as to—

Anyone may at any time raise a concern with a district inspector in relation to any aspect of the care, treatment, or conduct of a patient.

The district inspector must inquire as to whether the concern is valid, and if that is the case and there are reasonable grounds to believe that further consideration of the case may be desirable, he or she must take the following steps:

For the purpose of conducting any inquiry under this Act, a district inspector has the same powers and authority to summon witnesses and receive evidence as are conferred on an inquiry by the Inquiries Act 2013, and the provisions of that Act, except section 28 (which relates to costs), apply accordingly.

The district inspector must promptly send a full report of every inquiry to the Director.

Every district inspector must, once a month,—

No civil proceedings may be brought against any district inspector for any thing he or she may do in the course of the exercise or performance, or intended exercise or performance, of his or her functions, duties, or powers under this Act, unless it is shown that he or she acted in bad faith.

Nothing in this section affects the right of any person or organisation to apply, in accordance with law, for judicial review of a district inspector’s functions, duties, and powers under this Act.

Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989.

This section applies to a constable who responds to a request for Police assistance by an authorised officer who is intending or attempting to do any thing specified in any of sections 21, 30(4), and 40.

The constable—

A constable who enters premises under subsection (2) may, for the purposes of a specialist assessment under section 22,—

A constable who enters premises under subsection (2) may, for the purposes of section 30(4) or 40, take the patient back to the treatment centre.

The constable must not exercise the power in subsection (2) without a warrant, if it would be reasonably practicable to obtain a warrant under section 107.

Subsection (2) applies to a patient who—

A person described in subsection (3) may—

The persons referred to in subsection (2) are—

A constable must not exercise the power in subsection (2) without a warrant, if it would be reasonably practicable to obtain a warrant under section 107.

Subsection (2) applies to—

On an application by an Area Director, a District Court Judge or (if no Judge is available) a Registrar may issue a warrant authorising any constable to take a person described in subsection (1) to a place specified in the warrant, if the Judge or Registrar is satisfied that—

On an application by a constable, a District Court Judge or (if no Judge is available) a Registrar may issue a warrant authorising any constable to enter premises for the purposes of section 105(2) or 106(2), if the Judge or Registrar is satisfied that the issue of a warrant is necessary.

Sections 30, 31, and 34 of the Crimes Act 1961 apply, with any necessary modifications, to sections 21(a), 30(4), 40, 105(3) and (4), and 106(2) as if the power contained in each of those sections to take or retake a person were a power of arrest.

A person exercising a power specified in subsection (2) may, if he or she is exercising the power in an emergency, use such force as is reasonably necessary in the circumstances.

The powers are—

The following persons may use such force as is reasonably necessary in the circumstances:

If a person (not being a constable) uses force under this section,—

This section applies to—

A person to whom this section applies commits an offence if the person intentionally ill-treats or intentionally neglects a patient.

A person who commits an offence against this section is liable on conviction to a term of imprisonment not exceeding 2 years.

This section applies to—

A person to whom this section applies commits an offence if the person—

A person who commits an offence against this section is liable on conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding $1,000.

This section applies to—

A person to whom this section applies commits an offence if the person—

A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.

A person commits an offence if the person—

A person who commits an offence against this section is liable on conviction to a fine not exceeding $5,000.

A person commits an offence if the person—

A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.

A person who relies on a notice, a certificate, or an order described in subsection (4) is protected from criminal responsibility if he or she acts in good faith under the belief that,—

The protection given by subsection (1) applies even if the notice, certificate, or order is defective as long as the person who relied on the notice, certificate, or order believed, in good faith and without culpable ignorance or negligence, that the notice, certificate, or order was good in law; and in this case ignorance of the law is an excuse.

For the purposes of subsection (2), it is a question of law whether in the circumstances a person’s belief is based on culpable ignorance or negligence.

The documents referred to in subsections (1) and (2) are—