New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 10

10 Order for assessment

(1) This section applies if the accredited medical practitioner is unable to access the person to conduct the assessment requested under section 9.

(2) A Magistrate or authorised officer may, by order, authorise the accredited medical practitioner to visit and assess the person to ascertain whether a dependency certificate should be issued in relation to the person.

(3) However, the order may be made only if the Magistrate or officer is satisfied, by evidence on oath, that--

(a) the person is likely to have a severe substance dependence, and

(b) the person is likely to be in need of protection from serious harm or others are likely to be in need of protection from serious physical harm, and

(c) because of physical inaccessibility, the person could not, but for the making of an order under this section, be assessed, and

(d) the person is likely to benefit from the treatment.

(4) The order may also authorise another person (including a police officer) who may be required to assist the accredited medical practitioner in conducting the assessment to accompany the accredited medical practitioner.

(5) The accredited medical practitioner and any other person authorised under this section may enter premises, if need be by force, to carry out the assessment.

(6) If a dependency certificate is issued in relation to the person assessed under this section, the person may be detained in accordance with the certificate for treatment under this Act.

(7) A person who takes action under the order must, as soon as practicable after taking the action, give written notice of the action taken to the person who made the order.

(8) In this section--

"authorised officer" means an authorised officer within the meaning of the Criminal Procedure Act 1986 .