New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 34

34 Reviewing issue of dependency certificates

(1) A Magistrate must hold an inquiry in relation to a person brought before the Magistrate in accordance with section 14.

(2) An accredited medical practitioner must make all necessary arrangements to ensure that--

(a) all appropriate medical witnesses appear before the Magistrate, and

(b) other relevant medical evidence concerning the person is placed before the Magistrate.

(3) The Magistrate must determine whether or not, on the balance of probabilities, the person meets the criteria for detention under section 9.

(4) For that purpose, the Magistrate must consider the following--

(a) the reports and recommendations of any accredited medical practitioner who has examined the person,

(b) any proposed further treatment for the person and the likelihood the treatment will be of benefit to the person,

(c) the views of the person (if any),

(d) any cultural factors relating to the person that may be relevant to the determination,

(e) any other relevant information given to the Magistrate.

(5) If the Magistrate is satisfied, on the balance of probabilities, that the person meets the criteria for detention under section 9, the Magistrate may, having regard to the matters considered under subsection (4)--

(a) confirm the issuing of the dependency certificate, or

(b) confirm the issuing of the dependency certificate, but for a shorter period.

(6) If the Magistrate acts under subsection (5) (b), the certificate has effect only for the shorter period.

(7) If the Magistrate is not satisfied, on the balance of probabilities, that the person meets the criteria for detention under section 9, the Magistrate must order that the person be discharged from the treatment centre and the dependency certificate is of no further effect.