New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 36

36 Consideration of applications to extend detention and treatment under dependency certificates

(1) The Magistrate must consider the application made under section 35 within 7 days of receiving it.

(2) After considering the application, the Magistrate must determine--

(a) whether or not the detention and treatment period for the dependent person should be extended, and

(b) if so, for how long, but for not more than 3 months from the day the dependency certificate was issued.

(3) In making the determination, the Magistrate must consider the following--

(a) the treatment proposed in the treatment plan accompanying the application,

(b) the length of the extension sought,

(c) whether or not it is likely the additional treatment will benefit the dependent person,

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

(e) any cultural factors relating to the person that may be relevant in making the decision,

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

(4) If the Magistrate determines that the extension sought should not be granted, the certificate continues to have effect as if the application had not been made.

(5) If the Magistrate grants an extension, the certificate has effect for the period determined by the Magistrate.