New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 5

5 Definitions

(1) In this Act--

"accredited medical practitioner" means a medical practitioner appointed under section 7.

"close friend or relative" , of a dependent person, means a friend or relative of the person who--

(a) maintains both a close personal relationship with the person through frequent personal contact and a personal interest in the person's welfare, and

(b) does not provide support to the person wholly or substantially on a commercial basis.

"dependency certificate" means a certificate issued under section 9.

"dependent person" means a person in relation to whom a dependency certificate has been issued.

"director" , of a treatment centre, means the person appointed as the director of the centre by the Secretary.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"primary carer" , of a dependent person, means--

(a) the guardian of the dependent person, or

(b) if the dependent person is not under guardianship, the person nominated by the dependent person as the primary carer under a nomination under section 13 that is in force, or

(c) if paragraphs (a) and (b) do not apply--

(i) the spouse of the dependent person, if any, if the relationship between the person and the spouse is close and continuing, or

(ia) the de facto partner of the dependent person, if any, if the relationship between that de facto partner and the dependent person is close and continuing, or

(ii) any person who is primarily responsible for providing support or care to the dependent person (other than wholly or substantially on a commercial basis), or

(iii) a close friend or relative of the dependent person.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

"Secretary" means the Secretary of the Ministry of Health.

"severe substance dependence" , in relation to a person, means the person--

(a) has a tolerance to a substance, and

(b) shows withdrawal symptoms when the person stops using, or reduces the level of use of, the substance, and

(c) has lost the capacity to make decisions about his or her substance use and personal welfare due primarily to his or her dependence on the substance.

"substance" means a substance, or a combination of substances, listed in Schedule 1.

"treatment centre" means a facility declared under section 8 to be a treatment centre.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act (other than in Schedule 2) do not form part of this Act.