New South Wales Consolidated Acts

DRUG AND ALCOHOL TREATMENT ACT 2007 - SECT 9

9 Assessing persons for detention and treatment

(1) A medical practitioner may request an accredited medical practitioner to assess a person for detention and treatment under this Act.

(2) After assessing the person, the accredited medical practitioner may issue a certificate (a
"dependency certificate" ), in the form shown in Schedule 2, stating the person may be detained for treatment under this Act for the period stated in the certificate.

(3) A dependency certificate may be issued in relation to the person only if the accredited medical practitioner is satisfied--

(a) the person has a severe substance dependence, and

(b) care, treatment or control of the person is necessary to protect the person from serious harm, and

(c) the person is likely to benefit from treatment for his or her substance dependence but has refused treatment, and

(d) no other appropriate and less restrictive means for dealing with the person are reasonably available.

(4) The accredited medical practitioner may have regard to any serious harm that may occur to--

(a) children in the care of the person, or

(b) dependants of the person.

(5) 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.