Victorian Current Acts

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SEVERE SUBSTANCE DEPENDENCE TREATMENT ACT 2010 - SECT 10

Application for detention and treatment order

    (1)     A person who is 18 years of age or older may file an application at the proper venue of the Magistrates' Court requesting that the Court make a detention and treatment order in respect of a person.

    (2)     The application must—

        (a)     be in the prescribed form and contain the prescribed information; and

        (b)     have attached a recommendation for the detention and treatment of the person who is the subject of the application made by a prescribed registered medical practitioner that is current at the time of the filing of the application.

Note

Under section 12(7)(b), a recommendation for the detention and treatment of a person remains current for 72 hours after the examination on which the recommendation is based.

    (3)     Within 24 hours of the filing of the application, the applicant must take all reasonable steps to—

        (a)     personally serve a copy of the application, together with a copy of the recommendation and any other documents filed with the application on the person who is the subject of the application; and

        (b)     serve a copy of the application, together with a copy of the recommendation and any other documents filed with the application on the senior clinician or the manager of the treatment centre at which it is proposed to detain the person.

    (4)     For the purposes of subsection (1), the proper venue of the Magistrates' Court is the venue of the Court that is nearest to the place of residence of the person who is the subject of the application.



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