Victorian Current Acts

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SEVERE SUBSTANCE DEPENDENCE TREATMENT ACT 2010 - SECT 12

Recommendation for detention and treatment

    (1)     A prescribed registered medical practitioner may make a recommendation for the detention and treatment of a person if—

        (a)     the prescribed registered medical practitioner has personally examined the person; and

        (b)     in the opinion of the prescribed registered medical practitioner, each of the criteria for detention and treatment applies to the person; and

        (c)     the prescribed registered medical practitioner has complied with subsection (2).

    (2)     If, after personally examining a person, a prescribed registered medical practitioner is of the opinion that each of the criteria for detention and treatment applies to the person, the prescribed registered medical practitioner must consult with the senior clinician of the treatment centre at which it is proposed to detain the person.

    (3)     As part of the consultation required under subsection (2), the prescribed registered medical practitioner must—

        (a)     provide information about—

              (i)     the nature of the person's severe substance dependence; and

              (ii)     the nature of the urgent risk to the person's life or health; and

              (iii)     any previous efforts to treat the person's severe substance dependence; and

        (b)         discuss if there are any less restrictive options available to ensure the person receives treatment; and

        (c)     confirm that the treatment centre has facilities or services available to treat the person.

    (4)     A recommendation made by a prescribed registered medical practitioner under subsection (1) must—

        (a)     specify the facts upon which the opinion that each of the criteria for detention and treatment applies to the person is based; and

        (b)     distinguish the facts personally observed by the prescribed registered medical practitioner from facts not personally observed.

    (5)     If the prescribed registered medical practitioner relies on facts additional to his or her own observations, the prescribed registered medical practitioner must have reasonable grounds for relying on those facts.

    (6)     Before examining a person with the intention of determining whether or not to make a recommendation for the person's detention and treatment, the prescribed registered medical practitioner must, to the extent that is reasonable, explain the purpose of the examination to the person and must record in the clinical notes of the examination what steps were taken to give that explanation to the person.

    (7)     A recommendation for the detention and treatment of a person—

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

        (b)     remains current for 72 hours after the examination on which the recommendation is based.

    (8)     A prescribed registered medical practitioner must not make a recommendation for the detention and treatment of a person if the prescribed registered medical practitioner is—

        (a)     the applicant for the detention and treatment order for the person; or

        (b)     a family member of the person; or

        (c)     the person's guardian; or

        (d)     the senior clinician of the treatment centre in which it is proposed to detain the person.



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