Victorian Current Acts

SEVERE SUBSTANCE DEPENDENCE TREATMENT ACT 2010 - SECT 16

    (1)     The applicant for a detention and treatment order must give evidence of how and when the copy of the application for the order was served on—

        (a)     the person who is the subject of the application; and

        (b)     if applicable, the person's guardian.

    (2)     If a copy of the application was not—

        (a)     personally served on the person who is the subject of the application; or

        (b)     if applicable, served on the person's guardian—

the applicant must give evidence about the steps taken to serve the application.

    (3)     A detention and treatment order must not be made in the absence of the person who is the subject of the application unless the Court is satisfied—

        (a)     that the person has been personally served with a copy of the application for the order; or

        (b)     if the person has not been so served, that—

              (i)     all reasonable steps have been taken to effect personal service; and

              (ii)     it would be detrimental to the person's health to delay hearing the application.