Victorian Current Acts

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SEVERE SUBSTANCE DEPENDENCE TREATMENT ACT 2010 - SECT 20

Detention and treatment order

    (1)     Following the hearing of an application under Division 2, the Court may make a detention and treatment order in the prescribed form authorising the admission, detention and treatment of a person at a treatment centre.

    (2)     The Court must not make a detention and treatment order in respect of a person unless—

        (a)     the Court is satisfied, on the balance of probabilities, that each of the criteria for detention and treatment applies to the person; and

        (b)     having regard to all other relevant matters, the Court considers the detention and treatment of the person at a treatment centre is necessary; and

        (c)     the Court has obtained a certificate of available services from the senior clinician or the manager of the treatment centre at which it is proposed to detain the person.

    (3)     A detention and treatment order authorises the detention and treatment of the person named in the order at the treatment centre specified in the order for 14 days following the admission of the person to the treatment centre.

    (4)     Each of the following are authorised to take the person who is the subject of the detention and treatment order to the treatment centre—

S. 20(4)(a) amended by No. 37/2014 s. 10(Sch. item 153.2).

        (a)     a police officer;

        (b)     an ambulance paramedic;

S. 20(4)(c) amended by No. 29/2021 s. 38.

        (c)     a person who provides non-emergency patient transport services in accordance with a licence granted under section 5(1) of the Non-Emergency Patient Transport and First Aid Services Act 2003 ;

        (d)     anyone else specified in the order.

    (5)     For the purposes of taking the person to the treatment centre, a person referred to in subsection (4) is authorised, subject to section 37, to enter any premises in which he or she reasonably believes the person who is the subject of the detention and treatment order may be found.

Note

Section 38 provides powers to restrain or sedate a person if either or both are necessary to enable the person to be safely taken to the treatment centre.



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