Victorian Current Acts

SEVERE SUBSTANCE DEPENDENCE TREATMENT ACT 2010 - SECT 22

    (1)     A person who is the subject of a detention and treatment order may at any time apply to the Magistrates' Court, in the prescribed form, for the order to be revoked.

    (2)     An application for the revocation of the order may be made on behalf of the person by—

        (a)     the person's nominated person; or

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

    (3)     The applicant for the revocation of the order must, within 24 hours of the filing of the application, serve a copy of the application on—

        (a)         the person who originally applied for the detention and treatment order; and

S. 22(3)(b) amended by No. 29/2011 s. 3(Sch.  1 item 86.1).

        (b)     the senior clinician of the treatment centre at which the person who is the subject of the order is detained; and

        (c)     if applicable, the guardian of the person who is the subject of the detention and treatment order unless the guardian is the applicant.

    (4)     An application for the revocation of the order must be on the ground that one or more of the criteria for detention and treatment no longer applies to the person.

    (5)     The Court must hear an application as soon as practicable but not later than 48 hours of the filing of the application.

    (6)     Sections 15(2), 15(3), 15(4), 17(1), 18(1), 18(3) and 19 apply to the hearing of an application for the revocation of a detention and treatment order, except that a reference to the applicant for the detention and treatment order is a reference to the applicant for the revocation of the order.

    (7)     The following are entitled to appear at the hearing of the application and make representations—

        (a)     the applicant for the revocation of the detention and treatment order;

S. 22(7)(b) amended by No. 37/2014 s. 10(Sch. item 153.2).

        (b)         the person who originally applied for the order or, if that person is a police officer, a police prosecutor acting on that person's behalf;

        (c)     the senior clinician of the treatment centre at which the person who is the subject of the order is detained;

        (d)     if applicable, the guardian of the person who is the subject of the order;

        (e)     anyone who satisfies the Court that he or she has a substantial interest in the hearing of the application.

    (8)     The onus of proof is on the person applying for the revocation of the detention and treatment order to establish on the balance of probabilities that one or more of the criteria for detention and treatment no longer applies to the person who is the subject of the order.

    (9)     If the Court is satisfied on the balance of probabilities that one or more of the criteria for detention and treatment no longer applies to the person, the Court must revoke the detention and treatment order.

Part 3—Admission, detention and treatment of person at treatment centre

Division 1—Admission to treatment centre