Department of Health

Severe Substance Dependence Treatment Act

Compulsory treatment

Key messages

  • The Severe Substance Dependence Treatment Act 2010 (SSDTA) provides for a brief period of detention and treatment of people with severe substance dependence in a treatment centre.
  • The SSDTA only applies to people with the most severe substance dependence who are incapable of making decisions about their substance use and personal health, welfare and safety due primarily to their substance dependence.

About compulsory treatment

The Victorian Severe Substance Dependence Treatment Act 2010 (the Act) allows for up to 14 days of detention and treatment of people with severe substance dependence in a treatment centre. This affects only those people with the most severe substance dependence that urgently require treatment to save their life or prevent serious damage to their health. A person must be incapable of making decisions about their substance use and personal health, welfare and safety due primarily to their substance dependence.

Detention and treatment under the Act must always be an option of last resort. Detention must be the only means by which treatment can be provided and there must be no less restrictive means reasonably available to ensure the treatment.

Compulsory treatment gives a person access to medically assisted withdrawal, time to recover, the capacity to make decisions about their substance use and the opportunity to engage in voluntary treatment.

The person making the application must be aged over 18. The applicant must complete an application form and obtain a recommendation from a prescribed registered medical practitioner that the person subject of the application satisfies the strict criteria for detention and treatment under the Act. Both the medical practitioner's recommendation and the application should then be lodged with a Magistrates' Court by the person making the application. Upon approval by the Court, the person is admitted to the treatment centre.

The current declared treatment provider is St Vincent's Health.

Disclaimer

The information provided on these pages is intended as general information about the Severe Substance Dependence Treatment Act 2010 and Severe Substance Dependence Treatment Regulations 2011 and not as legal advice. If individuals or service providers have queries about their obligations under the Act they should obtain independent legal advice.

About the Severe Substance Dependence Treatment Act 2010

The Severe Substance Dependence Treatment Act 2010 allows for the detention and treatment of a small group of people with severe substance dependence.

Information for people detained under the Act, their carers and their family

People detained under the Act and their carers and family should understand the provisions of the Act

Information for prescribed registered medical practitioners

Only prescribed registered medical practitioners can make recommendations for an alcohol and other drug detention and treatment order.

Information for other health professionals

A defined process must be followed for detention and treatment orders under the Victorian Severe Substance Dependence Treatment Act.

Step-by-step application and order process

The Severe Substance Dependence Treatment Act was reviewed in 2015 to determine whether the Act is effective or requires amendment.

Resources

Factsheets and forms relating to applications for a detention and treatment order under the Act

Review of the Act

The purpose of the review was to determine whether the objectives of the Act are being achieved and are still appropriate, and whether the Act is effective or needs to be amended.

Reviewed 08 September 2015

Health.vic

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