Compulsory Treatment

What is the nature of compulsory treatment?

The nature of compulsory treatment partially depends on the institution providing treatment, but usually involves a residential programme that the person must attend.

It is an offence to attempt to leave or otherwise abscond from treatment, and it is an offence to assist someone to leave (section 25).

It is also an offence under the Act if anyone who knows that the person has been committed under the Act supplies (or attempts to supply) the person with any alcohol or other drugs (either within the institution or while the person is on leave). A committal order is in place for a maximum of two years. In practice, most people are not detained in treatment beyond six months and sometimes the treatment period is much shorter than this. The Nova Trust Programme is six months long and the Salvation Army Bridge Programmes are eight weeks long.

If the person needs to undergo detoxification treatment, then a short stay in a detoxification facility is usually required before the person is transferred to the certified institution. This can be coordinated by the certified institution (where feasible and practical) or by a CADS or other AOD agency.

Can a person complain or appeal about being detained under the ADA Act?

The ADA Act provides the right to appeal against a committal within three weeks after the date that the court order is signed. There are no other complaint mechanisms built into this Act and complaints are rarely made to the Health and Disability Commissioner.

Who can transfer, discharge or grant leave from compulsory treatment under the ADA Act?

Section 18 of the ADA Act allows the Minister of Health, the certified institution’s supervisory committee or the manager of the institution to transfer the person to another institution, release the person on leave from the institution (usually with specified conditions), or discharge the person from compulsory treatment at any time, but only by written order. In practice, once the treatment programme is completed, people are granted leave but remain under the committal order for the remainder of the two-year period. This means that the Act can be invoked if needed.

The person under committal can apply to the Minister of Health, the institution’s supervisory committee or the manager of the institution for discharge after six months. If the application is refused, the person can apply to the High Court to have the application granted.

Why seek treatment for yourself or others under the ADA Act?

Some people seek treatment under the ADA Act (i.e. voluntary application) as they are facing the possibility of a prison sentence and compulsory treatment is considered a more acceptable path. Also, because the treatment is compulsory, the person may be more likely to stay in treatment longer, increasing the likelihood of recovery. In either case, the person making the voluntary application may have tried other avenues to seek assistance and failed, thus supporting the choice of compulsory treatment to attempt recovery. A voluntary application indicates an initial commitment by the person to choose recovery.

Family members or others may seek treatment for a person with a serious alcohol or other drug problem because they are concerned for the welfare of the person and believe the person is unwilling or unable to seek treatment of their own accord.

Often the person is in a crisis and no other treatment options are available or less coercive options have already been tried.

What are the limitations of seeking treatment under the ADA Act?

It may be difficult to get a certified institution to accept the person for treatment and this can therefore prevent an application being made.
While the treatment is compulsory and it is an offence to leave, in practice the person is not held in a secure environment. In some areas the police may not pursue people leaving treatment as a high priority, i.e. treatment relies on a level of cooperation by the person and does not necessarily confine the person or prevent them from harming themselves or others.

Other considerations

Once a committal order has been made, the treatment is compulsory regardless of the type of application and the person then has limited mechanisms to opt out of treatment until discharged from the provisions of the Act. The person can also be charged with offences under the Act, e.g. for “violent, unruly, insubordinate, destructive, indecent, or insulting conduct” or leaving (or attempting to leave) treatment.

A person who is subject to an involuntary application may feel that their freedom is being denied and may respond negatively to those making the application.

Once the person has been committed to compulsory treatment family members and others need to support the treatment process and remain involved. It is vital that family and friends do not provide the person with alcohol or other drugs, or attempt to assist the person to leave treatment without formal discharge (both offences under the ADA Act).