Voluntary and Involuntary Applications

What is a voluntary application?

A voluntary application is made by a person who themselves wishes to undergo compulsory treatment, i.e. a person with a severe alcohol or other drug problem may apply to a District Court judge to be compulsorily detained for treatment.

Sometimes a person recognises that their circumstances have become unmanageable or have reached a crisis point and that voluntary committal will help them to get into and/or stay in treatment. In some instances, voluntary applications are made in response to family pressure or when the person is faced with a choice between seeking treatment or being sent to prison.

The judge must be satisfied from the information provided that the person is an ‘alcoholic’ or ‘drug addict’ and that he or she fully understands the nature and effect of the application (e.g. that it will result in the person being placed under a compulsory treatment order over a two-year period).

A certified institution has to agree to take the person before an application will proceed.

Once the voluntary application has been made, the voluntary aspect of the process ceases and the person’s treatment becomes compulsory until they are formally discharged from the institution. This can:

• help to keep a person in treatment (i.e. they have made a decision to stay in treatment and there are consequences for breaking this decision)
• avoid the person being sent to prison.

What is an involuntary application?

An involuntary application may be made to a District Court judge by a relative of the person with a severe alcohol or other drug problem, a police officer, or “any other reputable person”.
It is often helpful for those applying for a committal order to have the support of a CADS or other treatment agency during this process (NB for committal to Nova Trust a referral must be made by a CADS or other AOD agency). For information about CADS and other treatment agencies in your area see www.addictionshelp.org.nz. Key steps in the involuntary application process are outlined in the figure below.
 

Key steps in an involuntary application under section 9 of the ADA Act

The term 'relative' is defined in section 9(8) of the ADA Act and refers to direct relations, such as spouse, civil union partner, de facto, grandparent, sibling (including half-sibling), child, grand-child, step-child and step-parent (if person is under 18 years of age and the step-parent shares responsibility for day-to-day care of the person).

Usually the judge will make an order summoning the person who is the “alleged alcoholic [or drug addict] to show why an order should not be made requiring them to be detained for treatment”. The judge may also issue a warrant for the arrest of the alleged alcoholic or drug addict, if this is shown to be necessary to compel the person to attend court or assessment.

The ADA Act stipulates that two doctors are required to assess the person before committal for treatment (i.e. two medical practitioners must give either oral or written evidence that they believe the involuntary patient to be an alcoholic or drug addict within the meaning of the ADA Act).

If the person refuses to have a medical examination as required by the Act, the judge may issue a warrant for the person’s arrest and at the same time order that the alleged alcoholic or drug addict undergo medical examination.
As with voluntary applications, a certified institution has to agree to take the person before an application will proceed.

On hearing the application and evidence provided, the judge needs to be satisfied that the application is appropriate, i.e. that the person’s detention and treatment are in the person’s own interest or in the interest of the person’s relatives (section 9(6)).