New South Wales Consolidated Acts

INEBRIATES ACT 1912 - SECT 3

3 Order for control of inebriates

(1) It shall be lawful for the Supreme Court or a District Court Judge or a Magistrate, on the application of:

(a) an inebriate or any person authorised in writing in that behalf by an inebriate while sober,

(b) the spouse, or a parent, or a brother, sister, son, or daughter of full age, or a partner in business of an inebriate, or

(c) a member of the police force of or above the rank of sergeant acting on the request of a duly qualified medical practitioner in professional attendance on the inebriate, or on the request of a relative of the inebriate, or at the instance of an authorised officer within the meaning of the Criminal Procedure Act 1986 ,

and on proof to the satisfaction of the Court, Judge or Magistrate that the person in respect of whom the application is made is an inebriate and would benefit from the making of an order, to order:

(d) that the inebriate enter into a recognizance (or, in the case of an order by the Supreme Court, other security), with or without sureties, that he will abstain from intoxicating liquor and intoxicating or narcotic drugs for the period therein mentioned, not being less than twelve months, or

(e) that the inebriate be placed for any period mentioned in the order not exceeding twenty-eight days under the care and control of some person or persons to be named in the order, in the house of the inebriate, or in the house of a friend of the inebriate, or in a public or private hospital, or in an institution, or in an admission centre, or

(f) that the inebriate be placed in a licensed institution or a State institution established under section 9 for such period not exceeding twelve months as may be mentioned in the order, or

(g) that the inebriate be placed for any period not exceeding twelve months, to be mentioned in the order, under the care and charge of an attendant or attendants to be named in the order, and who shall be under the control of the Court or Judge or Magistrate making the order, or of a guardian who is willing to act in that capacity:

Provided that no such order shall be made:

(i) except on production of the certificate of a legally qualified medical practitioner that the person in respect of whom the application is made is an inebriate together with corroborative evidence by some other person or persons, and

(ii) except on personal inspection of the inebriate by the Court or Judge or Magistrate, or by some person appointed by him in that behalf, and

(iii) unless the inebriate would benefit from the making of the order.

(1A) The Court, Judge or Magistrate to which or to whom an application is made under subsection (1) may, before determining the application, remand the person in respect of whom the application is made into such custody as the Court, Judge or Magistrate may order for a period not exceeding 7 days to enable that person to be examined by a legally qualified medical practitioner for the purpose of assisting in determining whether or not that person is an inebriate.

(1B) A person who escapes from the custody of a person into whose custody he has been remanded under subsection (1A) may be arrested and returned to that custody.

(2) Every medical practitioner who signs any certificate under or for the purposes of this Act shall specify therein the facts upon which he has formed his opinion that the person to whom such certificate relates is an inebriate, and shall distinguish in such certificate facts observed by himself from facts communicated to him by others, and no such order shall be made upon any certificate which purports to be founded only upon facts communicated by others.

(3) The inebriate shall be afforded an opportunity of being heard in objection. The Court, Judge or Magistrate may direct that the inebriate shall be brought before him in open court or in private.

(4) On the order of the Supreme Court or of a District Court Judge, any period mentioned in an order made under paragraph (f) or paragraph (g) of subsection (1) may from time to time be extended for further periods not exceeding twelve months each. The inebriate shall be afforded an opportunity of being heard in objection to any such order.