ALCOHOL MANDATORY TREATMENT ACT 2013 (NO 17 OF 2013)
Table of Provisions
PART 1--PRELIMINARY MATTERS
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Application of Act
- 5 Definitions
- 6 Principles
- 7 Application of Criminal Code
PART 2--ASSESSMENT OF ASSESSABLE PERSONS
Division 1--Key concepts
- 8 Assessable person
- 9 When mandatory treatment order may be made
- 10 Criteria for a mandatory treatment order
- 11 Mandatory community treatment order
- 12 Mandatory residential treatment order
- 13 Income management order
Division 2--Admission to assessment facility and assessment
- 14 Admission and detention
- 15 Information to be given to person
- 16 Notifying primary contact and others
- 17 Timing of assessment
- 18 Release if assessment not conducted within time allowed
- 19 Assessment
- 20 Action following assessment
- 21 Request under Mental Health Act
- 22 Application to Tribunal
- 23 Notice of action taken
Division 3--Other matters
- 24 Continued detention of person after assessment
- 25 Release if person not adult
- 26 Release if person subject to order under Mental Health Act
- 27 Release if treatment needed under Mental Health Act
- 28 Release on order of Tribunal
- 29 Transport on release
- 30 Nomination of primary contact
PART 3--MANDATORY TREATMENT ORDERS
Division 1--Hearing of application made following assessment
Subdivision 1--General matters- 31 Timing and notice of hearing Subdivision 2--Application in relation to person to whom mandatory community treatment order does not apply
- 32 Application
- 33 Orders that can be made by Tribunal
- 34 Income management order must be made for eligible welfare payment recipient
- 35 Exemption from further assessment
- 36 Order for release taken to be made after 96 hours
- 37 Notice of order and information notice Subdivision 3--Application in relation to person to whom mandatory community treatment order applies
- 38 Application
- 39 Orders that can be made by Tribunal
- 40 Additional power to vary or revoke income management order
- 41 Exemption from further assessment
- 42 Order for release taken to be made after 96 hours
- 43 Notice of order and information notice
Division 2--Variation, revocation or replacement of order
- 44 Application for variation, revocation or replacement of order
- 45 Timing and notice of hearing
- 46 Orders that can be made by Tribunal
- 47 Additional power to vary or revoke income management order
- 48 Notice of order and information notice
Division 3--Content of orders
Division 4--Appeals
- 51 Appeals to Local Court
Division 5--Suspension of mandatory treatment order
- 52 Mandatory treatment order suspended while person subject to order under Mental Health Act
PART 4--MANDATORY TREATMENT
Division 1--Treatment under mandatory residential treatment order
- 53 Transfer to treatment centre
- 54 Admission and detention
- 55 Information to be given to person
- 56 Treatment
- 57 Alcohol testing
- 58 Release from treatment centre
Division 2--Treatment under mandatory community treatment order
- 59 Information to be given to community treatment provider
- 60 Information to be given to person
- 61 Treatment
- 62 Notice to be given if person no longer meets criteria
- 63 Notice to be given of contravention
- 64 Person need not comply with mandatory community treatment order while detained
Division 3--Aftercare plans
Division 4--Administrative matters
- 67 Records to be maintained at treatment centre
- 68 Records to be maintained by community treatment provider
- 69 Access to records
- 70 Charge for consumables
- 71 Nomination of primary contact
Division 5--Offences
- 72 Offence to be absent from treatment centre
- 73 Offence to permit contravention of mandatory treatment order
PART 5--PROVISIONS RELATING TO PERSONS DETAINED AT ASSESSMENT FACILITIES AND TREATMENT CENTRES
Division 1--General matters
- 74 Administration of medication
- 75 Use of reasonable force
- 76 Leave of absence
- 77 Power to search persons
- 78 Search and seizure generally
- 79 Power to apprehend persons
- 80 Police assistance in apprehending persons
- 81 Records to be maintained at assessment facility
- 82 Complaint procedures for treatment centres
Division 2--Community visitors program
Subdivision 1--Principal community visitor and community visitors- 83 Appointment
- 84 Interim community visitor
- 85 Vacation of office
- 86 Termination of appointment Subdivision 2--Powers and functions of community visitors
- 87 Functions of principal community visitor
- 88 Inquiry functions
- 89 Complaint functions
- 90 Visiting duties
- 91 Powers of inspection
- 92 Requests to be contacted by community visitors
- 93 Reports by community visitors Subdivision 3--Community visitors panel
- 94 Establishment
- 95 Appointment of members
- 96 Vacation of office
- 97 Termination of appointment
- 98 Functions of community visitors panel
- 99 Report by community visitors panel Subdivision 4--Miscellaneous matters
- 100 Assistance to be provided
- 101 Annual report
PART 6--ALCOHOL MANDATORY TREATMENT TRIBUNAL
Division 1--Establishment of Tribunal and related matters
- 102 Establishment of Tribunal
- 103 Functions and powers
- 104 Membership
- 105 Term of appointment
- 106 President and Deputy President
- 107 Vacation of office
- 108 Termination of appointment
- 109 Composition of Tribunal
- 110 Replacement of member
- 111 Registrar and Deputy Registrars of Tribunal
Division 2--General provisions for proceedings
- 112 Form and lodgment of applications
- 113 Right of appearance and representation
- 114 Conduct of proceeding generally
- 115 Conduct of hearing
- 116 Interpreter
- 117 Evidence
- 118 Reports of reasons for decisions
Division 3--Notices relating to income management
- 119 Eligible welfare payment recipient
- 120 Notice to Secretary requiring income management
- 121 Notice to Secretary revoking requirement for income management
Division 4--Other matters
PART 7--MISCELLANEOUS PROVISIONS
Division 1--Alcohol testing
Division 2--Declaration of premises, appointment and functions of officers and authorisation of persons
- 127 Assessment facilities
- 128 Treatment centres
- 129 Functions of CEO
- 130 Clinical director
- 131 Senior assessment clinicians
- 132 Residential treatment providers
- 133 Senior treatment clinicians
- 134 Community treatment providers
- 135 Authorised officers
Division 3--Other matters
- 136 Act does not limit or affect other powers
- 137 Transport of persons to and from assessment facilities and treatment centres
- 138 Misleading information
- 139 Protection from liability
- 140 Collection and disclosure of information
- 141 Confidentiality of information
- 142 Regulations
PART 8--REPEAL AND TRANSITIONAL MATTERS
Division 1--Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act
Division 2--Alcohol Reform (Substance Misuse Assessment and Referral for Treatment Court) Act
PART 9--CONSEQUENTIAL AMENDMENTS
Division 1--Coroners Act
- 150 Act amended
- 151 Section 12 amended
Division 2--Court Security Regulations
- 152 Regulations amended
- 153 Regulation 2 amended
Division 3--Information Act
- 154 Act amended
- 155 Section 69 amended
Division 4--Information Regulations
Division 5--Liquor Act
- 158 Act amended
- 159 Section 31A amended
- 160 Section 122 amended
Division 6--Mental Health and Related Services Act
- 161 Act amended
- 162 Section 33 amended
- 163 Section 34 amended
Division 7--Police Administration Act
- 164 Act amended
- 165 Section 4 amended
- 166 Section 128 amended
- 167 Sections 128A and 128B inserted
- 168 Section 130A amended
- 169 Part X, heading replaced
Division 1--Transitional matters for Police Administration Amendment (Powers and Liability) Act 2005
- 170 Part XI, heading replaced