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Severe Substance Dependence Treatment Act

The Severe Substance Dependence Treatment Act 2010 provides for the detention and treatment of people with severe alcohol or drug dependence.

Application may be made to the Magistrates’ Court of Victoria, for a detention and treatment order to be made in respect of a person with severe alcohol or drug dependence. The court may order an involuntary period of detention (14 days) and treatment of the person in a treatment centre.

The following criteria must apply before detention and treatment can be considered:

1. The person has a ‘severe substance dependence’.
   A person has a severe substance dependence if—
   • the person has a tolerance to the substance; and
   • the person shows withdrawal symptoms when the person stops using, or reduces the level of use of, the substance; and
   • the person is incapable of making decisions about his or her substance use and personal health, welfare and safety due primarily to the person’s dependence on the substance; and
     
2.  Because of the person’s severe substance dependence, immediate treatment is necessary as a matter of urgency to save the person’s life or prevent serious damage to the person’s health; and
   
3. The treatment can only be provided to the person through the admission and treatment of the person in a treatment centre; and
   
4. There is no less restrictive means reasonably available to ensure the person receives the treatment.
   Application is made using the ‘Application for a Detention and Treatment Order’ form. It must be accompanied by a ‘Recommendation for a Detention and Treatment Order’ completed by a prescribed registered medical practitioner under s12 of the Severe Substance Dependence Treatment Act 2010.

There are strict time limits that apply to the making of this application.

Please refer to the Department of Health’s website for further assistance regarding applications under the Severe Substance Dependence Treatment Act 2010.