Drug and Alcohol Treatment Act 2007 (NSW)

Drug and Alcohol Treatment Act 2007 No 7

An Act to provide for the health and safety of persons with a severe substance dependence through involuntary detention, care, treatment and stabilisation; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Drug and Alcohol Treatment Act 2007.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act (1) The objects of this Act are— (a) to provide for the involuntary treatment of persons with a severe substance dependence with the aim of protecting their health and safety, and (b) to facilitate a comprehensive assessment of those persons in relation to their dependency, and (c) to facilitate the stabilisation of those persons through medical treatment, including, for example, medically assisted withdrawal, and (d) to give those persons the opportunity to engage in voluntary treatment and restore their capacity to make decisions about their substance use and personal welfare. (2) This Act must be interpreted, and every function conferred or imposed by this Act must be performed or exercised, so that, as far as practicable— (a) involuntary detention and treatment of those persons is a consideration of last resort, and (b) the interests of those persons is paramount in decisions made under this Act, and (c) those persons will receive the best possible treatment in the least restrictive environment that will enable treatment to be effectively given, and (d) any interference with the rights, dignity and self-respect of those persons will be kept to the minimum necessary.

4 Application of Act (1) This Act does not apply to minors. (2) Nothing in this Act affects the operation of the following Acts— (a) the Mental Health Act 2007, (b) the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, (c) the Public Health Act 2010, (d) the Guardianship Act 1987, (e) the Law Enforcement (Powers and Responsibilities) Act 2002.