Severe Substance Dependence Treatment Act

Compulsory treatment

Key messages

  • The Severe Substance Dependence Treatment Act 2010 (SSDTA) provides for a brief period of detention and treatment for people with severe substance dependence in a treatment centre.
  • The SSDTA only applies to people with the most severe substance dependence who are incapable of making decisions about their substance use and personal health, welfare and safety due primarily to their substance dependence.
  • Only a person who is a fellow or affiliate of the Royal Australian and New Zealand College of Psychiatrists (psychiatrists) or a person who is a fellow of the Australasian Chapter of Addiction Medicine (addiction medicine specialists) can recommend a person be treated under the SSDTA.
  • The current declared treatment provider is St Vincent's Health Australia.

About compulsory treatment

The Victorian Severe Substance Dependence Treatment Act 2010 (the Act) allows for up to 14 days of compulsory substance dependence treatment.

The SSDTA is only appropriate for people whose substance dependence is life limiting (threatening) and who are refusing treatment, meaning no less restrictive treatment is available.

Compulsory treatment provides evidence-based withdrawal support so that a person can regain capacity to make decisions about their substance use, health and safety, and to consider ongoing voluntary treatment. People who receive compulsory treatment are discouraged from continuing to use substances but are entitled to do so.

Seeking compulsory treatment under the SSDTA

The applicant must complete an application form and obtain a recommendation from a prescribed registered medical practitioner that the person subject of the application satisfies the strict criteria for detention and treatment under the Act. Both the medical practitioner's recommendation and the application should then be lodged with a Magistrates' Court by the person making the application. Upon approval by the Court, the person is admitted to the treatment centre.

Disclaimer

The information provided on these pages is intended as general information about the Severe Substance Dependence Treatment Act 2010 and Severe Substance Dependence Treatment Regulations 2011 and not as legal advice. If individuals or service providers have queries about their obligations under the Act they should obtain independent legal advice.

Updated