Involuntary Treatment

Involuntary, compulsory, or mandatory treatment is reserved for the treatment of people with the most severe substance use disorders. In Australia, NSW1, Victoria2, Tasmania3, and Northern Territory4 have laws which allow for a period of detention for the purposes of treatment. Eligibility for these programs vary according to the legislation underpinning them. Generally speaking, the person must have a severe substance dependence, have lost the capacity to make decisions in their best interests, and that care, treatment or control of the person is necessary to protect them from serious harm. There should be a reasonable prospect of benefitting from the proposed treatment which is not merely detention per se. Other criteria according to the ruling legislation must also be met.  

Involuntary treatment programs in Australia generally provide short-term care with an involuntary supervised withdrawal component (up to 28 days) and a voluntary aftercare component. Referrals can be made for an assessment which must be undertaken by an accredited medical practitioner. Admission is then approved by a court.  Involuntary treatment is generally considered to be an option of last resort. Evaluations have revealed some positive outcomes but there are no formal trials that demonstrate the effectiveness or cost-effectiveness of this treatment approach. A key practical concern is to match the treatment service to the requirements, which are resource intensive.

Chapter Recommendation Grade of recommendation
5.6 Evidence currently does not support improved outcomes related to involuntary treatment beyond the period of detention. D

1Involuntary Drug and Alcohol Treatment Act 2007
  Legislation
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2Severe Substance Dependence Treatment Act 2010 (SSDTA)
  Legislation
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3Alcohol and Drug Dependency Act 1968
  Legislation

4The Alcohol Mandatory Treatment Act 2013
  Legislation