Published 27 August 2018
Application for urgent review of compulsory status — application for review of applicant's status by responsible clinician — compulsory treatment status — Substance Addiction (Compulsory Assessment and Treatment) Act 2017, ss 3, 7, 8, 9, 10, 23, 25, 28, 29, 32, 34, 70, 71, 75, 76, 82, & 83. The applicant was subject to a compulsory treatment order under s 23 of the Substance Addiction (Compulsory Assessment and Treatment) Act and applied to the court for an urgent review of his status under the compulsory treatment certificate pursuant to s 34. The applicant's responsible clinician had also applied for a review of the applicant's status pursuant to s 29. The court conducted an interview with the applicant within the statutory time frame and determined that the applicant met the criteria for compulsory treatment as it was the opinion of each person that the Court consulted, with the exception of the applicant, that without proper treatment the applicant's life would be short. The court took into account the evidence of the applicant's medical diagnoses that included severe liver damage, malnutrition and hallucinations; the fears of the applicant's parent and the opinions of two medical professionals. The court noted that the freedom to make wrong choices was not the same as making a wrong choice through lack of capacity and found that the criteria for compulsory treatment were met and that circumstances of the applicant's case required continued compulsory status and that the court must exercise its discretion in favour of a compulsory treatment order. The applicant's application was dismissed and a compulsory treatment order was made under s 32. Judgment Date: 27 March 2018. * * * Note: Names have been changed to comply with legal requirements * * *
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