The Severe Substance Dependence Treatment Bill 2009 (Vic), currently before Victorian Parliament, proposes to introduce short-term involuntary detention and treatment for persons with severe substance dependence in circumstances where it is necessary as a matter of urgency to save a person’s life or prevent serious damage to a person’s health.
The Human Rights Law Resource Centre has made a Submission to the Scrutiny of Acts and Regulations Committee expressing concern that aspects of the Bill are incompatible with the Charter of Human Rights and Responsibilities Act 2006 (Vic).
The Centre makes a series of recommendations aimed at ensuring that the limitations on human rights imposed by the Bill are reasonable and proportionate, including that:
- if the Bill is to be compatible with the Charter, the Minister must provide strong empirical evidence to support the effectiveness of involuntary detention and treatment;
- the Government should substantially improve access to voluntary drug treatment programs;
- individuals must not be made subject to a detention and treatment order in instances where they retain legal capacity and choose to refuse treatment;
- all persons subject to a detention and treatment order must have effective access to legal representation and advocacy support; and
- the Bill should be amended to guarantee that persons made subject to a detention and treatment order can access voluntary treatment services once the order has expired.
