What is the purpose of the ADA Act?
The ADA Act provides for people who are diagnosed as ‘alcoholics’ and ‘drug addicts’ (see box for definitions) to undergo compulsory treatment under a court order at specially certified institutions.
Who provides compulsory treatment under the ADA Act?
Currently the following organisations are certified treatment institutions:
- Nova Trust: 43 Newtons Road, Christchurch
Ph: (03) 349 2053
- Salvation Army Bridge Programme Christchurch: 35 Collins Street, Addington, Christchurch
Ph: (03) 338 4436
- Salvation Army Bridge Programme Wellington: 26 Riddiford Street, Newtown 6021, Wellington
Ph: (04) 389 6566
- Salvation Army Bridge Programme Auckland: 7-15 Ewington Avenue, Mt Eden, Auckland
Ph: (09) 630 1491
Definitions: alcoholic and drug addict
Section 2 of the ADA Act defines an ‘alcoholic’ as: “any person whose persistent and excessive indulgence in alcoholic liquor is causing or is likely to cause serious injury to his health or is a source of harm, suffering, or serious annoyance to others or renders him incapable of properly managing himself or his affairs.”
Section 3 of the Act defines a ‘drug addict’ as: “any person whose addiction to intoxicating, stimulating, narcotic, or sedative drugs is causing or is likely to cause serious injury to his health or is a source of harm, suffering, or serious annoyance to others or renders him incapable of properly managing himself or his affairs.”
How can compulsory treatment be initiated under the ADA Act?
The ADA Act procedures for compulsory treatment are usually initiated via one of the following:
- A voluntary application for committal (Section 8)
- An involuntary application for committal (Section 9)
Figure: Two ways the ADA Act can be initiated
Voluntary and involuntary applications are further explained below, but the following points apply to both types:
- Applications are made through the District Court or Family Court and proceedings are conducted in private. The person being considered for committal has the right to challenge an application and give evidence including calling witnesses and being represented by a solicitor or counsel.
- The Court generally takes into consideration that the person’s alcohol or other drug use is a serious threat to their health, causes harm, suffering or serious annoyance to others, or stops the person looking after themselves.
- Applications cannot proceed without consulting the institution where the person will receive treatment, i.e. a place at the institution must be arranged before an application can proceed.
- No Court fees are payable for any application (Section 35)
Important notes:
- Treatment institutions are not secure units, i.e. people are not locked up when in treatment.
- The process of committal is not quick; there are a number of steps to work through and this can take time. When treatment facilities are full the waiting time can vary.
- Availability of treatment places depends on where in New Zealand the person is living. Community Alcohol and Drug Services (CADS) or other Alcohol and Other Drug (AOD) agencies can provide information and support. For information about CADS and other agencies in your area see www.addictionshelp.org.nz.
- CADS and other agencies can also assist with exploring other treatment options (i.e. options that do not require committal). CADS provide services free of charge.
- The ADA Act is considered by many to be outdated and is currently under review.
What is a ‘voluntary application’?
A voluntary application is made by a person who themselves wishes to undergo compulsory treatment, i.e. a person with a severe alcohol or other drug problem may apply to a District Court judge to be compulsorily detained for treatment.
Sometimes a person recognises that their circumstances have become unmanageable or have reached a crisis point and that voluntary committal will help them to get into and/or stay in treatment. In some instances, voluntary applications are made in response to family pressure or when the person is faced with a choice between seeking treatment or being sent to prison.
The judge must be satisfied from the information provided that the person is an ‘alcoholic’ or ‘drug addict’ and that he or she fully understands the nature and effect of the application (e.g. that it will result in the person being placed under a compulsory treatment order over a two-year period).
A certified institution has to agree to take the person before an application will proceed.
Once the voluntary application has been made then the voluntary aspect of the process ceases and the person’s treatment becomes compulsory until they are formally discharged from the institution. This can:
- Help to keep a person in treatment (i.e. they have made a decision to stay in treatment and there are consequences for breaking this decision).
- Avoid the person being sent to prison.
What is an ‘involuntary application’?
An involuntary application may be made to a District Court judge by a relative of the person with a severe alcohol or other drug problem, a police officer, or “any other reputable person”. It is often helpful for those applying for a committal order to have the support of a CADS or other treatment agency during this process (NB for committal to Nova Trust a referral must be made by a CADS or other AOD agency). For information about CADS and other treatment agencies in your area see www.addictionshelp.org.nz. Key steps in the involuntary application process are outlined in the Figure below.
Figure: Key steps in an Involuntary Application under the Section 9 of ADA Act
The term “relative” is defined in Section 9(8) of the ADA Act and refers to direct relations, such as, spouse, civil union partner, de facto, grandparent, sibling (including half-sibling), child, grand-child, step-child and step-parent (if person is under 18 years of age and the step-parent shares responsibility for day-to-day care of the person).
Usually the judge will make an order summoning the person who is the “alleged alcoholic [or drug addict] to show why an order should not be made requiring them to be detained for treatment”. The judge may also issue a warrant for the arrest of the alleged alcoholic or drug addict, if this is shown to be necessary to compel the person to attend court or assessment.
The ADA Act stipulates that two doctors are required to assess the person prior to committal for treatment (i.e. two medical practitioners must give either oral or written evidence that they believe the involuntary patient to be an alcoholic or drug addict within the meaning of the ADA Act).
If the person refuses to have a medical examination as required by the Act, the judge may issue a warrant for the person’s arrest and at the same time order that the alleged alcoholic or drug addict undergo medical examination.
As with voluntary applications, a certified institution has to agree to take the person before an application will proceed.
On hearing the application and evidence provided, the judge needs to be satisfied that the application is appropriate, i.e. that the person’s detention and treatment is in the person’s own interest or in the interest of the person’s relatives (Section 9(6)).
What is the nature of compulsory treatment?
The nature of compulsory treatment partially depends on the institution providing treatment, but usually involves a residential programme that the person must attend.
It is an offence to attempt to leave or otherwise abscond from treatment, and it is an offence to assist someone to leave (Section 25).
It is also an offence under the Act if anyone who knows that the person has been committed under the Act supplies (or attempts to supply) the person with any alcohol or other drugs (either within the institution or while the person is on leave). A committal order is in place for a maximum of two years. In practice, most people are not detained in treatment beyond six months and sometimes the treatment period is much shorter than this. The Nova Trust Programme is six months long and the Salvation Army Bridge Programmes are eight weeks long.
If the person needs to undergo detoxification treatment, then a short stay in a detoxification facility is usually required prior to the person being transferred to the certified institution. This can be coordinated by either the certified institution (where feasible and practical) or by a CADS or other AOD agency.
Can a person complain or appeal about being detained under the ADA Act?
The ADA Act provides the right to appeal against a committal within three weeks after the date that the court order is signed. There are no other complaint mechanisms built into this Act and complaints are rarely made to the Health and Disability Commissioner.
Who can transfer, discharge or grant leave of compulsory treatment under the ADA Act?
Section 18 of the ADA Act allows the Minister of Health, the certified institution’s supervisory committee or the manager of the institution to transfer the person to another institution, release the person on leave from the institution (usually with specified conditions), or discharge the person from compulsory treatment at any time, but only by written order. In practice, once the treatment programme is completed, people are granted leave but remain under the committal order for the remainder of the two-year period. This means that the Act can be invoked if needed.
The person under committal can apply to the Minister of Health, the institution’s supervisory committee or the manager of the institution for discharge after six months. If the application is refused, the person can apply to the High Court to have the application granted.
Why seek treatment for yourself or others under the ADA Act?
Some people seek treatment under the ADA Act (i.e. voluntary application) as they are facing the possibility of a prison sentence and compulsory treatment is considered a more acceptable path. Also, because the treatment is compulsory, the person may be more likely to stay in treatment longer, increasing the likelihood of recovery. In either case, the person making the voluntary application may have tried other avenues to seek assistance and failed, thus supporting the choice of compulsory treatment to attempt recovery. A voluntary application indicates an initial commitment by the person to choose recovery.
Family members or others may seek treatment for a person with a serious alcohol or other drug problem because they are concerned for the welfare of the person and believe the person is unwilling or unable to seek treatment of their own accord. Often the person is in a crisis and no other treatment options are available or less coercive options have already been tried.
What are the limitations of seeking treatment under the ADA Act?
It may be difficult to get a certified institution to accept the person for treatment and this can therefore prevent an application being made.
While the treatment is compulsory and it is an offence to leave, in practice the person is not held in a secure environment. In some areas the police may not pursue people leaving treatment as a high priority, i.e. treatment relies on a level of cooperation by the person and does not necessarily confine the person or prevent them from harming themselves or others.
Other considerations
Once a committal order has been made, then the treatment is compulsory regardless of the type of application and the person then has limited mechanisms to opt out of treatment until discharged from the provisions of the Act. The person can also be charged with offences under the Act, e.g. for “violent, unruly, insubordinate, destructive, indecent, or insulting conduct” or leaving (or attempting to leave) treatment.
A person who is subject to an involuntary application may feel that their freedom is being denied and may respond negatively to those making the application.
Once the person has been committed to compulsory treatment family members and others need to support the treatment process and remain involved. It is vital that family and friends do not provide the person with alcohol or other drugs, or attempt to assist the person to leave treatment without formal discharge (both offences under the ADA Act).
More information
Contact your local CADS:
District health board (DHB) community alcohol and other drug services (CADS) will provide free support for people with serious alcohol or other drug problems and/or their family members to seek compulsory treatment under the ADA Act or other treatment options where appropriate. Local contacts can be found under the Hospitals and other health services providers section in the White Pages.
Contact the free Alcohol Drug Helpline 0800 787 797 (or http://www.adanz.org.nz/Services/Home).
The ADA Act can be viewed or downloaded at
www.legislation.govt.nz/act/public/1966/0097/latest/DLM380085.html
References
Broadstock, M, Brinson, D, and Weston, A. (2008). The effectiveness of compulsory, residential treatment of chronic alcohol or drug addiction in non-offenders. HSAC Report 2008; 1(1). Available from: www.hsci.canterbury.ac.nz/documents/A&D_Act.pdf
CADS, (2009). ADA Act Committal: The Alcoholism & Drug Addiction Act 1996. Information Sheet, July 2009. Waitemata District Health Board.
Ministry of Health (1999). Review of the Alcoholism and Drug Addiction Act 1966: A discussion paper for consultation. Ministry of Health, Policy Branch: Wellington. Available from http://www.moh.govt.nz
Salvation Army (no date). Law & Mental Health Manual. Salvation Army training notes: Auckland.
Webb, MB. (2001). Addiction and the law: A case-study of the Alcoholism and Drug Addiction Act. Master’s Thesis, University of Canterbury. Available from: http://ir.canterbury.ac.nz/handle/10092/2567
