In 2013, the Northern Territory Parliament passed the Alcohol Mandatory Treatment Act (insert hyperlink) and set up mandatory alcohol treatment facilities in Darwin, Katherine and Alice Springs.
Further information on the Act can be found on the Northern Territory Government’s Department of Health website
NAAJA has a number of concerns with the mandatory alcohol regime. These include:
- People can be detained for up to 144 hours waiting for assessment (cll 14, 17). A person can then spend up to 7 extra days in detention waiting for the Tribunal’s decision (cll 20, 24, 31).The scheme therefore permits someone to be detained for up to 13 days before it determined they are eligible for treatment.
- There is no guarantee that a person is informed of their rights in their language (cl 15). There is no guarantee that interpreters or communication aids are used to ensure people understand the purpose of their assessment (cl 19).
- There is no guarantee a person can speak with a lawyer when they are admitted (cl 16).There is no right to legal representation in the Local Court (cll 51, 113). We strongly oppose this in light of the complexity of these proceedings (appeals can only be on questions of law), and the vulnerability of these individuals.
- Detained persons can be charged for food and medication in detention (cl 70).
- It is an offence to leave the treatment centre or to permit someone to leave (cll 72, 73).
- There are excessive powers to use force and to apprehend detained persons (cll 75, 79).
- Non-doctors can be appointed as senior assessment clinicians (cl 131).
- A mandatory treatment order must not be made if the person is charged with an offence (cl 9). We are concerned this creates a perverse incentive for people to commit a minor offence to avoid mandatory rehabilitation.
- The criteria for who is required to complete treatment are vague and broad(cl 10).
- It is unclear on the face of the legislation that community treatment is to be preferred over residential treatment (cll 11, 12).
- The Bill does not clarify or specify what the ‘aftercare plan’ is (cl 65).
- The complaints procedure for the treatment centres is not clear (cl 82).
A copy of our joint initial submission detailing these concerns can be found here.
A number of other organisations made submissions opposing the regime:
- NTLAC, CAALAS, NAAJA – joint submission
- Aboriginal Peak Organisations Northern Territory submission and Appendix
- Law Society Northern Territory submission
- NTCOSS submission
- People’s Alcohol Action Coalition submission
- CAAAPU NT submission
- Australian Lawyers for Human Rights submission
- Australian Human Rights Commission submission
- Australian Professional Society on Alcohol and Other Drugs submission
- ANTaR submission
- Foundation for Alcohol Research and Education submission
- Jesuit Social Services submission
- WANADA WACOSS submission