Involuntary treatment of drug and alcohol dependence in New South Wales: an old Act and a new direction

Dore, Glenys M; Batey, Robert G; Smyth, Darren J

doi:10.5694/mja12.10387

Topics

Will new legislation address the dilemmas raised by a century-old Act for involuntary treatment of addiction?

In September 2012, the Drug and Alcohol Treatment Act 2007 was adopted in New South Wales, to better manage people requiring involuntary treatment for substance dependence. The new Act formally replaced the outdated, century-old Inebriates Act 1912 (NSW). Here, we explain why the new legislation was needed and what advances in management it will enable.

1 Northern Sydney Drug and Alcohol Service, Northern Sydney Local Health District, Sydney, NSW.
2 Australasian Society for HIV Medicine, Sydney, NSW.
3 Mental Health and Drug and Alcohol Office, NSW Health, Sydney, NSW.
4 Drug and Alcohol Nurses Australasia, Warrnambool, VIC.

Correspondence: gdore@nsccahs.health.nsw.gov.au

Competing interests:

Glenys Dore is the Clinical Director of the Northern Sydney Drug and Alcohol Service, where one of the new ITUs is based. Robert Batey has advised NSW Health about involuntary treatment for substance dependence and was involved in setting up the ITU trial in his former role as Clinical Advisor, Addiction Medicine.

1. Broadstock M, Brinson D, Weston A. The effectiveness of compulsory, residential treatment of chronic alcohol or drug addiction in non-offenders: a systematic review of the literature. Health Services Assessment Collaboration report. Christchurch: University of Canterbury, 2008.
2. NSW Legislative Council Standing Committee on Social Issues. Report on the Inebriates Act 1912. Sydney: NSW Parliament, 2004.
3. Pritchard E, Mugavin J, Swan A. Compulsory treatment in Australia: a discussion paper on the compulsory treatment of individuals dependent on alcohol and/or other drugs. Canberra: Australian National Council on Drugs, 2007.
4. Miller NS, Flaherty JA. Effectiveness of coerced addiction treatment (alternative consequences): a review of the clinical research. J Subst Abuse Treat 2000; 18: 9-16.
5. MacAvoy MG, Flaherty B. Compulsory treatment of alcoholism: the case against. Drug Alcohol Rev 1990; 9: 267-272.
6. Berridge V. Punishment or treatment? Inebriety, drink, and drugs, 1860–2004. Lancet 2004; 364 Suppl 1: s4-s5.
7. Shea P. The New South Wales Inebriates Act: going, going, gone? Australas Psychiatry 2005; 13: 195-197.
8. Webb MB. Compulsory alcoholism treatment in New South Wales. Med Law 2003; 22: 311-327.
9. Nace EP, Birkmayer F, Sullivan MA, et al. Socially sanctioned coercion mechanisms for addiction treatment. Am J Addict 2007; 16: 15-23.
10. Sullivan MA, Birkmayer F, Boyarsky BK, et al. Uses of coercion in addiction treatment: clinical aspects. Am J Addict 2008; 17: 36-47.
11. Klag S, O’Callaghan F, Creed P. The use of legal coercion in the treatment of substance abusers: an overview and critical analysis of thirty years of research. Subst Use Misuse 2005; 40: 1777-1795.
12. Swan A, Alberti S. The Alcoholics and Drug-dependent Persons Act (ADDPA) 1968: a review. Melbourne: Turning Point Alcohol and Drug Centre, Victorian Department of Human Services, 2004.
13. Stevens A, Berto D, Heckmann W, et al. Quasi-compulsory treatment of drug dependent offenders: an international literature review. Subst Use Misuse 2005; 40: 269-283.
14. Urbanoski KA. Coerced addiction treatment: client perspectives and the implications of their neglect. Harm Reduct J 2010; 7: 13.
15. Hall W, Lucke J. Legally coerced treatment for drug using offenders: ethical and policy issues. Crime and Justice Bulletin 2010; (144): 1-12.
16. Volkow ND, Fowler JS. Addiction, a disease of compulsion and drive: involvement of the orbitofrontal cortex. Cereb Cortex 2000; 10: 318-325.

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