Alcoholics and Drug Dependent Persons Act

The debate surrounding the arbitrary detention of people is not new in Australia. In recent times it has ranged from the civil detention of asylum seekers to government support for the off-shore detention of our citizens for years without charge.

The freedom from arbitrary detention is a fundamental human right enshrined in the International Covenant on Civil and Political Rights and mirrored in s 21(2) of Victoria’s Charter of Human Rights. Despite this, Victoria continues to condone a system of detention for the purposes of involuntary treatment for persons affected by drugs and alcohol. In 2005 the government began a review of the Alcoholics and Drug Dependent Persons Act 1986, an Act which provides for the involuntary detention of the drug or alcohol dependent offenders in a treatment facility in lieu of general sentencing options.

While there are yet to be any concrete outcome from the review, Victoria’s Alcohol Action Plan 2008-2013 indicates an intention to introduce new legislation for involuntary detention for people with drug and alcohol dependence “where they are at risk of serious harm to themselves or others”. The government appears to be considering the broader approach of civil detention, even in the absence of associated criminal offences.

The potential for arbitrary detention will compromise the dignity of users, their ability to access health and social services, and increase the likelihood of a person being dealt with under multiple punitive systems.

Hui Zhou
Drug & Alcohol Outreach Solicitor
Fitzroy Legal Service