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Assessment, treatment and detention orders for drug dependency

Under Part 7A of the Controlled Substances Act 1984 (SA), the Youth Court of South Australia may make orders for the assessment and treatment of children for drug dependency ("Youth Treatment Orders"). The paramount consideration in the administration, operation and enforcement of this legislation must always be the best interests of the child, subjected to, or proposed to be subject to an order [s 54A]. The Youth Treatment Orders jurisdiction of the Youth Court is governed by Chapter 8 Part 5 of the Uniform Special Statutory Rules 2022 (SA).

Initially an order may only be made in relation to a child who is subject to detention in a training centre at the time the order is made (whether or not the period of detention has commenced), and the order will cease when the child is released from detention [s 54B(3) and (6)]. A date will be declared by the Governor by proclamation at which time orders may be made in relation to children who are not subject to detention in a training centre [s 54B(7)].

All references in this section are to the Controlled Substances Act 1984 (SA), unless stated otherwise.

A person may be assessed, treated or detained, and reports provided as required, despite the fact that a person has reached the age of 18 years if the order [s 54J]:

  • was made before the person reached 18 years of age; and
  • did not specify that the order was to expire on the person reaching 18 years of age

A child cannot be ordered to pay for the costs of their own assessment or treatment [s 54K]. A person who is ordered to pay these costs may apply to vary or revoke the order [s 54K (3)].

Assessment, treatment and detention orders for drug dependency  :  Last Revised: Tue Nov 23rd 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.