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Treatment Orders

A treatment order requires a child to attend a nominated treatment service and for the service to provide a report to the applicant, the child (or a person representing a child) and the Court following its assessment [s 54B(1)(b)].

The Court may only make a treatment order in relation to a child if the child has been assessed by a medical practitioner (pursuant to an assessment order or otherwise) as being dependent on one or more controlled drugs [s 54D(2)(a)], and:

  • The child may be a danger to themselves or others; and
  • The child has refused to voluntarily seek treatment; and
  • No other appropriate and less restrictive means is available to ensure the child receives the treatment; and
  • The treatment and care of the child pursuant to the order will be governed by an appropriate treatment and care plan aimed at treating the child’s dependency on controlled drugs.

A child may be assessed and given treatment in accordance with a treatment order, and reports provided, despite the refusal of consent by the child [s 54H]. Other treatment may be provided (other than treatment for the child’s dependency on controlled drugs), in accordance with the Consent to Medical Treatment and Palliative Care Act 1995 (SA). For more information, see Medical Treatment and Related Issues, Consent.

Treatment Orders  :  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.