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New Drug and Alcohol Treatment Bill - Human Rights at Risk

A Drug and Alcohol Treatment Bill is being drafted by the State Government. The proposed laws will facilitate longer-term involuntary detention & treatment for persons dependent on alcohol or other drugs. Below is a joint statement from FLS, Youthlaw, The Mental Health Legal Service, The Human Rights Law Resource Centre and VIVAIDS setting out the joint concerns over this Bill. At the bottom of the page is a Briefing Paper and a submission from the Law Institute of Victoria to the Department of Human Services on this issue. 

Statement

We write to raise awareness about new legislation being drafted by the Department of Human Services - the Drug and Alcohol Treatment Bill.

What will the new laws be?

The proposed laws will facilitate longer-term involuntary detention & treatment for persons dependent on alcohol or other drugs.We are concerned that triggering mechanisms may be broadly drafted.

What issues arise under these laws?

We believe these kinds of laws may have negative impacts on service users and service providers. Major concerns are:

  • Serious breaches of fundamental human rights of persons with drug/ alcohol dependence
  • Compromise to existing & tenuous relationships with consumers of drug and alcohol treatment/ support services
  • Failure to provide adequate funding to meet the needs of persons with drug/ alcohol dependence already wanting to engage in voluntary programs
  • Failure to address the needs of those likely to be subject to these laws in terms of housing and other basic social and economic human rights vital to human dignity

We believe thesekinds of laws are misdirected in principle and law, and further involve an influx of funds into the most punitive/ coercive end of drug and alcohol treatment that would be better invested in existing services.

The new legislation will replace the Alcohoic and Drug Dependent Persons Act 1968 (Victoria) which can be viewed online.

Please find attached the briefing paper outlining issues raised by these new laws in greater detail and the submission made by Fitzroy Legal Service regarding this legislation when it was reviewed.

We hope to have an opportunity to engage further with individuals and services on these important changes to drug & alcohol laws and policy approaches.Please circulate within your networks.

You can contact the following persons to discuss the briefing paper further:

Meghan Fitzgerald/ Hui Zhou
Fitzroy Legal Service 9419 3744
enquiries@fitzroy-legal.org.au

William Crawford
Neighbourhood Justice Centre
enquiries@fitzroy-legal.org.au

Damon Brogan
VIVAIDS 9329 1500
vivaids@vivaids.org.au

Tiffany Overall
Youthlaw 9611 2412
info@youthlaw.asn.au

Vivienne Topp
Mental Health Legal Service 9629 4422
mental_health-vic@clc.net.au

Phil Lynch
Human Rights Law Resource Centre 9225 6695
hrlrc@vicbar.com.au

Briefing Paper

Fitzroy Legal Service Submission on Current Legislation






124 Johnston Street
Fitzroy VIC 3065
PO Box 297 Fitzroy 3065
DX 96611
T 03 9419 3744
F 03 9416 1124
E enquiries@fitzroy-legal.org.au

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