Compulsory treatment

Guide to eligibility for publicly funded health and disability services.

Eligibility:

People who are eligible to receive or are receiving compulsory health services under the following Acts are eligible for those services to be publicly funded.

  • Alcoholism and Drug Addiction Act 1966
  • Criminal Procedure (Mentally Impaired Persons) Act 2003
  • Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
  • Mental Health (Compulsory Assessment and Treatment) Act 1992.

In the case of people receiving services that would be prescribed under the Alcoholism and Drug Addiction Act or the Mental Health (Compulsory Assessment and Treatment) Act, the health service provider will provide:

  • diagnostic services or assessments to determine whether further compulsory services are required
  • inpatient or outpatient care for the illness, including medications, while the person continues to meet the criteria for requiring compulsory treatment
  • other follow up such as counseling, during the time that the person meets the criteria for requiring compulsory treatment.

Citizenship and immigration status are not relevant; length of stay is not relevant.

Criteria: B25, Health and Disability Services Eligibility Direction 2011.

Proof of eligibility:

If there is doubt about whether the Alcoholism and Drug Addiction Act 1966; or Mental Health (Compulsory Assessment and Treatment) Act 1992 provisions apply in a particular case, it should be referred to the District Inspector who will consult the Ministry of Health where necessary.

If there is doubt about whether the Intellectual Disability  (Compulsory Care and Rehabilitation) Act 2003 or Criminal Procedure (Mentally Impaired Persons) Act 2003 provisions apply in any particular case, queries should be referred to the Director (IDCC&R), Ministry of Health.

Back to top