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June 13th, 2013 
Peter Nolan
Updated
The Northern Territory Government has backed down on how it will enforce its proposed mandatory alcohol rehabilitation program legislation.
Chief Minister Adam Giles says it will “refine” the scheme after “extensive” consultation.
Changes include a shorter assessment period for people facing compulsory rehabilitation and a different approach to patients absconding from treatment.
The North Australian Aboriginal Justice Agency has raised concerns about the legality of detaining people for a three-month rehabilitation program when they have not committed a criminal offence.
But Mr Giles says he is confident the plan is legal and that it will stop people going to jail for alcohol-related crimes.
“We want to keep people out of jail,” he said.
“We want people to go to rehabilitation.
“We believe it stacks up legally.”
Mr Giles says people will only face punitive measures if they abscond three times from treatment programs, rather than once.
He says the aim of the legislation is not to criminalise drunkenness but to reduce the harm caused by alcoholism.
The proposed compulsory rehabilitation scheme has been widely criticised.
Yesterday, the Territory branch of the Australian Medical Association decried the plan as costly, unproven and unacceptable.
It said the proposed laws would mean that problem drinkers would be treated as criminals.
Aboriginal and Torres Strait Islander Social Justice Commissioner Mick Gooda has cast doubt over the legality of the scheme, saying the proposed laws do not allow for judicial oversight.
The Australian Council of Social Services says the proposed laws could lead to breaches of Australia’s human rights obligations.
Alcohol Rehabilitation Minister Robyn Lambley says she has listened to community concerns and wants to make 26 changes to the draft legislation.
She says, under the changes, a person will have committed a criminal offence if they run away from a treatment facility three times during a 12-week treatment program.
“We will do everything within our power to avoid people absconding in the first place,” she said.
“Prevention is always better than cure.”
NT Criminal Lawyers Association president Russell Goldflam says he’s pleased the Government is recognising that people will try to run away from mandatory rehabilitation.
He says he is yet to see the new draft legislation but is still not convinced it will work.
“It just sounds like a little bit of patching up the cracks around the edges, nothing fundamental being changed,” he said.
“The real problems with the scheme are still going to be there, in my view.”
Topics:
rehabilitation,
government-and-politics,
nt,
darwin-0800
First posted
Source Article from http://www.abc.net.au/news/2013-06-13/nt-govt-backs-down-on-compulsoty-grog-rehab-law-conditions/4751140
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