The Youth Treatment Orders program enables applications to be made to the Youth Court to order young people experiencing drug dependency to attend drug assessment and treatment.

These orders can only be made for young people who are subject to detention in Kurlana Tapa Youth Justice Centre who have refused to engage in treatment voluntarily.

A young person who is the subject of an application for a Youth Treatment Order is entitled to free legal representation. This service is provided by the Legal Services Commission.

There are 3 three types of Youth Treatment Orders – an ‘Assessment Order’, a ‘Treatment Order’ and a ‘Detention Order’.

Assessment Orders

An Assessment Order requires a young person to attend an assessment to determine whether:

• they are drug dependent
• they pose a danger to themselves or other people
• they have refused to voluntarily seek treatment, and
• there are no other appropriate and less restrictive ways to ensure they receive treatment.

If the Youth Court receives an application for an Assessment Order, the Youth Court may make the order if it is satisfied there is a reasonable likelihood the young person is habitually using drugs, and they may be a danger to themselves or others.

The Youth Court will consider the information provided with the application and any other information provided by people involved in the young person’s life, to determine if the Assessment Order should be made.

The assessment involves the young person attending an appointment with a health practitioner, who will then provide an Assessment Report to the Youth Court.
If the health practitioner recommends the young person should receive treatment, the Assessment Report will include a Treatment and Care Plan, which includes information like the type of treatment recommended and the recommended treatment duration.

Treatment Orders

If the Youth Court receives an application for a Treatment Order, the Youth Court will consider the Assessment Report and any other information provided by people involved in the young person’s life, to decide if the young person needs drug treatment.

If the Court makes a Treatment Order, the young person will be required to attend drug treatment at Kurlana Tapa. The treatment will follow the Treatment and Care Plan developed by the health practitioner.

A Treatment Report will be provided to the Youth Court once the treatment has concluded.

Detention Orders

If a young person does not comply with an Assessment or Treatment Order voluntarily, an application may be made to the Youth Court to make a Detention Order.

Detention Orders must be for the shortest time the Court thinks is appropriate, and must not last longer than the young person’s period of detention in Kurlana Tapa.

Detention Orders are not ‘active’ all the time. They only apply at the day and time of the young person’s scheduled appointment for assessment or treatment.
The Youth Court will regularly review the Detention Order.

Family members of the young person can apply for a Youth Treatment Order. This could be the young person’s:

• parent or legal guardian
• relative according to Aboriginal or Torres Strait Islander kinship rules.

Other people can also apply for a Youth Treatment Order if they meet certain criteria. A few examples are:

• a doctor who is treating the young person
• the Public Advocate
• the Chief Executive of the government department that runs Kurlana Tapa (currently the Department of Human Services)
• the Chief Executive of the government department that administers the Children and Young People (Safety) Act 2017 (currently the Department for Child Protection), if there are currently proceedings before the Court under that Act
• people who are involved in prosecuting the young person for an offence that is currently before the Court (if they are authorised by the Director of Public Prosecutions or the Commissioner of Police).

A full list of people who can apply for a Youth Treatment Order can be found in section 54C of the Controlled Substances Act 1984.

A person applying for an Assessment, Treatment or Detention Order must complete Form YTO1 and submit it to the Youth Court in hard copy or electronically via email to youthcourt@courts.sa.gov.au.

The applicant must also serve (give) a copy of the application to the young person, along with a Statement of Rights. This is a legal requirement.

The applicant must then provide proof that they served the application on the young person by completing a Form G10A – Affidavit of Proof of Service and submitting it to the Youth Court in hard copy or electronically via email to youthcourt@courts.sa.gov.au before the first Directions Hearing.

Timeframes

Six weeks is the minimum time it takes for a young person to receive court-ordered treatment for drug dependency. As such, applications should only be made if the young person will be subject to detention in Kurlana Tapa for at least another six weeks.

This timeframe accounts for a number of steps that must occur to protect the rights and wellbeing of young people, and to make sure any treatment can be meaningful. It includes the time needed to:

• make sure the young person has legal representation and has been given a Statement of Rights
• schedule and hold one or more hearings at the Youth Court for each application (including making sure the young person can attend)
• arrange for the young person to be assessed if the Court makes an Assessment Order
• receive and consider the Assessment Report and Treatment and Care Plan
• arrange for the young person to receive treatment if the Court believes the threshold has been met for a Treatment Order.

Appeals, adjournments and other delays can extend this timeframe.

The person who originally applied for the Youth Treatment Order can apply to the Youth Court to vary or revoke the order. This can be done by submitting Form YTO2 to the Youth Court in hard copy or electronically via email to youthcourt@courts.sa.gov.au.

The young person can also apply to vary or revoke the order if they have the permission of the Youth Court. The Court will only grant this permission if there has been a substantial change in circumstances since the order was made. The young person can seek permission from the Youth Court by submitting Form YTO2A to the Youth Court in hard copy or electronically via email to youthcourt@courts.sa.gov.au.

Youth Treatment Orders are made under Part 7A of the Controlled Substances Act 1984.

Under the Act, the best interests of the child are the paramount consideration.