In this Act, unless the context indicates otherwise—

"abuse"

means the sustained or sporadic excessive use of substances and includes any use of illicit substances and the unlawful use of substances;

"aftercare"

means ongoing professional support to a service user after a formal treatment episode has ended in order to enable him or her to maintain sobriety or abstinence, personal growth and to enhance self-reliance and proper social functioning;

"Central Drug Authority"

means the Central Drug Authority established by section 53;

"child"

means a person under the age of 18 years;

"child and youth care centre"

means a "child and youth care centre" as defined in the Children’s Act;

"Children’s Act"

means the Children’s Act, 2005 (Act No. 38 of 2005);

"community-based services"

means services provided to persons who abuse or are dependent on substances and to persons affected by substance abuse while remaining within their families and communities;

"Criminal Procedure Act"

means the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

"Department"

means the Department of Social Development in the national sphere of government;

"detoxification"

means a medically supervised process by which physical withdrawal from a substance is managed through administration of individually prescribed medicines by a medical practitioner in a health establishment, including a treatment centre authorised to provide such a service under the National Health Act;

"Director-General"

means the head of the Department;

"halfway house"

means a public or private halfway house that has been established or registered to provide a sober living environment for service users who have completed a formal treatment programme for substance abuse and require a protected living environment in order to prepare them for reintegration into society;

"health establishment"

means "health establishment" as defined in section 1 of the National Health Act;

"Health Professions Act"

means the Health Professions Act, 1974 (Act No. 56 of 1974);

"HOD"

means a provincial head of department responsible for social development;

"Immigration Act"

means the Immigration Act, 2002 (Act No. 13 of 2002);

"in-patient service"

means a residential treatment service provided at a treatment centre;

"involuntary service user"

means a person who has been admitted to a treatment centre upon being—

for treatment of and rehabilitation for substances;

"local drug action committee"

means the committee established by the municipality to give effect to the National Drug Master Plan;

"magistrate"

includes an additional magistrate and assistant magistrate;

"management structure"

in relation to any treatment centre and halfway house, means the management structure of such treatment centre or halfway house established in terms of section 29;

"MEC"

means the member of the Executive Council responsible for social development in the province;

"medical practitioner"

means "medical practitioner" as defined in section 1 of the Health Professions Act;

"Mental Health Care Act"

means the Mental Health Care Act, 2002 (Act No. 17 of 2002);

"mental health care user"

means "mental health care user" as defined in section 1 of the Mental Health Care Act;

"mental health practitioner"

for the purposes of this Act, means a psychiatrist or registered medical practitioner or a nurse, occupational therapist, psychologist or social worker who has been trained to provide psycho-social, mental health care, treatment and rehabilitation services;

"Mini Drug Master Plan"

means the strategy by national departments, provincial substance abuse forums and local drug action committees that sets out measures to control and reduce the supply of, demand for and harm caused by substances;

"Minister"

means the member of Cabinet responsible for social development;

"National Drug Master Plan"

means the plan referred to section 3(4);

"National Health Act"

means the National Health Act, 2003 (Act No. 61 of 2003);

"out-patient service"

means a non-residential service provided by a treatment centre or halfway house to persons who abuse substances and to persons affected by substance abuse and which is managed for the purposes of providing a holistic treatment service;

"persons affected by substance abuse"

means any member of a family or community not abusing or dependent on substances but who requires services related to substance abuse;

"police official"

means a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995);

"prescribed"

means prescribed by regulation;

"private halfway house"

means a halfway house that is privately owned and registered to provide a sober living environment for service users who have completed a formal treatment programme for substance abuse and who require a protected living environment in order to prepare them for reintegration into society;

"programme"

means activities that give effect to the services defined in this Act;

"public halfway house"

means a halfway house that is owned and financed by the government or an organ of state to provide a sober living environment for service users who have completed a formal treatment programme for substance abuse and who require a protected living environment in order to prepare them for reintegration into society;

"private treatment centre"

means a treatment centre that is privately owned and registered for the treatment and rehabilitation of service users who abuse or are dependent on substances;

"Provincial Substance Abuse Forum"

means the forum established in terms of section 57 by an MEC in order to give effect to the National Drug Master Plan;

"public treatment centre"

means an in-patient or out-patient treatment center that is owned and financed by the government or an organ of state and established for the treatment and rehabilitation of service users who abuse or are dependent on substances;

"regulation"

means a regulation made in terms of section 65;

"rehabilitation"

means a process by which a service user is enabled to reach and maintain his or her own optimal physical, psychological, intellectual, mental, psychiatric or social functional levels, and includes measures to restore functions or compensate for the loss or absence of a function;

"services"

means prevention, early intervention, treatment, reintegration and after care and any other interventions ;

"service user"

means a person who is abusing or dependent on substances and who, following assessment, receives services in a treatment centre, halfway house or community based service;

"social auxiliary worker"

means a person registered and authorised in terms of the Social Service Professions Act;

"Social Service Professions Act"

means the Social Service Professions Act, 1978 (Act No. 110 of 1978);

"social worker"

means any person registered as a social worker under the Social Service Professions Act;

"substances"

means chemical, psychoactive substances that are prone to be abused, including tobacco, alcohol, over the counter drugs, prescription drugs and substances defined in the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992), or prescribed by the Minister after consultation with the Medicines Control Council established by section 2 of the Medicine and Related Substance Control Act, 1965 (Act No. 101 of 1965), and "drugs" in the context of this Act has a similar meaning;

"supply"

means the production and distribution of illicit substances;

"this Act"

includes any regulation;

"treatment"

means the provision of specialised social, psychological and medical services to service users and to persons affected by substance abuse with a view to addressing the social and health consequences associated therewith;

"treatment centre"

means a private or public treatment centre registered or established for the treatment and rehabilitation of service users who abuse or are dependent on substances;

"voluntary service user"

means any service user who—

at a treatment centre or for any other service and has been admitted to such a treatment centre for skills development, treatment of and rehabilitation for substances;

"vulnerable persons"

includes children, youth, older persons, people with disabilities and service users recovering from substance abuse;

"youth"

means "youth" as defined in section 1 of the National Youth Commission Act, 1996 (Act No. 19 of 1996).