A controversial debate over a proposed drug rehabilitation centre in Tasmania’s north is now before the Supreme Court.
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Christian group Teen Challenge planned to build the centre at the old Meander Primary School site.
The program’s mission statement is “to meet the needs of the whole person to help them to be physically well, socially adjusted, mentally sound, emotionally balanced and spiritually alive”.
The proposal received approval from the Meander Valley Council, but an appeal was lodged by Meander-based company Timber World.
The argument was the council had incorrectly categorised the proposed centre as a health service and did not properly advertise the development application.
The Resource Management and Planning Appeals Tribunal agreed and upheld the appeal in June.
Now, the tribunal decision is being appealed by the Meander Valley Council.
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The civil dispute was before Justice Michael Brett in the Launceston Supreme Court on Wednesday.
Representing the council, lawyer Shaun McElwaine argued the decision made by the tribunal was incorrect.
Mr McElwaine referred specifically to comments by the tribunal chairman who stated Timber World was “correct to draw attention to the religious or spiritual component of the programs because they serve to distinguish the use from activities ordinarily associated with the provision of health services”.
“Yes there’s a strong religious component but that doesn’t mean it’s not a health service,” Mr McElwaine said.
Timber World maintained its argument that the rehabilitation program was not a form of healthcare.
The company’s lawyer, Adam Beeson, said the proposal had not been described correctly and had “the potential to disguise the true nature of the proposal with the result that persons who may have chosen to participate in the planning process, chose not to”.
“It’s not health care,” he said.
“Those delivering the service aren’t qualified.”
Members of Teen Challenge sat in the back of the court as Justice Brett heard submissions – two wore matching shirts with the words ‘I choose success, freedom, significance’ written on the back.
Justice Brett adjourned the matter and is expected to make a decision once he receives further submissions from both parties.