Australian Capital Territory Numbered Acts

INTOXICATED PERSONS (CARE AND PROTECTION) (NO 85 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Intoxicated Persons (Care and Protection) Act 1994.  

   PART II--INTOXICATED PERSONS DETENTION OF INTOXICATED PERSONS

   7.      A carer shall, on the admission of an intoxicated person to a licensed place, inform the person—  
   8.      A licensee shall ensure that an intoxicated person admitted to a licensed place has access to facilities, and adequate opportunity, to contact a responsible person or other appropriate person.  
   9.      If an intoxicated person who, in the opinion of a carer, is a danger to himself, herself, another person or property leaves, or is about to leave, the licensed place, a carer shall notify the police.  
   10.     If a carer at a licensed place is satisfied that an intoxicated person requires, or may require, medical treatment, the carer shall arrange for the intoxicated person to be transferred to the emergency department of a hospital.  
   11.     A licensee shall not allow a person admitted to a licensed place to remain at the place for more than 12 hours.  
   12.     Nothing in this Act shall be taken to authorise the provision of care to a person at a licensed place if the person objects to being provided with that care.  
   13.     No action, suit or proceeding lies against a person who is or has been a licensee or carer in relation to any act done or omitted to be done by that person as licensee or carer in good faith for the performance or exercise, or purported performance or exercise, of a function or power for the purposes of this Act or another law of the Territory.  

   PART III--LICENCES

   14.     A person shall not provide a caring service unless licensed to do so.  
   16.     (1) On receiving an application in accordance with section 15 the Minister may grant the applicant a licence to provide a caring service if satisfied that—  
   17.     A licence is subject to the conditions imposed by or under this Division.  
   19.     A licensee shall maintain a prescribed policy or policies of insurance.  
   23.     (1) The Minister may, subject to this section, cancel a licence in relation to a licensed place on any of the following grounds:  
   25.     (1) A licensee shall, within 14 days after receiving notice under subsection 34 (1) of the cancellation of the licence in relation to a place specified in the licence, return the licence to the Minister.  
   26.     A person whose licence has been cancelled in relation to all the places specified in the licence shall not, without reasonable excuse, fail to return the licence to the Minister.  

   PART IV--INSPECTION INSPECTORS

   29.     (1) An inspector may, at any reasonable time, enter a licensed place and—  
   30.     (1) A person shall not, without reasonable excuse, obstruct or hinder an inspector acting under section 29.  

   PART V--STANDARDS MAKING STANDARDS

   32.     A standard made under section 31 is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.  

   PART VI--APPEALS TO ADMINISTRATIVE APPEALS TRIBUNAL

   34.     (1) Where the Minister makes a decision—  
   35.     Application may be made to the Administrative Appeals Tribunal for a review of a decision referred to in section 34.  

   PART VII--MISCELLANEOUS CONFIDENTIALITY

   36.     (1) A person shall not, otherwise than for the purposes of this Act or as required by law, make a record of or divulge or communicate to any person any information or document, being information or a document that the first-mentioned person acquired under or by virtue of this Act.  
   37.     The Minister may, by instrument, approve a person or body as a provider of first aid courses for the purposes of this Act.  
   38.     The Executive may make regulations for the purposes of this Act.