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This is a Bill, not an Act. For current law, see the Acts databases.
VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009
Serial 71
Volatile
Substance Abuse Prevention Amendment Bill
2009
Mr
Vatskalis
A Bill for an Act to amend the
Volatile Substance Abuse Prevention Act
NORTHERN TERRITORY OF
AUSTRALIA
VOLATILE SUBSTANCE ABUSE
PREVENTION AMENDMENT ACT 2009
____________________
Act No. [ ] of
2009
____________________
Table of
provisions
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2009
____________________
An Act to amend the Volatile
Substance Abuse Prevention Act
[Assented to [ ]
2009]
[Second reading [ ]
2009]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Volatile Substance
Abuse Prevention Amendment Act 2009.
This Act commences on the date fixed by the
Administrator by Gazette notice.
This Act amends the Volatile Substance Abuse
Prevention Act.
Amendment of section 4
(Definitions)
(1) Section 4
omit
Act, unless the contrary intention
appears:
substitute
Act:
(2) Section 4
insert (in alphabetical
order)
applicant, in relation to an
application made under section 36(1) or 37(1) means the Chief Health
Officer or a person to whom the Chief Health Officer has delegated the power to
make the application.
application, for:
(a) Part 3, Division 3 – means an
application made under section 36(1) or 37(1); or
(b) Part 4 – see section
42(1).
area, for Part 4, see
section 42(1).
assessment, see section
34(6).
assessment applicant means a person
who has made an assessment application.
assessment application means an
application made under section 33.
assessment report means a report
mentioned in section 34(1)(c).
assessor means a person appointed to
be an assessor under section 31(1).
authorised officer means a person
appointed to be an authorised officer under section 66 or a police
officer.
Chief Health Officer means the person
holding or occupying the office of Chief Health Officer under section 5 of the
Public Health Act.
community council, for Part 4, see
section 42(1).
council area, for Part 4, see section
42(1).
Court means the Local
Court.
health practitioner means a person who
is registered or enrolled under the Health Practitioners Act as an
Aboriginal health worker, medical practitioner, registered nurse or enrolled
nurse and, in Part 3, includes a person who is registered under that Act as
a psychologist.
informer, for Part 5, Division 2, see
section 54.
offence, for Part 5, Division 2, see
section 54.
person at risk, in relation to an
application or order under Part 3, Division 3, means the person to whom the
application or order relates.
place of safety, for Part 2, Division
3, see section 16.
resident, for Part 4, see section
42(1).
responsible adult,
for:
(a) Part 2, Division 3 – see
section 16; or
(b) Part 3 – means a parent or guardian
of a child at risk of severe harm, or reasonably believed to be at risk of
severe harm, or a person who has custody of such a child.
responsible officer, for Part 2,
Division 4, see section 23.
right or interest in land, for Part 4,
see section 42(1).
senior officer, for Part 2, Division
4, see section 23.
severe harm, in relation to a person,
means any of the following resulting from abuse of a volatile
substance:
(a) physical harm;
(b) neurological harm;
(c) significant deterioration of or damage to the
person's mental condition.
treatment order, see section
41(1).
treatment program, see section
31A(1).
treatment warrant, see
section 41B(2).
Repeal and substitution of section
31
Section 31
repeal, substitute
(1) The Chief Health Officer may, in writing,
appoint a person to be an assessor to make assessments of persons reasonably
believed to be at risk of severe harm and to exercise and perform related powers
and functions under this Part.
(2) An assessor must be:
(a) a health practitioner; or
(b) a person who holds a qualification approved
under subsection (5).
(3) An assessor must exercise and perform his or
her powers and functions in accordance with assessment guidelines issued by the
Chief Health Officer.
(4) Without limiting subsection (3), the assessment
guidelines may specify the practice and procedures to be followed by an assessor
in relation to the following matters:
(a) examining and making an assessment of a
person;
(b) consulting a responsible adult for a child to
whom an assessment application relates;
(c) preparing an assessment report;
(d) making an application for a treatment
warrant.
(5) The Minister may, by Gazette notice,
approve a qualification or class of qualifications for subsection
(2)(b).
(1) A treatment program is a program
of treatment or intervention appropriate for a person at risk of severe
harm.
(2) A treatment program may provide a person at
risk of severe harm with any of the following:
(a) treatment for withdrawal, stabilisation,
rehabilitation or aftercare;
(b) therapeutic, health, diversionary or educational
intervention;
(c) any other type of treatment or intervention
intended to alleviate the severe harm;
(d) a combination of any treatment or intervention
mentioned in paragraphs (a) to (c).
(3) A person at risk of severe harm may participate
in any component of a treatment program:
(a) at a residential facility or any other place;
or
(b) by taking part in a treatment or intervention
that is not specific to a particular place (for example, a diversionary
intervention involving travelling through an area of the
Territory).
Repeal and substitution of Part 3, Divisions 2
and 3
Part 3, Divisions 2 and 3
repeal, substitute
Division
2 Assessment of persons believed to be at risk
33 Assessment
application
(1) This section applies if one of the following
persons reasonably believes a child or adult is at risk of severe
harm:
(a) a police officer or authorised
person;
(b) an employee approved under section
65;
(c) a health practitioner;
(d) a member of the family of the child or adult
believed to be at risk of severe harm;
(e) in relation to a child believed to be at risk of
severe harm – a responsible adult for the child.
(2) The person may apply to an assessor for an
assessment of the child or adult believed to be at risk of severe
harm.
(3) An assessment application:
(a) must be in the form, and include the
information, approved under section 64; and
(b) must be accompanied by all documents in the
person's possession that support the belief that the child or adult is at risk
of severe harm.
(1) If an assessor to whom an assessment
application is made is satisfied the information provided in or accompanying the
application indicates the person to whom the application relates
(the relevant person) is at risk of severe harm, the assessor
must:
(a) examine the person; and
(b) make an assessment of the person;
and
(c) prepare an assessment report about the person
and give it to the Chief Health Officer; and
(d) notify the assessment applicant about whether or
not the person was assessed as being at risk of severe harm.
(2) Despite subsection (1)(a), the assessor may
take the actions mentioned in subsection (1)(b) to (d) without
examining the relevant person if the following circumstances
apply:
(a) it is impracticable to examine the
person;
(b) the assessor received sufficient information
about the person (for example, medical records or police records) to enable the
assessor to make an assessment of the person.
(3) If the assessor makes an assessment of the
relevant person as being at risk of severe harm, the assessment report must
recommend an appropriate treatment program for the person and include the
following details:
(a) each type of treatment or intervention to be
provided by the program;
(b) if applicable – the residential
facility or place at which a particular component of the program is to be
provided.
(4) The assessor may request more information from
the assessment applicant before deciding whether or not to make an assessment of
the relevant person.
(5) If the assessor is satisfied the information
provided by the assessment applicant does not indicate that the relevant person
is at risk of severe harm, the assessor must give the applicant a notice
stating:
(a) the assessor's decision not to make an
assessment of the person; and
(b) the reasons for the decision.
(6) For this section, an assessor makes an
assessment of whether a person is at risk of severe harm by making
a comprehensive assessment of one or both of the following:
(a) the person's condition (which may include the
person's physical, neurological and mental condition);
(b) the person's circumstances (which may include
the circumstances of the person's lifestyle, environment and relationships with
others).
35 Decision after
considering assessment report
(1) As soon as practicable after considering an
assessment report about a person (the relevant person), the Chief
Health Officer must make a decision about whether or not to apply for a
treatment order in relation to the person.
(2) The Chief Health Officer may decide to apply
for a treatment order in relation to the relevant person if satisfied all of the
following circumstances apply:
(a) the person has been assessed as being at risk of
severe harm;
(b) a treatment program has been recommended for the
person;
(c) the person has not participated in a treatment
program since the assessment report was made;
(d) a treatment order will be in the best interests
of the person;
(e) the person cannot be adequately protected from
severe harm in any other way.
(3) If the Chief Health Officer is not satisfied
all of the circumstances mentioned in subsection (2) apply in relation to
the relevant person, the Chief Health Officer:
(a) may decide not to apply for a treatment order in
relation to the relevant person; and
(b) must give the assessor, and the assessment
applicant, a notice stating the decision and the reasons for
it.
Division
3 Matters relating to treatment orders
36 Application
for treatment order
(1) As soon as practicable after making a decision
under section 35 in relation to a person who has been assessed as being at
risk of severe harm, the Chief Health Officer (or a delegate) may apply to the
Court for a treatment order in relation to the person.
(2) The application must be:
(a) in a form approved by the Chief Magistrate;
and
(b) accompanied by the assessment report about the
person at risk.
37 Application for
order in connection with treatment order
(1) During the period a treatment order is in
force, the Chief Health Officer (or a delegate) may apply to the Court for an
order in connection with the treatment order (for example, an order to vary,
extend or revoke the treatment order).
(2) The application must be:
(a) in a form approved by the Chief Magistrate;
and
(b) accompanied by documents in support of the
application.
(1) As soon as practicable after making an
application under section 36(1), the applicant must give notice to the
following persons that the application has been made:
(a) if the person at risk is an adult – the
person at risk;
(b) if the person at risk is a child and the
applicant believes the child is capable of understanding the notice – the
person at risk and a responsible adult for the child;
(c) if the person at risk is a child and the
applicant believes the child is incapable of understanding the
notice – a responsible adult for the child;
(d) the assessor of the person at
risk;
(e) the assessment applicant in relation to the
person at risk, unless the assessment applicant is the responsible adult given
notice under paragraph (b) or (c).
(2) As soon as practicable after making an
application under section 37(1), the applicant:
(a) must give notice of the application to a
relevant person mentioned in subsection (1)(a) to (c); and
(b) may give notice of the application to one or
both of the persons mentioned in subsection (1)(d) and (e), as the applicant
considers appropriate taking into account the nature of the
application.
(3) A notice given under subsection (1) or
(2):
(a) must include information about:
(i) the persons who are required to attend at the
hearing of the application; and
(ii) the persons who are entitled to attend at the
hearing of the application but need not do so; and
(b) must be accompanied by a copy of the application
endorsed with details of the time, date and place of the hearing of the
application.
(4) A notice given under subsection (1) to the
person at risk, or a responsible adult for the person at risk, must be
accompanied by the assessment report about the person at risk.
(5) A notice given under subsection (2)(a)
must be accompanied by each document filed at the Court in support of the
application.
(6) A notice given under this section to an
assessment applicant must not be accompanied by:
(a) any assessment report; or
(b) any other document filed at the Court in support
of the application.
39 Hearing of
application
(1) Unless an order to the contrary is made under
subsection (2), the following persons are required to attend at the hearing
of an application:
(a) the applicant or a person representing the
applicant;
(b) if the person at risk is an adult mentioned in
section 38(1)(a) or a child mentioned in
section 38(1)(b):
(i) the person at risk; or
(ii) a person representing the person at
risk;
(c) if the person at risk is a child mentioned in
section 38(1)(c) – a responsible adult or a person representing
that adult.
(2) The Court may order that a person required by
subsection (1) to attend at the hearing need not attend
if:
(a) the Court has sufficient information to make a
decision without the person's attendance; or
(b) in relation to a responsible adult mentioned in
subsection (1)(c) – the Court is satisfied reasonable investigations
have been made to find such an adult but have been
unsuccessful.
(3) If the person at risk or a responsible adult
does not attend at the hearing because he or she is represented by another
person, the Court may order the person at risk or responsible adult to attend if
the Court requires information from the person or adult.
(4) The following persons are entitled to attend at
the hearing but need not do so unless the Court orders the
attendance:
(a) the assessment applicant in relation to the
person at risk;
(b) the assessor of the person at
risk;
(c) any member of the family of the person at
risk.
(5) Unless the Court orders otherwise, the hearing
must be in closed court.
40 Jurisdiction
and procedure of Court
(1) The Court has jurisdiction in all matters
relating to an application and, in particular, may do any of the
following:
(a) hear and, subject to subsection (4), decide the
application as it sees fit;
(b) adjourn the application;
(c) make the order to which the application relates,
with or without conditions;
(d) refuse to make the order to which the
application relates;
(e) make any other order or give any direction
relevant to the application as the Court considers appropriate, including that
it be provided with further assessment reports or any other reports, opinions or
information about the person at risk.
(2) Subject to this Division and any direction of
the Chief Magistrate, the Court may regulate its own procedure in relation to an
application.
(3) The Court is not bound by the rules of the
Court or rules of evidence but may inform itself in the manner it considers
appropriate.
(4) In deciding an application, the primary
consideration of the Court must be the protection from severe harm of the person
at risk.
(1) A treatment order is an order
made by the Court that the person at risk specified in the order must
participate in a treatment program.
(2) A treatment order must specify the
following:
(a) the person at risk must participate in each
component of the treatment program as specified in the order;
(b) if applicable – the facility or place
at which a particular component of the treatment program will be
provided;
(c) the date on which the order will come into
force;
(d) the period, not exceeding 16 weeks, for
which the order will be in force;
(e) any other matter the Court considers
appropriate.
(3) On application under section 37(1), the
Court may extend a treatment order for a period not exceeding
16 weeks.
41A Application for
treatment warrant
(1) This section applies if a person at risk
specified in a treatment order fails to participate in any component of a
treatment program as specified in the order.
(2) Any one of the following persons may apply, in
the prescribed form, to a magistrate for a treatment warrant in relation to the
person at risk:
(a) an assessor;
(b) an authorised officer;
(c) the Chief Health Officer;
(d) a legal practitioner representing a person
mentioned in paragraphs (a) to (c).
(3) The application may be made:
(a) in person; or
(b) if it is impracticable to apply in
person – by telephone in accordance with the procedure prescribed by
regulation.
41B Issuing treatment
warrant
(1) A magistrate to whom an application under
section 41A(2) is made may issue a treatment warrant in relation to a person at
risk if satisfied:
(a) a treatment order in relation to the person is
in force; and
(b) the person has failed to participate in any
component of the treatment program as specified in the treatment
order.
(2) A treatment warrant is a
document, in the prescribed form, that authorises an authorised
officer:
(a) to enter, at any reasonable time, a place where
the officer reasonably believes the person specified in the warrant may be
found; and
(b) to search the place in order to find the person;
and
(c) to remain at the place for as long as the
officer considers reasonably necessary to find the person; and
(d) if the person is found – to apprehend the
person and take the person to the place specified in the warrant to participate
in the component of the treatment program as specified in the
warrant.
(3) If a magistrate issues a treatment warrant on
application made by telephone, the procedure prescribed by regulation
applies.
(4) A treatment warrant remains in force for the
lesser of the following periods:
(a) 30 days after the day on which it is
issued;
(b) until the relevant treatment order ceases to be
in force.
41C Executing
treatment warrant
(1) In executing a treatment warrant, an authorised
officer:
(a) may use reasonable force and, if necessary,
reasonable assistance; and
(b) must produce the warrant (or a copy of the
warrant) to a person at the place where the warrant is
executed.
(2) A person assisting the authorised officer to
execute a treatment warrant may also use reasonable force in doing
so.
Amendment of section 67
(Delegations)
Section 67(2)
omit, substitute
(2) Each of the following persons may, in writing,
delegate to an employee any of the person's powers or functions under this
Act:
(a) the Chief Executive Officer;
(b) the Chief Health Officer.
Amendment of section 68 (Protection from
liability)
Section 68(1)
omit, substitute
(1) This section applies to a person who is or has
been one of the following:
(a) an employee;
(b) an authorised officer;
(c) a person assisting an authorised officer to
execute a treatment warrant;
(d) an authorised person;
(e) an assessor.
After section 70
insert
Part
8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act
2009
In this Part:
commencement day means the day on
which this section commences.
repealed, in relation to a provision
mentioned in this Part, means the provision of this Act as in force immediately
before the commencement day.
substituted, in relation to a
provision mentioned in this Part, means the provision substituted by the
Volatile Substance Abuse Prevention Amendment Act 2009.
72 Request for
treatment order undecided by Minister
(1) This section applies if:
(a) the Minister received a request under repealed
section 33 to apply for a treatment order in relation to a person believed
to be at risk of severe harm (the relevant person);
and
(b) before the commencement day, the Minister had
not made a decision under repealed section 34 about whether or not to apply
for a treatment order in relation to the relevant person.
(2) Repealed Part 3 continues to apply in relation
to the following matters that are applicable:
(a) an assessment of the relevant
person;
(b) an application for and the issuing of a warrant
to take the relevant person for an assessment;
(c) the decision about whether or not to apply for a
treatment order in relation to the relevant person;
(d) the making and hearing of an application for a
treatment order in relation to the relevant person, the exercise of the Court's
jurisdiction in relation to the application, and the making of a treatment
order.
(3) However, if a treatment order is made in
relation to the relevant person:
(a) the Chief Health Officer may:
(i) apply under substituted section 36(1) for a
further treatment order in relation to the relevant person after the procedures
under substituted Part 3, Division 2, have been followed; or
(ii) apply under substituted section 37(1) for
an order in connection with the treatment order as if the treatment order had
been made under substituted Part 3, Division 3; and
(b) the relevant provisions of substituted
Part 3, Division 3, apply in relation to the application and the further
treatment order or other order mentioned in paragraph (a).
73 Court applications
undecided under repealed provisions
(1) If the Minister made an application under
repealed section 36(1) and the application was not determined before the
commencement day, repealed Part 3, Division 3, continues to apply in relation to
the application.
(2) However, if the Court makes a treatment order
under repealed Part 3, Division 3, for a person at risk:
(a) the Chief Health Officer may:
(i) apply under substituted section 36(1) for a
further treatment order in relation to the person at risk after the procedures
under substituted Part 3, Division 2, have been followed; or
(ii) apply under substituted section 37(1) for
an order in connection with the treatment order as if the treatment order had
been made under substituted Part 3, Division 3; and
(b) the relevant provisions of substituted
Part 3, Division 3, apply in relation to the application and the further
treatment order or other order mentioned in paragraph (a).
The Schedule has effect.
Schedule Further amendments
section
|
Provision
|
Amendment
|
|
omit
|
substitute
|
|
Heading, Part 1
|
Preliminary
|
Preliminary matters
|
|
section 8(1)(a)
|
place;
|
place; or
|
|
sections 17(3)(a) and 20(3)(a)
|
offence;
|
offence; and
|
|
section 23, definition health
practitioner
|
whole definition
|
|
|
Headings, Part 3, Division 1 and Part 4,
Division 1
|
Preliminary
|
Preliminary matters
|
|
section 44(3)(a)
|
writing;
|
writing; and
|
|
section 44(3)(b)
|
applicant;
|
applicant; and
|
|
section 47(1)(a)
|
45(3);
|
45(3); and
|
|
section 48(2)(a)
|
area;
|
area; and
|
|
section 50(3)(a)
|
49(2)(b);
|
49(2)(b); and
|
|
sections 52, 53 and 55(2)
|
Penalty:
|
Maximum penalty:
|
|
section 56(2)(a)
|
identification;
|
identification; or
|
|
section 59(5)(a)
|
person;
|
person; and
|
|
section 59(6)
|
Penalty:
|
Maximum penalty:
|
|
section 60(1)
|
as
|
to be
|
|
section 60(2)(a)(i)
|
2;
|
2; or
|
|
section 61(1)(a)
|
person;
|
person; and
|
|
section 61(2)
|
Penalty:
|
Maximum penalty:
|
|
section 64
|
request for a treatment order under
section 33
|
assessment application
|
|
section 65
|
requests for treatment orders under
section 33
|
assessment applications
|
|
section 66(1)
|
an employee as
|
a person to be
|
|
section 66(2)(a)
|
officer;
|
officer; and
|
|
section 66(3)
|
Penalty:
|
Maximum penalty:
|
|
section 69(3)(a)
|
application;
|
application; and
|
|
section 69(3)(b)
|
circumstance;
|
circumstance; and
|
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