Northern Territory Second Reading Speeches

[Index] [Search] [Bill] [Help]

VOLATILE SUBSTANCE ABUSE PREVENTION BILL 2004

Bills presented and read a first time.

Ms SCRYMGOUR (Family and Community Services): Mr Acting Deputy Speaker, I move that the bills be now read a second time.

I am delighted to present these bills to parliament. Their purpose is to introduce into the Northern Territory a comprehensive and systematic approach to the prevention and treatment of volatile substance abuse. The clear intent of these bills is that intervention is to take place where volatile substance abuse in occurring.

In the Northern Territory, substance abuse is, undoubtedly, one of the biggest barriers to achieving outcomes in health, education and community safety. The unacceptable levels of harm being suffered, particularly by young people who abuse volatile solvents, is well known. The Select Committee on Substance Abuse in the Community recently released its report Petrol Sniffing in Remote Territory Communities. The report detailed the unacceptably high levels of harm associated with the abuse of volatile substances - harm to the individual who abuses these substances, their families, and to their communities. The report detailed that some 30 remote communities were particularly affected and that there were an estimated 350 chronic sniffers. It particularly highlighted the circumstances of 15 young people from Central Australia who suffered permanent brain damage. The financial costs of looking after people in those circumstances – some $150 000 per year – is an additional and potentially avoidable burden on the community.

The committee received almost 20 submissions about volatile substances. It visited a number of communities and met with agencies and people who are active in the prevention and treatment of volatile substance abuse. The committee's findings and recommendations were informed by this consultative process. These bills have been a long time in the making. On 22 March 2003, acting in my then capacity as chair of the select committee, I submitted a foreword to the committees interim report. In that foreword I said:
From there, we made tackling substance abuse one of the six key priorities in Building Healthier Communities, our framework to providing the best in health and community services. In Building Healthier Communities, a key action item was to explore options of legislative reform to combat petrol sniffing.

Building Healthier Communities was launched at the beginning of this year. In May this year, I presented a report to parliament that outlined the policy position of the government, and the intention of passing legislation along the lines of these bills I am introducing today.

In both my time as the chair of the substance abuse committee and now as the relevant responsible minister, I have visited many communities and met with many organisation to discuss the scourge of petrol sniffing. The crisis and dysfunctions caused by petrol sniffing is so confronting and profound that, regardless of the scale of the problem at any particular community, it is almost always the No 1 priority issue.

Petrol sniffing undermines and offends communal pride like few other negative behaviours. Communities regard volatile substance abuse as something which they themselves must try to address. Community elders, elected representatives, and community members generally have to remain actively involved in setting the standards which will apply in the place where they live. Such standards will need to involve responses to outbreak of abuse, and plans for working collectively to support those people affected by volatile substance abuse problems - the sniffers, their families and their communities. The desire by communities to try to tackle the volatile substance abuse at a local level does not mean that the communities either wish, or have the resources, to effectively meet that challenge in isolation without support. The greater successes will be achieved by communities collaboratively with non-government and government service agencies.

These bills alone will not adequately address the problem. Legislation needs to be complemented by a range of other complementary programs and services. The government is developing such programs and services, and we have announced an additional $10m over the next five years to fund them.

There are other initiatives outside the scope of these bills that can go a long way towards to reducing volatile substance abuse. One of these is increasing the availability of fuel that does not have the same intoxicating effects as standard fuel. Such fuel is available, and we will be working to increase its availability while limiting the availability of intoxicating fuels in areas where volatile substance abuse occurs.

Formal mechanisms already exist where individuals who contemporaneously abuse volatile substances and committee offences are dealt with in the criminal justice system. Outside the criminal justice system, only informal processes exist to intervene where a person is at risk of harm. This legislation remedies that omission. This legislation, plus the funding package already announced, will ensure that communities, police and other agencies are empowered to intervene in various ways when people are at risk of harm through their abuse of volatile substances.

I turn now to the details of the bills. As I have stated, their clear intent is that intervention takes place when volatile substance abuse is occurring. While petrol sniffing is the primary form of volatile substance abuse, these bills also deal with other inhalants such as paint and glue. Intervention sanctioned under the bills could be immediate. A framework is established that will enable a range of actions to be taken in relation to volatile substance abuse.

Firstly, the bills provide for the seizure and disposal by police of volatile substances that are being abused. It allows the relocation to a place of safety, or to the care of responsible adults, of people abusing volatile substances who may pose a risk to the health and safety of themselves or others. Again, under the scheme set up under these bills, the apprehension of sniffers may be undertaken either by members of the Northern Territory Police or by other appropriately authorised persons such as members of the Night Patrol. These bills put in place detailed safeguards in relation to the apprehension process to ensure that the power is used appropriately and in the best interest of the person being apprehended. They provide for examination by a medical practitioner in circumstances of extended apprehension. They provide for the release of a person in protective custody into the care of a responsible adult. Alternatively, they provide for such release when the person no longer poses a risk.

These bills build on the lessons learned about prevention and treatment of volatile substance abuse, both from a Northern Territory standpoint and by reference to interstate and overseas experience. In circumstances where abuse of volatile substances is resulting in neurological, physical or mental harm, the bills allow for the making of orders requiring a long-term process of compelled attendance at assessment sessions, or participation in treatment or rehabilitation programs.

The bills also enable communities to develop enforceable management plans regulating the possession, supply and the use of volatile substances in their local area. Needs, circumstances and resources of communities differ. It is, therefore, imperative to implement a system that can accommodate such differences. To round off the comprehensive scheme provided by the bills, the offence of unlawful supply of volatile substances has been transferred from the Misuse of Drugs Act. It allows for the prosecution of persons for the unlawful supply of volatile substances, and the protection of persons who give information to the police about an offence.

The select committee made 17 recommendations for a whole-of-government approach to petrol sniffing. The recommendations included: meeting the needs of individuals in communities; immediate and long-term harm reduction intervention and treatment strategies; education and skills for all those involved in volatile solvent abuse; prevention and treatment programs in communities; ancillary community programs; data collection and reporting; drug education for remote communities; and cooperative approaches with industry. The bills are consistent with these recommendations.

The bills do not criminalise volatile substance abuse. That was the definite preference of the communities we consulted; it is also my definite preference and that of this government. Criminalising petrol sniffing would be a retrograde step. It would not address the scourge of petrol sniffing. Gaol is not the answer. We are effectively banning petrol sniffing. We are giving police, courts and the communities the power they need to intervene when sniffing occurs. As I said at the beginning of this speech, the primary intention of the bills is to allow for intervention when substance abuse is occurring.

The fact that the bills do not involve criminalisation does not translate in any way into an excuse for crime while under the influence of a volatile substance. Indeed, the bills become almost redundant when a crime has occurred because the police and the court system will proceed under the raft of other legislation and powers that currently exist, which come into play when violence, theft or property damage occurs.

This is quite complex legislation. While there is legislation in other states that does seek to address this issue, no other jurisdiction has so far embarked on the course we are now travelling. This legislation would, indeed, be simple if all it did was send people to prison for sniffing petrol – simple, but stupid. It is complex legislation and it is unique. We have had to walk the fine line between providing for intervention and protecting people's rights.

A lot of work has gone into the drafting of these bills, and my thanks go to those involved from my department, the Department of Justice and Parliamentary Counsel who have worked so hard on working through the issues involved. It has not been easy and I acknowledge the long hours put in.

As I said, this is unique legislation. We have consulted widely and now we are introducing it. The bills will be debated early next year. I encourage those, including members opposite, who may have ideas on how it could be improved, to propose them. However, I say from the outset that we will not be considering criminalisation nor prison sentences. However, if you have ideas that fall within our policy framework, then let us know and we will seek legal advice and consider them.

While a strong and clear legislative framework is vital, the effectiveness of the provisions detailed in the draft bills are dependent on increasing the capacity of existing services through training and additional staff, and on developing new services that are accessible to those communities most affected by volatile substance abuse. Many of the proposed services will be in remote locations, and intensive support will need to be provided to ensure appropriate service standards and duty of care are met and maintained. Government agencies may also be required to facilitate integration of services and referral of clients.

The practical implementation and the mechanics of the proposed legislation, such as guidelines for authorised persons and police procedures, will need to be considered. Assessment tools, referral arrangements and protocols between treatment and rehabilitation services, safe places, health services, and the justice system will be developed and appropriately resourced. Monitoring and review processes will also need to be considered to ensure that agreed and high standards of services are provided at all times to all clients by all agencies.

This legislation provides a whole-of-community response to volatile substance abuse. It meets the identified needs of the communities, and harnesses and strengthens the resources of communities and agencies to respond to the problems associated with abuse of volatile substances.

Lastly, I would like to thank my Cabinet and caucus colleagues who have given me the support required, not only to bring forward these bills, but to allocate the additional $10m. Those who know me know how passionate I am about this issue. Addressing the scourge of substance abuse is one of the reasons I entered politics, and I thank my colleagues for supporting me bringing forward this bill today.

Madam Speaker, I commend the bill to honourable members.

Debate adjourned.

 

[Index] [Search] [Bill] [Help]