VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009

41C Executing treatment warrant
Part 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009

This Act may be cited as the Volatile Substance Abuse Prevention Amendment Act 2009.

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.

(a) Part 3, Division 3 – means an application made under section 36(1) or 37(1); or

assessment applicant means a person who has made an assessment application.

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.

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.

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.

(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.

severe harm, in relation to a person, means any of the following resulting from abuse of a volatile substance:

(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.

(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:

(b) consulting a responsible adult for a child to whom an assessment application relates;

(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:

(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:

(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).

(1) This section applies if one of the following persons reasonably believes a child or adult is at risk of severe harm:

(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.

(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:

(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:

(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:

(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:

(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).

(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:

(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.

(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.

(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).

(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:

(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;

(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.

(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:

(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:

(b) if the person at risk is an adult mentioned in section 38(1)(a) or a child mentioned in section 38(1)(b):

(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:

(1) The Court has jurisdiction in all matters relating to an application and, in particular, may do any of the following:

(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.

(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;

(3) On application under section 37(1), the Court may extend a treatment order for a period not exceeding 16 weeks.

(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:

(d) a legal practitioner representing a person mentioned in paragraphs (a) to (c).

(b) if it is impracticable to apply in person – by telephone in accordance with the procedure prescribed by regulation.

(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:

(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

(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:

(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.

(2) Each of the following persons may, in writing, delegate to an employee any of the person's powers or functions under this Act:

Part 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009

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.

(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:

(b) an application for and the issuing of a warrant to take the relevant person for an assessment;

(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.

(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).

(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:

(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).

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

Northern Territory Bills

VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009