Northern Territory Second Reading Speeches

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


VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009

Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to commend the
Volatile Substance Abuse Prevention Act 2006 to streamline the administrative and corporate processes that provide for assessment and compulsory treatment for people at extreme risk as a result of their volatile substance abuse; to broaden the definition of what constitutes a treatment program, to be more responsive to a broader range of clients’ needs, and to extend treatment orders from eight weeks up to 16 weeks.

When the
Volatile Substance Abuse Prevention Act was introduced in 2006 it was the first of its kind in Australia, and remains the only comprehensive legislative approach to volatile substance abuse in the country.

The act was developed through extensive consultation with those communities disproportionately affected by volatile substance abuse, and informed by the work of the Northern Territory Select Committee on Substance Abuse in the Community.


One of the most debated and contentious parts of the legislation was the arrangements for people to be referred for an assessment for court mandated treatment. At the time, there was an untested approach to volatile substance abuse with some outspoken critics who objected to the implied erosion of personal freedoms. The act was therefore drafted with a number of safeguards in the form of multiple approvals from the appropriately response from minister, with treatment orders being limited to eight weeks, and with treatment to be defined as one of the handful of nominated residential treatment facilities.


Three years on, it is apparent the concerns which drove this strong public debate are no longer of such primary concern, so much so that some of the strongest opponents to this legislation and, indeed, members of the opposition, are now calling for compulsory treatment arrangements for people with chronic alcohol problems; they have responded to
Volatile Substance Abuse Prevention Act.

It is also evident the numbers of requests for assessment for court ordered
treatment far exceeded that anticipated at commencement, with over 265 referrals received to date, all of which require verification, assessment and approval, or otherwise, to proceed to form an assessment.

The amendments proposed aim to expedite and streamline this part of the act by assigning the powers and functions currently assigned to me in part 3 of the
Volatile Substance Abuse Prevention Act 2006, to the Chief Health Officer of the Northern Territory. This is the responsibility, I believe, aligns well with the health professional responsibilities of the role.

The bill also requires an arrangement for assisted clients and making application for corporate treatment orders to proposed amendments to section 33 and 34. The multiple approval steps of the act require a separate approval processes to (1) contact the assessment, and (2) apply for the corporate treatment order to be collapsed into a seamless process for approval by the Chief Health Officer, subject to approved assessment guidelines.


Of the 265 referrals, 43 applications have proceeded to the court for consideration for a treatment order. Courts are guided by the assessment information of client’s needs and the available treatment options in the community. Clients before the court are invariably complex, with a multitude of health and social issues that require support as part of addressing their volatile substance abuse. The bill will allow for a broader range of assessments to be considered and to broaden the definition of treatment to include a range and mix of therapeutic, health, diversionary, education and residential options.


The proposed section 41 amends the period of the order to provide for the option of making orders for up to 16 weeks. The effect of the amendment will be to allow for longer order periods and a broader range of treatment services and options, to be able to be considered to meet the diverse needs of those being referred. The primary consideration of the court in considering applicability of a treatment order continues to be the protection of the person at risk.


There are also revised arrangements for when orders need to be varied or amended, as has been required on some occasions and in some circumstances. In applying the act, there has been some identified ambiguities in sections 37 and 38 relating to the notice of application and the hearing of the application. It is proposed to amend these sections to be more explicit about the sharing of confidential assessment reports and documentation, and the obligation of the person for whom the application is made is to attend the hearing.


In summary, this bill aims to ensure that the compulsory treatment provisions in the
Volatile Substance Abuse Prevention Act are as streamlined and responsive as possible, while still ensuring an appropriate level of checks and balances. The bill ensures a contemporary approach to volatile substance abuse which responds to identified needs of people at high risk.

Madam Speaker, I commend the bill to honourable members and table the explanatory statement accompanying this bill.


Debate adjourned.


 


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