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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Monitored Treatment Programs
Bill 2007
A BILL FOR
An Act to provide for properly monitored treatment programs for substance
abuse; to make related amendments to the Anangu Pitjantjatjara
Yankunytjatjara Land Rights Act 1981; the Children's Protection
Act 1993; the Controlled Substances Act 1984; and the
Education Act 1972; and for other purposes.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Interpretation
4 Objects
5 Application of
Act
6 Approval of assessment and treatment services
Part 2—Initial assessment
7 Referral for
initial assessment
8 Report to referral authority
Part 3—Treatment
9 Referral for
treatment
10 Treatment programs
11 Ongoing monitoring and
assessment
12 Reports to referral authority
Part 4—Miscellaneous
13 Matters to be
considered in issuing referrals
14 Release from custody for the purposes of
assessment or treatment
15 Termination of referral
16 Referral following
termination
17 Confidentiality
18 Reports to
Minister
19 Regulations
Schedule 1—Related amendments and transitional
provision
Part 1—Preliminary
1 Amendment
provisions
Part 2—Related amendment to the Anangu
Pitjantjatjara Yankunytjatjara Land Rights
Act 1981
2 Amendment of section
43—Regulations
Part 3—Related amendments to Children's Protection
Act 1993
3 Insertion of Part 3A
Part 3A—Treatment agreements
9A Voluntary
assessment and treatment agreements
Part 4—Related amendments to Controlled Substances
Act 1984
4 Amendment of section
4—Interpretation
5 Substitution of Part 5 Division 6
Division 6—Procedure in relation to simple possession
offences
34 Commissioner of Police to issue requirement for
assessment or treatment
35 Prosecution of simple
possession offences
Part 5—Related amendments to Education
Act 1972
6 Insertion of section
72Q
72Q Voluntary assessment and treatment
agreements
7 Insertion of section 82B
82B Voluntary
assessment and treatment agreements
Part 6—Transitional provision
8 Act only
applies if requirement made after commencement
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Monitored Treatment Programs
Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
approved service means an assessment or treatment service
approved by the Minister for the purposes of this Act in accordance with
section 6;
intervention program manager means a person employed by the
South Australian Courts Administration Authority to have general oversight of
intervention programs and coordinate the implementation of relevant court orders
(and includes a delegate of such person);
referral authority, in relation to a person required to
undergo assessment or treatment, means—
(a) in the case of assessment or treatment required as a condition of a
bail agreement or bond entered into in accordance with a court order—the
intervention program manager;
(b) in the case of assessment or treatment required under any other court
order—the court that made the order;
(c) in the case of assessment or treatment required under an Act or law,
or under the terms of a voluntary agreement entered into under an Act or
law—the person or body with responsibility under the Act or law for
issuing the requirement or entering into the agreement;
substance abuse means alcoholism, drug addiction and any
other form of substance dependancy (whether physical or
psychological).
The objects of this Act are to relieve the burdens placed on families and
the wider community as a result of substance abuse by ensuring—
(a) that proper systems are in place for the assessment and treatment of
persons required under any Act or law to undergo treatment for substance abuse;
and
(b) that treatment programs provided for such persons are adequate and
have as their goal the recovery of the persons undergoing the treatment (rather
than being based on principles of harm minimisation); and
(c) that persons required to attend such treatment receive proper
assistance and support to maximise their chances of successfully completing the
treatment program; and
(d) that proper systems are in place for the ongoing monitoring of persons
required to attend such treatment.
This Act applies to a person if—
(a) the person is required in accordance with a court order to undergo
assessment or treatment for substance abuse (including assessment or treatment
required as a condition of a bail agreement or a bond entered into in accordance
with a court order); or
(b) the person is required under an Act or law, or under the terms of a
voluntary agreement entered into under an Act or law, to undergo assessment or
treatment for substance abuse.
6—Approval
of assessment and treatment services
(1) A person who provides an assessment or treatment service for substance
abuse may apply to the Minister for approval of the service for the purposes of
this Act.
(2) The Minister must not grant an approval under this section in respect
of an assessment or treatment service unless satisfied that the service is
capable of providing assessments or treatment in accordance with the
requirements of this Act.
(3) An approval of the Minister under this section—
(a) must be in writing; and
(b) may be subject to such conditions as the Minister thinks
fit.
(4) The Minister may, by notice in writing to a person who provides an
approved service—
(a) vary or revoke any of the conditions of the approval, or impose
further conditions; or
(b) revoke the approval.
7—Referral
for initial assessment
(1) Where this Act applies to a person, the referral authority must refer
the person to an approved service for assessment and give the person a notice
that sets out particulars of the date, place and time at which the person must
attend the service.
(2) A copy of the referral notice must be forwarded to the approved
service.
(3) On a person being referred to an approved service, the service must
proceed to carry out and complete its initial assessment as expeditiously as
reasonably practicable.
(4) For the purposes of carrying out the assessment, the approved service
may, by notice in writing given personally or by post, require the person to do
any of the following:
(a) give written consent to—
(i) the release of the person's medical and other treatment records to the
service and to any other approved service that is to provide treatment to the
person in accordance with this Act; and
(ii) the release to the service of—
(A) records held by or on behalf of an approved service or any agency or
instrumentality of the Crown relating to previous assessments of or treatment
provided to the person under this Act; and
(B) the person's criminal record (ie, record of any convictions recorded
against the person);
(b) submit to any testing or physical examinations;
(c) attend interviews, by the service or by any other person, to determine
whether the person is experiencing physical, psychological or social problems
connected with substance abuse and, if so, to determine the treatment (if any)
appropriate for the person.
8—Report
to referral authority
(1) On completion of the initial assessment of a person, the approved
service must provide a report to the person and to the referral authority on the
results of the assessment.
(2) A report under this section must—
(a) specify whether or not treatment is recommended; and
(b) if treatment is recommended, set out a treatment plan for the person
in accordance with the requirements of this Act; and
(c) comply with guidelines (if any) issued by the Minister for the
purposes of this section.
(1) If a report provided to a referral authority under section 8
recommends that a person undergo treatment for substance abuse, the referral
authority may refer the person to an approved service for treatment and give the
person a notice that sets out particulars of the date, place and time at which
the person must attend the service.
(2) A copy of the referral notice and the report provided under
section 8 must be forwarded to the approved service.
(3) On a person being referred to an approved service, the service must
arrange a treatment program for the person in accordance with the
recommendations contained in the report.
(4) For the purposes of the treatment program, the approved service may,
by notice in writing given personally or by post, require the person to do any
of the following:
(a) give written consent to—
(i) the release of the person's medical and other treatment records to the
service and to any other approved service that is to provide treatment to the
person in accordance with this Act; and
(ii) the release to the service of—
(A) records held by or on behalf of an approved service or any agency or
instrumentality of the Crown relating to previous assessments of or treatment
provided to the person under this Act; and
(B) the person's criminal record (ie, record of any convictions recorded
against the person);
(b) submit to testing (including blood, saliva, urine or hair follicle
testing) or physical examinations;
(c) attend interviews, counselling sessions or programs of an educative,
preventive or rehabilitative nature, provided by the service or by any other
person, to deal with—
(i) any physical, psychological or social problems connected with
substance abuse; or
(ii) any other matters that will, in the opinion of the service, assist
the person to overcome any personal problems that may tend to lead, or that may
have led, to the substance abuse.
A treatment program provided by an approved service in accordance with a
referral under this Act must—
(a) be for a period specified by the referral authority in the referral
notice (being a period of not less than 15 months); and
(b) be designed to assist the person to recover from the substance abuse
by supporting abstinence from the substance and addressing the underlying causes
of the substance abuse; and
(c) include requirements relating to ongoing monitoring and assessment in
accordance with section 11.
11—Ongoing
monitoring and assessment
An approved service must, during the period of a person's treatment
program, take reasonable steps to monitor the progress of the person in that
treatment and in particular to monitor whether or not the person is abstaining
from substance abuse (and must issue appropriate requirements under
section 9(4) for that purpose).
12—Reports to
referral authority
(1) Following the completion of the treatment program, the approved
service must provide a report to the person and to the referral authority on the
results of the treatment.
(2) A report under this section must comply with guidelines (if any)
issued by the Minister for the purposes of this section.
13—Matters to be
considered in issuing referrals
In referring a person to an approved service under this Act, the referral
authority must consider the following matters:
(a) whether the approved service is the most appropriate service to which
the person could be referred having regard to the purpose of the referral and
the nature of the substance abuse (or suspected substance abuse);
(b) whether the person being referred requires access to child care
facilities and whether the approved service is able to provide such
facilities;
(c) the location of the approved service in relation to the person's usual
place of residence and whether the person will be reasonably able to obtain
transport to attend the service;
(d) in relation to a referral for treatment—whether the approved
service has treatment facilities and programs of a kind recommended for the
person in the assessment report provided under section 8;
(e) any other matters the referral authority considers relevant.
14—Release from
custody for the purposes of assessment or treatment
If a person who is in custody is required, by notice under this Act, to
attend an approved service or any other place for assessment or treatment in
accordance with this Act, the manager of the place in which the person is being
detained must cause the person to be brought to the service or other place as
required by the notice.
(1) An approved service must, by notice in writing to the person given
personally or by post, terminate a person's referral to the
service—
(a) if the person fails, without reasonable excuse, to attend the service
in accordance with the referral notice or with any other notice requiring the
person to attend; or
(b) if at any time during the assessment or treatment it becomes apparent
to the service that—
(i) it would not, in the circumstances, be appropriate to require the
person to undergo the assessment or to continue with the treatment program;
or
(ii) the person does not want the service to deal with the
matter.
(2) An approved service may, by notice in writing to the person given
personally or by post, terminate a person's referral to the
service—
(a) if the person hinders, or does not cooperate with, the service in
carrying out the assessment or in providing the treatment program; or
(b) if the person, without reasonable excuse, refuses or fails to comply
with a requirement issued by the approved service in accordance with
section 7(4) or section 9(4); or
(c) if the person refuses to comply with the court order or other
requirement in respect of which the referral was made.
(3) A notice of termination under this section must set out a short
statement of the service's reasons for the termination.
(4) The service must give a copy of the notice of termination to the
referral authority.
16—Referral
following termination
(1) On termination of a referral under section 15, the referral
authority may, if it considers it appropriate in the circumstances, refer the
person to another approved service to continue the assessment or treatment (as
the case may be).
(2) If a person is referred to an approved service for assessment or
treatment under this section the following provisions apply:
(a) subject to this subsection, this Act applies to the referral as if it
were—
(i) in the case of a referral for assessment—a referral under Part
2; or
(ii) in the case of a referral for treatment—a referral under Part
3;
(b) a copy of the termination notice must be provided to the approved
service (in addition to any other documents required under this Act to be
provided to an approved service following referral of a person);
(c) in the case of a referral for treatment—the referral authority
may, despite section 10(a), specify that the treatment program is to be for
a period of less than 15 months if the referral authority thinks that would
be appropriate, taking into account any period during which the person underwent
treatment in accordance with the terminated referral.
A person who is, or has been, engaged in duties related to the
administration of this Act must not disclose information relating to a person
referred for assessment or treatment under this Act, being information obtained
in the course of those duties, unless the disclosure is made—
(a) in the administration of this Act; or
(b) as authorised or required by law; or
(c) with the consent of the person to whom the information
relates.
Maximum penalty: $10 000.
(1) An approved service must, on or before 30 September in each year,
prepare and deliver to the Minister a report on the operations of the approved
service during the previous financial year.
(2) The Minister must, within 12 sitting days after receiving a
report under this section, cause a copy of the report to be laid before both
Houses of Parliament.
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting subsection (1), regulations may be made
empowering the Minister to require the provision of reports, statements,
documents or other forms of information from approved services in connection
with the administration or operation of this Act.
Schedule 1—Related
amendments and transitional provision
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Related amendment to the Anangu
Pitjantjatjara Yankunytjatjara Land Rights
Act 1981
2—Amendment of
section 43—Regulations
Section 43(10)—delete "or participate in a rehabilitation programme
prescribed by the by-laws" and substitute:
for substance abuse (within the meaning of the Monitored Treatment
Programs Act 2007)
Part 3—Related amendments to Children's
Protection Act 1993
After Part 3 insert:
Part 3A—Treatment agreements
9A—Voluntary assessment and treatment
agreements
(1) A guardian of a child and the Minister may—
(a) enter into an agreement (an assessment agreement) under
which the guardian is required to undergo assessment for substance abuse;
or
(b) enter into an agreement (a treatment agreement) under
which the guardian is required to undergo treatment for substance
abuse.
(2) An assessment or treatment agreement—
(a) must be in writing; and
(b) may be terminated at any time—
(i) by the guardian who is a party to the agreement, by notice in writing
to the Minister; or
(ii) by agreement between the parties to the agreement; or
(iii) if the Minister is satisfied that the guardian is unable or
unwilling to comply with the agreement—by the Minister, by notice in
writing to the guardian who is a party to the agreement.
(3) In this section—
substance abuse has the same meaning as in the Monitored
Treatment Programs Act 2007.
Part 4—Related amendments to Controlled
Substances Act 1984
4—Amendment of
section 4—Interpretation
Section 4(1), definition of simple possession
offence—delete the definition and substitute:
simple possession offence means an offence against
section 33L;
5—Substitution of
Part 5 Division 6
Part 5 Division 6—delete Division 6 and substitute:
Division 6—Procedure in relation to simple
possession offences
34—Commissioner of Police to issue requirement for
assessment or treatment
(1) If a person is alleged to have committed a simple possession offence,
the Commissioner of Police must issue to the person a notice in writing
requiring the person to undergo assessment for substance abuse (and must refer
the person for such assessment in accordance with the Monitored Treatment
Programs Act 2007).
(2) The issue of a notice under subsection (1) operates as a stay of
proceedings (if any) for the alleged offence.
(3) If a report provided to the Commissioner of Police on the results of
the assessment under the Monitored Treatment Programs Act 2007
recommends that the person undergo treatment for substance abuse, the
Commissioner of Police must issue to the person a notice in writing requiring
the person to undergo treatment for substance abuse (and must refer the person
for such treatment in accordance with the Monitored Treatment Programs
Act 2007).
(4) If the Commissioner of Police issues a notice to a person under
subsection (3)—
(a) any complaint laid against the person for the alleged simple
possession offence must be withdrawn; and
(b) the person must, if remanded in custody for the alleged simple
possession offence but not otherwise subject to detention, be released from
detention or, if on bail for the offence, the bail agreement must be
discharged.
(5) In this section—
substance abuse has the same meaning as in the Monitored
Treatment Programs Act 2007.
35—Prosecution of simple possession
offences
(1) A prosecution for a simple possession offence alleged to have been
committed by a person cannot proceed unless the person has been referred for
assessment or treatment in accordance with the Monitored Treatment Programs
Act 2007 and the referral for assessment or treatment has been
terminated in accordance with that Act.
(2) The fact that a person alleged to have committed a simple possession
offence participates in an assessment or treatment in accordance with this
Division does not constitute an admission of guilt, and will not be regarded as
evidence tending to establish guilt, in relation to the alleged
offence.
(3) If the referral of a person is terminated under the Monitored
Treatment Programs Act 2007, evidence—
(a) of anything said or done by the person in the course of being assessed
or treated in accordance with the referral; or
(b) of the reasons for the termination,
is not admissible in any proceedings against the person for the alleged
offence.
(4) On the completion by a person of a treatment program in accordance
with a requirement under section 34(3), the person is immune from
prosecution for the alleged offence to which the requirement related.
Part 5—Related amendments to Education
Act 1972
After section 72P insert:
72Q—Voluntary assessment and treatment
agreements
(1) The head teacher of a registered non-Government school and a student
enrolled at the school, or a parent of such a student, may—
(a) enter into an agreement (an assessment agreement) under
which the student is required to undergo assessment for substance abuse;
or
(b) enter into an agreement (a treatment agreement) under
which the student is required to undergo treatment for substance
abuse.
(2) An agreement under subsection (1) may only be entered into by the
student if he or she is of or over 16 years of age.
(3) An assessment or treatment agreement—
(a) must be in writing; and
(b) may be terminated at any time—
(i) by the student or parent who is a party to the agreement, by notice in
writing to the Minister; or
(ii) by agreement between the parties to the agreement; or
(iii) if the head teacher is satisfied that the student is unable or
unwilling to comply with the agreement—by the head teacher, by notice in
writing to the student or parent who is a party to the agreement.
(4) In this section—
substance abuse has the same meaning as in the Monitored
Treatment Programs Act 2007.
After section 82A insert:
82B—Voluntary assessment and treatment
agreements
(1) The head teacher of a Government school and a student enrolled at the
school, or a parent of such a student, may—
(a) enter into an agreement (an assessment agreement) under
which the student is required to undergo assessment for substance abuse;
or
(b) enter into an agreement (a treatment agreement) under
which the student is required to undergo treatment for substance
abuse.
(2) An agreement under subsection (1) may only be entered into by the
student if he or she is of or over 16 years of age.
(3) An assessment or treatment agreement—
(a) must be in writing; and
(b) may be terminated at any time—
(i) by the student or parent who is a party to the agreement, by notice in
writing to the Minister; or
(ii) by agreement between the parties to the agreement; or
(iii) if the head teacher is satisfied that the student is unable or
unwilling to comply with the agreement—by the head teacher, by notice in
writing to the student or parent who is a party to the agreement.
(4) If an assessment or treatment agreement is terminated in accordance
with subsection (3), the head teacher of the school may exclude the student
from attendance at the school for a period specified by the head teacher if the
head teacher believes on reasonable grounds that the student is likely to engage
in, or continue to engage in, substance abuse.
(5) However—
(a) a student cannot be excluded from attendance at the school under
subsection (4) on any one occasion for—
(i) less than 4 consecutive weeks, unless the exclusion is for
the remainder of the school term during which the student is excluded and that
period is less than 4 weeks; or
(ii) more than—
(A) 10 consecutive weeks; or
(B) the remainder of the school term or, in the case of a student above
compulsory school age, semester,
(whichever is the longer period); and
(b) a student cannot, without the authorisation of the Director-General,
be excluded from attendance at the school under subsection (4) for more
than 20 weeks in a calendar year.
(6) The regulations may make further provision in relation to the
exclusion of a student under subsection (4).
(7) In this section—
substance abuse has the same meaning as in the Monitored
Treatment Programs Act 2007.
Part 6—Transitional provision
8—Act only applies
if requirement made after commencement
This Act only applies to a person if—
(a) the person is required in accordance with a court order made after the
commencement of this Act to undergo assessment or treatment for substance abuse
(including assessment or treatment required as a condition of a bail agreement
or a bond entered into in accordance with a court order made after the
commencement of this Act); or
(b) the person is required under an Act or law, or under the terms of a
voluntary agreement entered into under an Act or law, to undergo assessment or
treatment for substance abuse and that requirement is made, or agreement is
entered into, after the commencement of this Act.