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This is a Bill, not an Act. For current law, see the Acts databases.
Drugs, Poisons and Controlled Substances
Amendment (Medically Supervised Injecting
Centre) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Secretary may authorize person to carry out functions of
authorized officer 3
6 Inspections 3
7 New Part IIA inserted 4
8 List of licences and permits 23
9 Evidentiary 23
10 Regulations 24
11 General regulations 24
12 Repeal of amending Act 24
═════════════
Endnotes 25
1 General information 25
i
Drugs, Poisons and Controlled
Substances Amendment (Medically
Supervised Injecting Centre) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Drugs,
Poisons and Controlled Substances Act 1981 to
provide for the licensing, for a trial period and at a
single specified site, of the operation of a single
medically supervised injecting centre for certain
kinds of drugs of dependence.
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Drugs, Poisons and Controlled Substances Amendment (Medically
Supervised Injecting Centre) Act 2017
No. of 2017
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 October 2018, it comes into
operation on that day.
3 Principal Act
In this Act, the Drugs, Poisons and Controlled
Substances Act 1981 is called the Principal Act.
4 Definitions
In section 4(1) of the Principal Act insert the
following definitions--
"child, in Part IIA, means a person under 18 years
of age;
director, in relation to the licensed medically
supervised injecting centre, has the meaning
given in section 55B;
injecting centre drug means a drug of
dependence, or a class of drug of
dependence, prescribed as an injecting
centre drug;
internal management protocols, in Part IIA,
means the protocols approved under
section 55E by the Secretary, as in force
from time to time;
licensed medically supervised injecting centre
means the facility for which the medically
supervised injecting centre licence is issued;
medically supervised injecting centre licence
means the licence issued under section 55C;
permitted quantity of injecting centre drug means
a prescribed amount of an injecting centre
drug;
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permitted site means the land described in
Vol. 09195 Fol. 045;
staff means--
(a) in relation to the licensed medically
supervised injecting centre, the persons
engaged (whether under contracts of
employment, or as volunteers, or
otherwise) to provide services for the
centre; and
(b) in relation to the permitted site, the
persons engaged (whether under
contracts of employment, or as
volunteers, or otherwise), to provide
services for any facility that is located
at the permitted site, including at the
licensed medically supervised injecting
centre;
supervisor, in relation to the licensed medically
supervised injecting centre, has the meaning
given in section 55B;".
5 Secretary may authorize person to carry out
functions of authorized officer
After section 41(4) of the Principal Act insert--
"(5) Without limiting subsection (1), an authority
under that subsection may be limited to the
exercise and performance of powers, duties,
and functions of an authorized officer for the
purposes of Part IIA and any regulations
made for the purposes of that Part.".
6 Inspections
Before section 42(1)(b) of the Principal Act
insert--
"(ad) if a medically supervised injecting centre
licence has been issued, enter upon the
permitted site and the licensed medically
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Drugs, Poisons and Controlled Substances Amendment (Medically
Supervised Injecting Centre) Act 2017
No. of 2017
supervised injecting centre to ascertain
whether Part IIA, the regulations made for
the purposes of that Part, the medically
supervised injecting centre licence and the
internal management protocols are being
complied with and exercise any powers
under this section;
Note
See also section 50 in relation to immunity of
authorized officers.".
7 New Part IIA inserted
After Part II of the Principal Act insert--
"Part IIA--Trial of medically
supervised injecting centre
Division 1--Preliminary
55A Object
The object of this Part is to provide for the
trial of a medically supervised injecting
centre as part of a scheme that aims--
(a) to reduce the number of avoidable
deaths and the harm caused by
overdoses of drugs of dependence; and
(b) to deliver more effective health services
for clients of the licensed medically
supervised injecting centre by
providing a gateway to health and
social assistance which includes drug
treatment, rehabilitation support, health
care, mental health treatment and
support and counselling; and
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No. of 2017
(c) to reduce attendance by ambulance
services, paramedic services and
emergency services and attendances at
hospitals due to overdoses of drugs of
dependence; and
(d) to reduce the number of discarded
needles and syringes in public places
and the incidence of injecting of drugs
of dependence in public places in the
vicinity of the licensed medically
supervised injecting centre; and
(e) to improve the amenity of the
neighbourhood for residents and
businesses in the vicinity of the
licensed medically supervised injecting
centre; and
(f) to assist in reducing the spread of
blood-borne diseases in respect of
clients of the licensed medically
supervised injecting centre including,
but not limited to, HIV and hepatitis C.
55B Meaning of director and supervisor of
licensed medically supervised injecting
centre
(1) For the purposes of this Act, a registered
medical practitioner is the director of the
licensed medically supervised injecting
centre if--
(a) the practitioner is appointed by the
licensee to--
(i) oversee the centre's operations
generally; and
(ii) ensure compliance with the
internal management protocols;
and
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(iii) ensure compliance with the
conditions imposed on the
medically supervised injecting
centre licence; and
(b) no other registered medical practitioner
is appointed by the licensee to perform
that role; and
(c) the practitioner is not a supervisor.
(2) For the purposes of this Act, a registered
medical practitioner is a supervisor of the
licensed medically supervised injecting
centre--
(a) if the practitioner is appointed by the
licensee or the director to--
(i) oversee the centre's clinical
operations (but not the centre's
operations generally); and
(ii) ensure the adequacy of the clinical
procedures used at the centre; and
(b) whether or not the practitioner
undertakes (and does not only oversee)
any clinical activities at the centre; and
(c) whether or not any other registered
medical practitioner is appointed by the
licensee or the director to perform that
role.
(3) A reference to the director or a supervisor of
the licensed medically supervised injecting
centre includes a reference to a registered
medical practitioner acting in that role--
(a) during any illness or other absence of a
person appointed to that role; or
(b) while there is a vacancy in that role.
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(4) The director, and each supervisor, of the
licensed medically supervised injecting
centre is taken to be a member of the staff of
the licensed medically supervised injecting
centre.
Division 2--Medically supervised
injecting centre licence
55C Medically supervised injecting centre may
be licensed for trial period
(1) The Secretary may issue to an entity a
licence for the purposes of this Part for a
facility at the permitted site.
(2) The medically supervised injecting centre
licence must not be issued unless--
(a) the Secretary has approved, under
section 55E, internal management
protocols for the proposed licensee; and
(b) the Secretary is satisfied that any other
prescribed requirements have been
satisfied.
(3) The Secretary may refuse to issue the
medically supervised injecting centre licence
to an entity for any reason the Secretary
thinks fit.
(4) In issuing the medically supervised injecting
centre licence, the Secretary may impose on
the licence any conditions that the Secretary
thinks fit.
(5) The functions and powers of the Secretary
under this section are not delegable.
55D Only one licence may be issued
Only one medically supervised injecting
centre licence may be issued.
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55E Internal management protocols
(1) For the purposes of determining whether to
issue the medically supervised injecting
centre licence for a facility at the permitted
site, the Secretary must consider whether to
approve draft internal management protocols
that are given to the Secretary by or on
behalf of that entity.
(2) The Secretary may approve the draft internal
management protocols if satisfied that they
are sufficient to support the issuing of the
medically supervised injecting centre
licence.
(3) In determining whether to approve the draft
internal management protocols, the Secretary
must have regard to whether, if the medically
supervised injecting centre licence were
issued for the facility, the draft protocols
would require--
(a) that the centre must have a director; and
(b) that the centre must be under the
supervision of a supervisor at all times;
and
(c) that the centre must be operated so as to
facilitate access or referrals to the
following--
(i) primary health care services
including, but not limited to,
mental health services, medical
consultation and medical
assessment services;
(ii) drug and alcohol treatment
services;
(iii) health education services;
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(iv) opioid substitution treatment
services;
(v) services for testing for
blood-borne diseases and
sexually transmissible diseases;
(vi) services involving a needle and
syringe exchange program; and
(d) that procedures must be established to
enable staff of the centre to ascertain, in
appropriate cases, whether a person
seeking entry to the centre is a child;
and
(e) that the health and safety of staff of the
centre and persons attending the centre
must be protected, having regard to the
design of the centre and the services of
the centre; and
(f) that services must be available and
procedures must be established to
ensure compliance, or the ability to
comply, at or in connection with the
centre with the requirements of--
(i) this Part and the regulations made
for the purposes of this Part; and
(ii) the licence conditions; and
(iii) the internal management
protocols.
(4) With the written approval of the Secretary,
the internal management protocols may be
amended or replaced from time to time.
(5) The internal management protocols are
subject to this Part, the regulations made for
the purposes of this Part and the licence
conditions and, in the case of any
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inconsistency, this Part, the regulations and
the licence conditions prevail.
55F Trial period for licensed medically
supervised injecting centre
(1) The medically supervised injecting centre
licence--
(a) commences on a day specified in the
licence; and
(b) remains in force until a day specified in
the licence unless it is sooner--
(i) surrendered by the licensee; or
(ii) revoked by the Secretary.
(2) The day specified under subsection (1)(b)
must not be more than 24 months after the
day specified under subsection (1)(a).
(3) If satisfied that extending the period of the
medically supervised injecting centre licence
would further the object of this Part, the
Secretary may do so by amending the
licence to change the day specified under
subsection (1)(b) to a day that is not later
than 36 months after the day previously
specified under that provision.
(4) The period may be extended under
subsection (3) only once.
(5) The licensee may surrender the medically
supervised injecting centre licence at any
time after consultation with the Secretary.
55G Notices regarding licence
(1) On issuing the medically supervised
injecting centre licence, the Secretary must
publish in the Government Gazette a notice
that states--
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(a) that the licence has been issued; and
(b) the day specified under
section 55F(1)(a) as the day on which
the licence commences; and
(c) the day specified under
section 55F(1)(b) as the day until
which the licence remains in force.
(2) On extending the period of the medically
supervised injecting centre licence under
section 55F(3), the Secretary must publish
in the Government Gazette a notice that
states--
(a) that the period of the licence has been
extended; and
(b) the day specified in the licence in
accordance with section 55F(3) as the
new day until which the licence
remains in force.
(3) On suspending the medically supervised
injecting centre licence under section 55I, or
revoking the licence under section 55J, the
Secretary must publish in the Government
Gazette a notice that states--
(a) that the licence is suspended or revoked
(as the case requires); and
(b) the day of the suspension or revocation;
and
(c) if the licence is suspended, either--
(i) the period of the suspension set
out in the notice referred to in
section 55I(2)(b); or
(ii) that the licence is suspended until
further notice.
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(4) On reinstating the medically supervised
injecting centre licence following a
suspension of the licence, the Secretary must
publish in the Government Gazette a notice
that states--
(a) that the licence is reinstated; and
(b) the day of the reinstatement.
55H Conditions of medically supervised
injecting centre licence
(1) The medically supervised injecting centre
licence is subject to the following
conditions--
(a) no child is to be admitted to any part of
the licensed medically supervised
injecting centre that is used for the
purpose of the administration of any
injecting centre drug;
(b) the internal management protocols must
be observed at all times;
(c) the licensed medically supervised
injecting centre must be operated in
accordance with this Part and the
regulations made for the purposes of
this Part;
(d) any other prescribed licence conditions;
(e) any other conditions imposed by the
Secretary under section 55C(4) or
55I(2)(c).
(2) The Secretary may vary a condition imposed
under section 55C(4) or 55I(2)(c) with the
agreement of the licensee.
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(3) The Secretary may revoke a condition
imposed under section 55C(4) or 55I(2)(c)
with or without the agreement of the
licensee.
55I Disciplinary action for contravening
licence condition or internal management
protocols
(1) This section applies if the Secretary is
satisfied, whether as a result of the review
under section 55P or otherwise, that--
(a) a condition imposed on a medically
supervised injecting centre licence has
been contravened; or
(b) the internal management protocols have
been contravened.
(2) The Secretary may, as the Secretary
considers appropriate, do all or any of the
following--
(a) issue a written warning or reprimand to
the licensee;
(b) by written notice to the licensee,
suspend the medically supervised
injecting centre licence for a specified
period or until further notice;
(c) by written notice to the licensee,
impose a new condition on the licence;
(d) require the internal management
protocols to be amended or replaced in
accordance with a direction of the
Secretary;
(e) amend the licence;
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(f) vary a condition imposed under
section 55C(4) or paragraph (c).
Note
The Secretary may also revoke the medically
supervised injecting centre licence in these
circumstances--see section 55J.
(3) The suspension of the medically supervised
injecting centre licence does not alter the day
on which the licence ceases to be in force
under section 55F(1)(b).
55J Secretary's power to revoke licence
The Secretary may revoke the medically
supervised injecting centre licence--
(a) if the Secretary is satisfied, whether as
a result of the review under section 55P
or otherwise, that--
(i) the licensee is not a fit and proper
person to hold the licence; or
(ii) the director or another person
concerned in the management of
the licensed medically supervised
injecting centre is not a fit and
proper person to be concerned in
the management of the centre; or
(iii) a condition imposed on a
medically supervised injecting
centre licence has been
contravened; or
(iv) the internal management protocols
have been contravened; or
(v) for any other reason, it is
appropriate to revoke the licence
in the circumstances; or
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(b) by agreement with the licensee; or
(c) for a prescribed reason.
Division 3--Miscellaneous
55K Exemptions from criminal liability and
authorizations for clients of centre
(1) A person who is a client of the licensed
medically supervised injecting centre who
uses, supplies, possesses or administers a
drug of dependence that is an injecting centre
drug in a permitted quantity of injecting
centre drug in the centre is exempt from
liability for an offence against Part V or the
regulations which is constituted by that use,
supply, possession or administration of that
drug of dependence.
(2) A person referred to in subsection (1) is
taken, for the purposes of Part V, to be
authorized by this Act to carry out that
activity.
(3) Nothing in this section exempts a person
referred to in subsection (1), or affects any
condition or obligation imposed on a person
referred to in subsection (1), by or under any
court order, tribunal order or by or under any
other Act or law, including, but not limited
to--
(a) any sentencing order under the
Sentencing Act 1991; or
(b) any parole condition or bail condition;
or
(c) any order under the Crimes (Mental
Impairment and Unfitness to be
Tried) Act 1997; or
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(d) any supervision order or detention
order (including any interim
supervision order or interim detention
order) under the Serious Sex
Offenders (Detention and
Supervision) Act 2009; or
(e) any other prescribed law.
55L Exemptions from criminal liability and
authorizations for licensee and staff
(1) The licensee and each member of the staff of
the licensed medically supervised injecting
centre is exempt from liability for an offence
against Part V or the regulations constituted
by the supply or possession of a drug of
dependence in the centre if the supply or
possession occurs in the operation of the
centre, whether or not the drug of
dependence is an injecting centre drug in a
permitted quantity of that injecting centre
drug.
(2) A person referred to in subsection (1) is
taken, for the purposes of Part V, to be
authorized by this Act to carry out that
supply or possession.
(3) The licensee, each member of the staff at the
permitted site (other than a member of the
staff of the licensed medically supervised
injecting centre), the owner of the permitted
site and each occupier of the permitted site is
exempt from liability for an offence against
Part V constituted by the possession of a
drug of dependence at the site if the
possession--
(a) arises by operation of section 5; and
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(b) occurs in the operation of the centre,
whether or not the drug of dependence
is an injecting centre drug in a
permitted quantity of that injecting
centre drug.
(4) A person referred to in subsection (3) is
taken, for the purposes of Part V, to be
authorized by this Act to carry out that
possession.
55M Police discretions not affected
Nothing in section 55K affects any discretion
a police officer may exercise in relation to
not charging a person with an offence
against Part V for possession of a drug of
dependence which is an injecting centre drug
in a permitted quantity of injecting centre
drug when a person--
(a) is travelling to or from the licensed
medically supervised injecting centre
for the purposes of attending the centre;
or
(b) is in the vicinity of the licensed
medically supervised injecting centre
for the purposes of attending the centre.
55N Exemption from civil liability
(1) This section applies to the following--
(a) the licensee of the licensed medically
supervised injecting centre;
(b) a member of the staff at the permitted
site;
(c) the owner of the permitted site;
(d) an occupier of the permitted site;
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(e) a trustee or a member of a committee of
management or of a board (however
described) of--
(i) the licensee; or
(ii) the owner of the permitted site;
(iii) an occupier of the permitted site.
(2) A person to whom this section applies is not
subject to any civil liability for doing or
omitting to do a thing--
(a) in good faith; and
(b) in carrying out any duty or function in
relation to the operation of the licensed
medically supervised injecting centre;
and
(c) in the case of an act or omission that is
subject to this Part or regulations made
for the purposes of this Part, in
accordance with this Part or those
regulations.
(3) Without limiting subsection (2), that
subsection applies to an act or omission
that--
(a) relates to the supply or possession of a
drug of dependence in the licensed
medically supervised injecting centre,
whether or not the drug of dependence
is an injecting centre drug in a
permitted quantity of that injecting
centre drug; and
(b) satisfies the requirements set out in
subsection (2)(a), (b) and (c).
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(4) Without limiting subsection (2), a member of
the staff at the permitted site who acts, or
fails to act, under this Part or the regulations
made for the purposes of this Part in the
reasonable belief that the act or omission is
in accordance with this Part or those
regulations does not commit--
(a) unprofessional conduct within the
meaning and for the purposes of the
Health Practitioner Regulation National
Law; or
(b) a breach of professional etiquette or
ethics or any other code of conduct.
(5) Subsections (2), (3) and (4) do not apply if
the thing done or omitted to be done was due
to negligence.
(6) Nothing in this section affects any rights or
obligations between a member of the staff at
the permitted site and the person who
engages (whether by employment or
otherwise) the person for that role.
(7) Nothing in this section affects or limits any
Crown immunity that applies to a person
who exercises a power or function under
this Part.
55O Planning permit not required
Nothing in a planning scheme or a planning
amendment under the Planning and
Environment Act 1987 is to be taken to
require a planning permit in relation to the
operation of the licensed medically
supervised injecting centre.
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55P Review of this Part and licensing of
medically supervised injecting centre for
trial period
(1) The Minister must arrange for a review to be
conducted of--
(a) the operation and use of the licensed
medically supervised injecting centre;
and
(b) the extent to which the object of this
Part has been advanced during the
period of the medically supervised
injecting centre licence; and
(c) how this Part and any regulations made
for the purposes of this Part have
operated and whether they require
amendment.
(2) The review--
(a) must be commenced no later than
12 months after the day on which the
medically supervised injecting centre
licence commences; and
(b) may be completed before or after the
licence ceases to have effect.
(3) The Minister is authorised to access, collect,
use and disclose any data or information
required to complete the review subject to--
(a) in the case of health information within
the meaning of the Health Records
Act 2001, the access, collection, use
and disclosure being in accordance with
that Act and the Health Privacy
Principles; and
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(b) in the case of personal information
within the meaning of the Privacy and
Data Protection Act 2014, the access,
collection, use and disclosure being in
accordance with that Act and the
Information Privacy Principles.
(4) The Minister must cause a copy of the
review to be tabled before each House of the
Parliament as soon as practicable after the
review is completed.
55Q Regulations for this Part
(1) The Governor in Council may make
regulations for or with respect to--
(a) prescribing standards for the operation
of the licensed medically supervised
injecting centre;
(b) prescribing the content and use of
internal management protocols;
(c) prescribing a drug of dependence, or a
class of drug of dependence, as an
injecting centre drug;
(d) prescribing permitted quantities of
injecting centre drugs;
(e) prescribing matters relating to the use,
supply, possession or administration of
injecting centre drugs and permitted
quantities of injecting centre drugs;
(f) qualifications or experience of persons
engaged in the operation of the licensed
medically supervised injecting centre,
including, but not limited to, staff of the
centre;
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(g) functions of persons engaged in the
operation of the licensed medically
supervised injecting centre, including,
but not limited to, staff of the centre;
(h) prescribing any other matter or thing
required to be prescribed by this Part or
necessary to be prescribed to give effect
to this Part.
(2) Regulations made under this section--
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place or circumstance; and
(c) may confer powers or discretions or
impose duties on any person or other
entity or on a specified person or other
entity or class of persons or other
entities; and
(d) may provide in a specified case or class
of cases for the exemption of persons,
other entities or things or a class of
persons, other entities or things from
any of the provisions of the
regulations--
(i) whether unconditionally or on
specified conditions; and
(ii) either wholly or to the extent
specified in the regulations.
55R Repeal of this Part and related
amendments
(1) This Part is repealed on the sixth anniversary
of its commencement.
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(2) On the repeal of this Part, the medically
supervised injecting centre licence is
revoked, if it is still in force on that repeal.
(3) On the repeal of this Part--
(a) in section 4(1), the definitions of child,
director, injecting centre drug,
internal management protocols,
licensed medically supervised injecting
centre, medically supervised injecting
centre licence, permitted quantity of
injecting centre drug, permitted site,
staff and supervisor are repealed;
(b) section 41(5) is repealed;
(c) section 42(1)(ad) is repealed;
(d) section 118(8) is repealed;
(e) section 119(eb) is repealed;
(f) section 129(1)(ea) is repealed;
(g) section 132(ua) is repealed.".
8 List of licences and permits
After section 118(7) of the Principal Act insert--
"(8) This section does not apply to a medically
supervised injecting centre licence under
Part IIA.".
9 Evidentiary
After section 119(ea) of the Principal Act insert--
"(eb) a certificate signed by the Secretary that a
facility specified in a certificate was or was
not the licensed medically supervised
injecting centre at a specified date or that an
entity specified in the certificate was or was
not operating the licensed medically
supervised injecting centre on a specified
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date is prima facie evidence of the facts
stated in the certificate;".
10 Regulations
After section 129(1)(e) of the Principal Act
insert--
"(ea) without limiting section 55Q, any matter or
thing required to be prescribed for the
purposes of Part IIA;".
11 General regulations
After section 132(u) of the Principal Act insert--
"(ua) without limiting section 55Q, any matter or
thing required to be prescribed for the
purposes of Part IIA;".
12 Repeal of amending Act
This Act is repealed on 31 October 2019.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Drugs, Poisons and Controlled Substances Amendment (Medically
Supervised Injecting Centre) Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Drugs, Poisons and Controlled Substances Act 1981 to provide for the
licensing, for a trial period and at a single specified site, of the operation
of a single medically supervised injecting centre for certain kinds of drugs
of dependence and for other purposes."
By Authority. Government Printer for the State of Victoria.
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