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Drugs, Poisons and Controlled
Substances Amendment (Pilot Medically
Supervised Injecting Centre) Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1--Preliminary
Clause 1 sets out the purposes of the Bill.
The Bill will amend the Drugs, Poisons and Controlled
Substances Act 1981 to enable the licencing and operation
of a medically supervised injecting centre for a trial period
of 18 months.
Clause 2 provides for the Bill to commence on a day or days to be
proclaimed.
Clause 3 provides that for the purpose of the Bill, the Drugs, Poisons
and Controlled Substances Act 1981 is the Principal Act.
Part 2--Amendment of the Drugs, Poisons
and Controlled Substances Act 1981
Clause 4 inserts Part VIAB of the Drugs, Poisons and Controlled
Substances Act 1981.
Division 1--Preliminary
Division 1 provides for preliminary matters, including definitions, the limited
operation of this Part, the objects of this Part, data collection and review, and
expiry of this Part.
581PM25 1 BILL LC INTRODUCTION 7/2/2017
New section 98A inserts the following definitions into Part VIAB
of the Drugs, Poisons and Controlled Substances Act 1981--
• director, in relation to a licensed injecting centre,
means a medical practitioner appointed as director of
the centre, and includes any other medical practitioner
appointed to act as director of the centre during the
illness or absence of the director or during a vacancy
in the office of the director;
• internal management protocols, in relation to a
licensed injecting centre, means the protocols finalised
for the centre as referred to in section 98G or, if the
protocols are amended or replaced as referred to in
section 98M, the protocols as so amended or replaced;
• licence means a licence in force under this Part;
• licensed injecting centre means the premises that are
the subject of a licence;
• responsible authority means the Secretary and the Chief
Commissioner of Police;
• staff, in relation to a licensed injecting centre,
includes--
(a) all persons engaged to provide services at the
centre, whether under a contract of employment
or otherwise; and
(b) all persons authorised to provide voluntary
assistance at the centre in accordance with
the centre's licence conditions and internal
management protocols.
The employer of a person referred to in paragraph (a)
or (b) is the person by or on whose behalf the person so
referred to is engaged to provide services or authorised
to provide voluntary assistance, as the case requires;
• supervisor, in relation to a licensed injecting centre,
means the director of the centre or a registered medical
practitioner nominated by the director to supervise the
centre;
• trial period means the trial period of 18 months from a
date to be fixed by proclamation as the commencement;
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It is intended that the powers of the responsible authority be
exercised jointly by the Secretary and Chief Commissioner of
Police, or their delegates.
It is intended that a medical practitioner or registered medical
practitioner means a person registered under the Health
Practitioner Regulation National Law to practise in the medical
profession (other than as a student).
New section 98B limits the duration and ambit of Part VIAB and
provides oversight to the responsible authority.
The responsible authority may issue only one licence, in respect
of only one premises, to have effect only during a trial period of
18 months starting on a day to be fixed by proclamation. It is
intended that the date fixed as the commencement date of the
18 month trial period will be the date that the medically
supervised injecting centre opens for operation.
The responsible authority can issue a further licence, so long as
the earlier licence has been revoked or has otherwise ceased to
have effect.
New section 98C outlines the objects of the medically supervised
injecting centre. These are--
• to reduce the number of deaths from drug overdoses;
• to provide a gateway to health and social assistance for
clients of the licensed injecting centre, including drug
treatment, health care and counselling;
• to reduce drug overdose related ambulance attendances;
• to reduce the number of discarded needles and syringes
and the incidence of drug injecting in public places;
• to improve the amenity of the neighbourhood for
residents and traders in the vicinity of the licensed
injecting centre;
• to assist in reducing the spread of blood-borne
diseases, including but not limited to HIV infection
or Hepatitis C.
New section 98D sets out a requirement for the collection of data
and the conduct of a review of the medically supervised injecting
centre by the responsible authority.
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The review is to examine the operation and use of the medically
supervised injecting centre and the extent to which the objects of
Part VIAB have been met.
The review will determine what, if any amendments to
Part VIAB are required. Should the review demonstrate that
the objects of the Part have been advanced, this will assist any
legislated expansion of the trial, or the establishment of
permanent medically supervised injecting centres.
The review of the licenced injecting centre must commence as
soon as practicable after the completion of six months of the trial
period. It does not limit the data set for the review to six months.
A report of the conclusions and recommendations of the review
is to be tabled in each House of Parliament as soon as practicable
after its completion.
The responsible authority is to arrange for the collection of all
data sufficient for the conduct of the review. This section is
framed broadly so as not to limit the responsible authority.
Division 2--Licensing of injecting centres
Division 2 provides for the licensing of the medically supervised injecting
centre.
New section 98F permits the responsible authority to issue a
licence for a medically supervised injecting centre.
New section 98G sets out restrictions on the issue of a licence.
A licence cannot be issued without finalised internal management
protocols and without the responsible authority having regard to
relevant matters, including health and safety, and the Building
Code of Australia.
New section 98H provides that a licence has effect for the period
specified in it, unless sooner surrendered or revoked.
New section 98I provides that a licence is subject to conditions
as may be imposed from time to time by the responsible
authority, either in the licence or a separation order in writing.
No conditions may be added without prior consultation with the
licence holder. This section permits the responsible authority to
be responsive in its ongoing oversight of the centre.
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New section 98J provides the following statutory conditions of a
licence--
• no child is to be admitted to that part of the centre that is
used for the purposes of the administration of any drug
of dependence;
• the centre's internal management protocols are to be
observed at all times.
New section 98K provides for the contravention of Part VIAB
or the regulations. The responsible authority may deal with a
contravention by way of a warning or reprimand, a fine, the
suspension of a licence, or the revocation of a licence.
Division 3--Internal management protocols
Division 3 provides for matters relevant to the establishment of internal
management protocols for the medically supervised injecting centre.
New section 98L provides that the centre must be under the
supervision of a registered medical practitioner at all times.
The centre must provide access or referral to--
• primary health care, including mental health care
services;
• drug and alcohol counselling services;
• health education;
• drug and alcohol detoxification and rehabilitation
services;
• the services of an opioid substitution provider;
• testing for blood-borne and sexually transmitted
diseases; and
• a needle or syringe exchange program.
It is intended that the medically supervised injecting centre be a
gateway to health and social assistance, which will assist clients
of the centre to address dependence and addiction issues and any
underlying or co-occurring health or mental health issues.
Internal management protocols are to be established to ensure
that children are not admitted to the part of the centre used for
the purposes of the administration of a drug of dependence.
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Internal management protocols are to be established to ensure
that the health and safety of staff and users of the centre is
protected.
Internal management protocols are to be established to ensure
that services are available and procedures established to ensure
compliance with the requirements of Part VIAB, the regulations
and the centre's licence conditions.
Division 4--Exemptions from liability
Division 4 provides for exemptions from criminal liability for users of the
medically supervised injecting centre, and for exemptions from criminal and
civil liability for persons engaged in the conduct of the medically supervised
injecting centre.
New section 98N provides exemptions from criminal
liability to users of the medically supervised injecting centre.
The exemptions apply to the offences of possessing (other than
for supply) and using a small quantity of a drug of dependence,
at the centre.
These exemptions do not operate to affect the conditions of any
sentence, or the conditions of bail or parole, to which a person
is subject. For example, a person who is granted bail on the
condition that they do not use a drug of dependence, will be in
breach of that condition of bail, if they use a drug of dependence
at the medically supervised injecting centre.
It remains an offence to possess a drug of dependence outside
of the medically supervised injecting centre. The successful
operation of the centre is therefore contingent on the appropriate
exercise of police discretion. Subsection 98N(4) addresses the
exercise of police discretion in not charging persons travelling to
or from the medically supervised injecting centre, or persons in
the vicinity of the medically supervised injecting centre for the
purposes of attendance at the centre.
It is intended that Victoria Police formulate a written policy
and/or guidelines to address the exercise of police discretion
in relation to users of the medically supervised inject centre.
New section 98O provides exemptions from extended criminal
liability for persons engaged in the conduct of the medically
supervised injecting centre.
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New section 98P provides exemptions from civil liability for
persons engaged in the conduct of the medically supervised
injecting centre.
Division 5--Miscellaneous
Division 5 provides for miscellaneous matters relevant to the medically
supervised injecting centre.
New section 98Q provides an exception from any requirement
to obtain a planning permit in relation to the use of land as a
medically supervised injecting centre.
New section 98R provides for the certification of evidence in
certain circumstances in legal proceedings under Part VIAB of
the Principal Act.
New section 98S provides for the making of regulations in
relation to the medically supervised injecting centre, namely--
• the standards for a medically supervised injecting
centre, including the elaboration of internal
management protocols for a licensed injecting centre;
• the provisions to be observed in the operation of a
medically supervised injecting centre;
• the rules of conduct to be observed by persons using a
medically supervised injecting centre;
• the qualifications of persons engaged in the conduct of a
medically supervised injecting centre; and
• the functions of persons engaged in the conduct of a
medically injecting centre.
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