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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 55E

Internal management protocols

S. 55E(1) amended by No. 7/2023 ss 19(4), 35(2).

    (1)     For the purposes of determining whether to issue a medically supervised injecting centre licence to a person 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 person.

S. 55E(2) amended by No. 7/2023 s. 19(4).

    (2)     The Secretary may approve the draft internal management protocols if satisfied that they are sufficient to support the issuing of a medically supervised injecting centre licence.

S. 55E(3) amended by No. 7/2023 s. 19(4).

    (3)     In determining whether to approve the draft internal management protocols, the Secretary must have regard to whether, if a 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;

              (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.

S. 55E(4A) inserted by No. 7/2023 s. 30.

    (4A)     The Secretary, by instrument, may delegate the power to give a written approval under subsection (4) to—

        (a)     a specified person who is employed under Part 3 of the Public Administration Act 2004 ; or

        (b)     each person of a specified class of persons who are employed under Part 3 of that Act.

    (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 inconsistency, this Part, the regulations and the licence conditions prevail.

S. 55EA inserted by No. 7/2023 s. 13.



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