VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009 Explanatory Statement

Northern Territory Explanatory Statements

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VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009

VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT BILL 2009
SERIAL NO. 71

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR HEALTH

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Volatile Substance Abuse Prevention Act commenced in February 2006 and was reviewed two years after initial implementation. The Act provides for immediate intervention for people at risk of harm from volatile substance use, longer term treatment for some people and community management of supply of inhalants at a local level. The experience of the last three years has shown that some of the processes were found to be time consuming and complicated. Assessment and treatment arrangements were limited and some processes were duplicated.

The purpose of this Bill is to address these issues with the aim of providing a clear and effective pathway to assist individuals and communities in their effort to combat volatile substance abuse.

The Bill proposes to streamline the treatment order process (a process by which people at risk of severe harm can be mandated into treatment) by collapsing several steps into a single procedure of evidence based reporting and professional assessments that are submitted to the Chief Health Officer and the Courts. The Bill also transfers the powers under the treatment order sections to the Chief Health Officer rather than the Minister, to expedite assistance to people at risk of harm.

Other changes include extension of treatment options and duration of treatment, clarification of some Court processes and addressing confidentiality issues by removing the need to provide assessment reports to certain persons.

NOTES ON CLAUSES

Part 1 Preliminary

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Volatile Substance Abuse Prevention Amendment Act 2009.

Clause 2. Commencement

This Act will commence on the date fixed by the Administrator by notice in the Gazette.

Clause 3. Act amended

This Act amends the Volatile Substance Abuse Prevention Act.

Clause 4. Amendment of section 4 (Definitions)

The definitions have been updated to reflect the amendments of this
Bill.

Clause 5. Repeal and substitution of section 31

This section has been repealed and substituted with a new section 31.

31 Assessors
An assessor is appointed by the Chief Health Officer to assess people
at risk of severe harm. The Bill proposes that, additional to health
practitioners, the Minister may approve a qualification or class of
qualifications to make assessments.

The new section 31 also provides for assessors to work within
assessment guidelines that are issued by the Chief Health Officer. The
guidelines will specify practices and procedures for assessment,
assessment reports and applications for treatment warrants, including
that assessors may consult a responsible adult in regards to a child to
be assessed.
31A Treatment program
The Bill provides for a new section 31A. It relates to treatment programs
and includes treatment, support or intervention appropriate for a person
at risk of severe harm. It has been expanded to include interventions
such as withdrawal, stabilisation, rehabilitation, aftercare, therapeutic,
health, diversionary or educational programs and any other type of
intervention intended to alleviate the severe harm.

Clause 6. Repeal and substitution of Part 3, Divisions 2 and 3

Part 3, Divisions 2 and 3 have been repealed and substituted with
new Divisions.

Division 2 Assessment of persons believed to be at risk

33 Assessment application
The Bill proposes that people are able to apply for an assessment for
a person at risk in the same manner as under the current Act, however
the amendments specify that an application must have all available
documents in support of an application.

34 Assessment and report
The Bill proposes that an assessor must no longer apply to the Minister
for approval to assess, but the assessor must assess the person,
prepare a report and submit it to the Chief Health Officer. The assessor
must also notify the applicant whether the person has been assessed
as being at risk of severe harm.The Bill further proposes that in a case
where a person cannot be located, but there is sufficient evidence that
the person is at risk, a treatment or intervention program can be applied
for at the local Court. For this reason an assessment warrant to take a
person to an assessment is no longer required and this provision has
been repealed.

35 Decision after considering assessment report
The Bill proposes that the Chief Health Officer must make a decision
whether or not to apply for a treatment order for a person as soon as
practicable after consideration of the assessment report. If the decision
is to not apply for a treatment order the Chief Health Officer must
give notice to the assessor and the person who made the application
for an assessment and state the reasons.

Division 3 Matters relating to treatment orders

Under this section, the Bill includes an emphasises on the time factor
and inserts ‘as soon as practicable’ into all the treatment order
processes. The Bill also amends the wording from ‘the person who
requested the treatment order’ to ‘assessment applicant’.

36 Application for treatment orders
The Bill proposes that the Chief Health Officer may apply to the Court
for a treatment order as soon as practicable after having made the
decision to do so. The application is to be in a form approved by the
Magistrate and must be accompanied by the assessment report about
the person at risk.

37 Application for order in connection with treatment order
Currently a further treatment order can be applied for while a treatment
order is in force or after cessation of an order. The Bill proposes that an
application to the Court for a further order in connection with a
treatment order can be made only during the period a treatment order is
in force. This may also include an order to vary, extend or revoke the
treatment order. This application also is to be in a form approved by the
Magistrate and must be accompanied by documents supporting the
application.

38 Notice of application
In this section the Bill clarifies the notice of application (to the Court)
and specifies that it must include information on people who are
required to attend or who are entitled to attend. It also informs on the kind of documentation that has to be provided to the Court. A change is proposed to the effect that the person who requested an assessment for a person at risk does not receive confidential information in regards to that person.

In those cases where the person at risk is a child, then both the child and the responsible adult must receive notice of application.

39 Hearing of application
In this section the Bill clarifies the procedures of the hearing and
specifies attendance matters. It further proposes that the Court may order a person to attend if information is required by the Court.

40 Jurisdiction and procedure of Court
This section includes reference to the fact that the primary consideration of the court in determining any order, must be the protection of severe harm of the person at risk.

41 Treatment orders
The Bill amends the wording of this section to reflect the broadening of
treatment and intervention options. A further amendment relates to the period that a treatment order is in force: the Bill proposes to extend the treatment order period from eight weeks to 16 weeks to reduce the incidence of having to apply for additional treatment orders in those cases where it is evident that an extended treatment program is required.

41A Application for treatment warrant
The Bill proposes to add the assessor, legal representative of person at risk, and the Chief Health Officer to persons able to apply for a treatment warrant in cases where a person for whom a treatment order has been
made fails to attend at treatment. Furthermore the Bill proposes that an
application can be made via the telephone, and that the prescribed information can be conveyed to the Magistrate via facsimile or other media, subject to arrangement documented in the regulations.

41B Issuing treatment warrant
The changes to the definition of treatment program to provide for a range of intervention options requires consequential changes to Section 41 of the Act relating to the issuing of treatment warrants.

The Bill also specifies the procedure of issuing a treatment warrant where the application has been made via the telephone. These procedures will be prescribed in the regulations. No changes are proposed to the time that a treatment warrant will remain in force – it remains for the lesser period of time - 30 days after issue, or until the treatment order has expired.

41C Executing treatment warrant
Minor changes to the wording only have been made to this section.

Clause 7. Amendment of section 67 (Delegations)

At section 67(2) the Bill proposes to include the Chief Health Officer to be able to delegate to an employee any of the Chief Health Officer’s powers or functions under the Act.

Clause 8. Amendment of section 68 (Protection from liability)

At section 68(1)(d) the Bill includes assessors and a person assisting an Authorised Officer to execute the treatment warrant to be protected from liability.

Clause 9. New Part 8

Part 8. Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009

71 Definitions
Definitions have been added to reflect the transitional matters

72 Request for treatment order undecided by Minister
These provisons provide for transitional arrangements between the Act and the proposed amendments.

If a person has had a request for a treatment order made for them under the current Act, all procedures remain as are now, including the assessment procedure and the ability to apply for an assessment warrant.

However, if a person has had a treatment order made under the current Act, a further order or other order may be made as described in the amended Act.

73 Court applications undecided under repealed provisions
If an application for a treatment order is made under the current Act and the application has not been decided, procedures under the current Act prevail.

However, if a treatment order is made under the current Act, a further order or other order may be made as described in the amended Act.

Clause 10. Further amendments

The amendments mentioned in the Schedule have effect.

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