{"id":"controlled-substances-youth-treatment-orders-regulations-2021","name":"Controlled Substances (Youth Treatment Orders) Regulations 2021","slug":"controlled-substances-youth-treatment-orders-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235321,"registerId":"sa-controlled-substances-youth-treatment-orders-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Controlled Substances (Youth Treatment Orders) Regulations 2021","content":"South Australia\nControlled Substances (Youth Treatment Orders) Regulations 2021\nunder the Controlled Substances Act 1984\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tVisitor scheme\n5\tRequests to contact Visitor\n6\tReporting obligations of Visitor\n7\tProvisions relating to assessment and treatment pursuant to order\n8\tUse of force to keep child subject to detention order at place where assessment conducted or treatment provided\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Controlled Substances (Youth Treatment Orders) Regulations 2021.\n2—Commencement\nThese regulations will come into operation on the day on which Part 7A of the Act (as enacted by the Controlled Substances (Youth Treatment Orders) Amendment Act 2019) comes into operation.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\naccredited drug assessment service means a person or body currently accredited as a drug assessment service under section 56A of the Act;\naccredited drug treatment service means a person or body currently accredited as a drug treatment service under section 56A of the Act;\nAct means the Controlled Substances Act 1984;\nCourt means the Youth Court of South Australia;\nemployee, of the Adelaide Youth Training Centre (Kurlana Tapa), has the same meaning as in the Youth Justice Administration Act 2016;\nTraining Centre Visitor means the Training Centre Visitor under the Youth Justice Administration Act 2016;\ntreatment and care plan, for a child, means a treatment and care plan for the child contemplated by section 54D(2)(b)(iv) of the Act;\nVisitor means a person appointed by the Minister as the Visitor for the purposes of the visitor scheme established under section 54L(2) of the Act.\n4—Visitor scheme\n\t(1)\tFor the purposes of section 54L(2) of the Act, the Minister must, in establishing a visitor scheme, confer the following functions on the Visitor:\n\t(a)\tto visit and inspect facilities at which children are detained under detention orders;\n\t(b)\tto monitor the health, safety and wellbeing of children who are detained pursuant to detention orders;\n\t(c)\tto inquire into and investigate any matter referred to the Visitor by the Minister.\n\t(2)\tThe Visitor must act independently, impartially and in the public interest.\n\t(3)\tThe Minister cannot control how the Visitor is to exercise the Visitor's statutory functions and powers and cannot give any direction with respect to the content of any report prepared by the Visitor.\n\t(4)\tIn performing a function under the visitor scheme, the Visitor must pay particular attention to the needs and circumstances of children who—\n\t(a)\tare under the guardianship, or in the custody, of the Chief Executive under the Children and Young People (Safety) Act 2017; or\n\t(b)\tare Aboriginal or Torres Strait Islander children; or\n\t(c)\thave a physical, psychological or intellectual disability.\n\t(5)\tA government or non‑government organisation that is involved in the provision of services under Part 7A of the Act must, at the Visitor's request, provide the Visitor with information relevant to the exercise of the Visitor's functions under the visitor scheme.\n\t(6)\tTo avoid doubt, subregulation (5) does not apply to the Court.\n\t(7)\tIf the Visitor has reason to believe that a person is capable of providing information or producing a document that may be relevant to the exercise of the Visitor's functions under the visitor scheme, the Visitor may, by notice in writing, require the person to do 1 or more of the following:\n\t(a)\tto provide that information to the Visitor in writing signed by that person or, in the case of a body corporate, by an officer of the body corporate;\n\t(b)\tto produce that document to the Visitor;\n\t(c)\tto attend before a person specified in the notice and answer relevant questions or produce relevant documents.\n\t(8)\tA notice under subsection (7) is to specify the period within which, or the time, day and place at which, the person is required to provide the information or document, or to attend.\n\t(9)\tA person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (7).\nMaximum penalty: $5 000.\n\t(10)\tIf a document is produced in accordance with a requirement under this section, the Visitor may take possession of, make copies of, or take extracts from, the document.\n\t(11)\tIn performing a function under the visitor scheme, the Visitor has, to the extent that the power is relevant to the operation of Part 7A of the Act, the same power to visit and inspect a training centre as the Training Centre Visitor has under section 16 of the Youth Justice Administration Act 2016.\n\t(12)\tPursuant to section 54L(3) of the Act, the functions under the visitor scheme are conferred on the Training Centre Visitor.\nNote—\nThis conferral of the functions of the visitor scheme on the Training Centre Visitor is due to the operation of section 54B(3) of the Act, which limits the scope of youth treatment orders to children who are already detained in a training centre until a day declared by the Governor by proclamation.\n5—Requests to contact Visitor\n\t(1)\tFor the purposes of section 54L(2) of the Act, a child who is detained pursuant to a detention order, a guardian, relative or carer of such a child, or any person who is providing support to such a child may make a request to contact the Visitor.\n\t(2)\tIf such a request is made to the Chief Executive of the Department (within the meaning of the Youth Justice Administration Act 2016), that Chief Executive must advise the Visitor of the request within 2 days after receipt of the request.\n6—Reporting obligations of Visitor\n\t(1)\tFor the purposes of section 54L(2) of the Act, the Visitor must, on or before 30 September in every year, forward a report to the Minister on the work of the Visitor during the financial year ending on the preceding 30 June.\n\t(2)\tThe Minister must, within 6 sitting days after receiving a report under subsection (1), have copies of the report laid before both Houses of Parliament.\n\t(3)\tThe Visitor may, at any time, prepare a special report to the Minister on any matter arising out of the performance of the Visitor's functions under the visitor scheme.\n\t(4)\tThe Minister must, within 2 weeks after receiving a special report, have copies of the report laid before both Houses of Parliament.\n7—Provisions relating to assessment and treatment pursuant to order\n\t(1)\tPursuant to section 54N(a) of the Act, the following principles are to be observed in relation to assessments undertaken, or treatment provided, pursuant to an order under Part 7A of the Act:\n\t(a)\tassessments will be conducted, and treatment provided, in accordance with evidence‑informed methods and clinical tools to determine the best interests and needs of the child;\n\t(b)\tassessments will be conducted, and treatment provided, in accordance with best practice evidence and frameworks;\n\t(c)\tassessments and treatment will be child‑focused;\n\t(d)\tthe mental, physical and social development of the child must be given priority;\n\t(e)\tassessments will have regard to whether there are any other appropriate or less restrictive means available to ensure the child receives treatment in relation to their use of a controlled drug or drugs;\n\t(f)\tassessments and treatment will be culturally safe and appropriate, and support the needs of Aboriginal and Torres Strait Islander children, children from other culturally and linguistically diverse backgrounds and children with disability;\n\t(g)\tassessments and treatment will take into account the child's relevant history (including their biological, physiological, psychological, social history and any history of dependency on controlled drugs);\n\t(h)\tassessments and treatment will take into account the capacity of the child to participate in treatment, including their cognitive capacity where appropriate;\n\t(i)\tassessments and treatment will take into account any trauma experienced by the child;\n\t(j)\tassessments and treatment will be age and developmentally appropriate to the child, and adaptable based on the cognitive ability of the child;\n\t(k)\tassessments and treatment will take into account gender identity and sexuality.\n\t(2)\tPursuant to section 54N(a) of the Act—\n\t(a)\tan assessment or treatment pursuant to an order under Part 7A of the Act must take place within the Adelaide Youth Training Centre (Kurlana Tapa); and\nNote—\nThis limitation is due to the operation of section 54B(3) of the Act, which limits the scope of youth treatment orders to children who are already detained in a training centre until a day declared by the Governor by proclamation.\n\t(b)\tan assessment pursuant to an assessment order must be conducted by a medical practitioner who is, or is acting on behalf of, an accredited drug assessment service; and\n\t(c)\ttreatment provided pursuant to a treatment order must be provided by a registered health practitioner of the relevant kind who is, or is acting on behalf of, an accredited drug assessment service or drug treatment service (as the case requires); and\n\t(d)\ttreatment provided pursuant to a treatment order must be provided in accordance with the treatment and care plan for the child.\n8—Use of force to keep child subject to detention order at place where assessment conducted or treatment provided\n\t(1)\tPursuant to section 54N(b) of the Act, an employee of the Adelaide Youth Training Centre (Kurlana Tapa) may do 1 or both of the following to prevent a child who is subject to a detention order from leaving the Adelaide Youth Training Centre (Kurlana Tapa) during any period in which an assessment of the child is being undertaken, or treatment is being provided to the child pursuant to an order under Part 7A of the Act:\n\t(a)\tlock a door or window of the Adelaide Youth Training Centre (Kurlana Tapa), or a room within the Adelaide Youth Training Centre (Kurlana Tapa), to prevent entry to, or exit from, the room;\n\t(b)\tphysically restrain the child for the purpose of conveying the child to a place within, or preventing the child from leaving, or returning the child to, the Adelaide Youth Training Centre (Kurlana Tapa).\n\t(2)\tHowever, an employee of the Adelaide Youth Training Centre (Kurlana Tapa) may only do the things referred to in subregulation (1)—\n\t(a)\tduring a period in which an assessment or treatment session (as the case requires) is being conducted pursuant to an order under Part 7A of the Act; and\n\t(b)\tin limited circumstances, as a last resort, in the least restrictive way and for the shortest period possible in the circumstances.\n\t(3)\tIn doing a thing referred to in subregulation (1), an employee of the Adelaide Youth Training Centre (Kurlana Tapa) must comply with any code of practice prepared or specified by the Minister for the purposes of this subregulation.\n\t(4)\tNothing in this regulation limits any powers or obligations an employee of the Adelaide Youth Training Centre (Kurlana Tapa) has under the Youth Justice Administration Act 2016 or any other Act or law in relation to a child who is subject to a detention order.\n\t(5)\tAny action taken under subregulation (1)(b) by an employee of the Adelaide Youth Training Centre (Kurlana Tapa) must be reported as soon as practicable to—\n\t(a)\tthe Chief Executive of the Department responsible for assisting the Minister in the administration of the Criminal Law Consolidation Act 1935; and\n\t(b)\tthe Visitor.\n\t(6)\tSection 33(2), (3) and (4) of the Youth Justice Administration Act 2016 will be taken to apply in relation to any action taken by an employee of the Adelaide Youth Training Centre (Kurlana Tapa) under this regulation.\nNote—\nThis regulation is due to the operation of section 54B(3) of the Act, which limits the scope of assessment and treatment orders to children who are already detained in a training centre until a day declared by the Governor by proclamation.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n174\nGazette 18.11.2021 p4047 \n21.11.2021: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations appear to implement the original intent of the parent Act's Part 7A (youth treatment orders) as enacted by the 2019 Amendment Act. The scope is currently constrained by section 54B(3) to children already in detention, but this appears to be a deliberate staged implementation rather than scope creep. The regulations establish the necessary machinery (Visitor scheme, assessment principles, use of force rules) to operationalise the statutory scheme without expanding beyond its intended purpose."},"complexity_factors":["Multiple cross-references to parent Act (Controlled Substances Act 1984) and other legislation (Youth Justice Administration Act 2016, Children and Young People (Safety) Act 2017)","Temporary limitation of scope due to staged implementation (section 54B(3) proclamation requirement noted three times)","Nested conditions on use of force: permitted actions → time restrictions → circumstances restrictions → code of practice compliance → reporting obligations","Dual role assignment: Visitor functions conferred on existing Training Centre Visitor creates overlapping statutory roles","11 specific principles for assessment and treatment in regulation 7(1)","Multiple defined terms (7 in interpretation section) including recursive definitions referencing other Acts"],"plain_english_summary":"These regulations set up a system for forcing young people in detention to undergo drug assessment and treatment in South Australia. Here's what they do:\n\n**Who this affects:**\n- Children already locked up in the Adelaide Youth Training Centre (Kurlana Tapa) who are subject to \"youth treatment orders\" – court orders forcing them to be assessed or treated for drug use\n- The \"Visitor\" – an independent watchdog appointed to monitor these kids' welfare\n- Staff at the youth detention centre\n\n**What the regulations establish:**\n\n**1. A Visitor scheme (independent oversight)**\n- The Minister must appoint a \"Visitor\" to check on facilities, monitor kids' health and safety, and investigate complaints\n- The Visitor must act independently – the Minister can't tell them what to write in reports or how to do their job\n- Special attention must be paid to vulnerable groups: Aboriginal and Torres Strait Islander kids, kids with disabilities, and kids under state guardianship\n- The Visitor can demand information from organisations involved (but not from the Court), and people can be fined $5,000 for refusing without a good reason\n- For now, the Visitor role is given to the existing Training Centre Visitor (because the scheme is currently limited to kids already in detention)\n\n**2. How people can contact the Visitor**\n- Kids, their guardians, relatives, carers, or support people can ask to speak to the Visitor\n- The Chief Executive must pass on these requests within 2 days\n\n**3. Reporting requirements**\n- The Visitor must send an annual report to the Minister by 30 September each year\n- The Minister must table it in Parliament within 6 sitting days\n- The Visitor can also make special reports anytime, which must be tabled within 2 weeks\n\n**4. Rules for drug assessments and treatment**\n- Must use evidence-based, child-focused methods\n- Must consider the child's trauma history, cultural background, disability, and whether less restrictive options exist\n- Must be culturally safe for Aboriginal and Torres Strait Islander kids and kids from diverse backgrounds\n- Currently, all assessment and treatment must happen inside the Adelaide Youth Training Centre (this is temporary – the scheme is meant to expand later)\n- Assessments must be done by doctors from accredited drug assessment services\n- Treatment must follow a written care plan and be provided by registered health practitioners from accredited services\n\n**5. Use of force**\n- Youth detention staff can lock doors/windows or physically restrain kids to stop them leaving during assessment or treatment sessions\n- But only as a last resort, in the least restrictive way, for the shortest time possible\n- Any physical restraint must be reported immediately to the Chief Executive and the Visitor\n- Staff must follow a code of practice set by the Minister\n\n**Why this matters:**\nThese regulations create a framework for compulsory drug treatment of children in custody. They try to balance the coercive nature of forced treatment with safeguards – independent oversight, reporting requirements, and principles about how treatment should be delivered. The scheme is currently limited to kids already in detention but is designed to expand later."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations limit the operation of Part 7A orders to children already detained in a training centre and require assessments/treatment to occur at the Adelaide Youth Training Centre pending a Governor's proclamation (see notes and reg 7(2)(a)). Visitor functions are explicitly conferred on the Training Centre Visitor, narrowing the operational scope and centralising oversight and service delivery while the s54B(3) constraint remains (regs 4 note; regs 7 and 8 notes)."},"complexity_factors":["Cross‑references to multiple statutory instruments and Act provisions (eg. sections 54B(3), 54L, 54N, and s56A of the Act) that constrain operation and location of orders (regs 3 note; regs 4,7,8).","Delegation and overlap of oversight roles — Visitor functions are conferred on the Training Centre Visitor and must act independently (reg 4(11),(12), (2),(3)).","Information‑gathering powers with enforceable compliance and a monetary penalty for refusal to comply (reg 4(7)–(10)).","Operational limits and procedural safeguards on use of force — permitted only as last resort, least restrictive way, subject to a Ministerial code and reporting requirements (reg 8(1)–(6)).","Prescriptive provider requirements — assessments/treatment must be by accredited services and registered practitioners and follow a treatment and care plan (reg 7(2)(b)–(d)).","Mandatory reporting and strict parliamentary laying timelines for annual and special Visitor reports (reg 6(1)–(4)).","Targeted vulnerability provisions requiring attention to Aboriginal and Torres Strait Islander children, children in out‑of‑home care and children with disability (reg 4(4); reg 7(1)(f))."],"plain_english_summary":"These regulations set out how youth drug‑treatment orders work in practice: assessments and treatment must occur at the Adelaide Youth Training Centre, follow evidence‑informed clinical and cultural principles, be delivered by accredited practitioners and follow a treatment and care plan, and are overseen by an independent Visitor with inspection and information‑gathering powers (regs 4,7). \n\nThey also permit limited use of force by training‑centre employees during sessions, create reporting and document‑production duties (and penalties) for service providers and officials, and impose compliance and oversight obligations on detained children, centre staff, accredited drug services and government bodies (regs 5,6,8)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent, as no legislative text was provided. The page returned a 'Page Not Found' error, meaning no content could be analysed."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 error","Analysis is impossible without the substantive content of the regulations","Complexity score of 1 reflects absence of content, not simplicity of the law itself"],"plain_english_summary":"This regulation (unavailable online due to a 404) would implement Youth Treatment Orders under the Controlled Substances Act 1984 (SA), directing court-ordered treatment for young people with substance use issues.  \n\nIt matters to affected young people and their families, health professionals delivering treatment, and courts and lawyers managing youth drug matters; check the South Australian legislation site for the current text after its recent restructuring."}},"importantCases":[],"_links":{"self":"/api/acts/controlled-substances-youth-treatment-orders-regulations-2021","history":"/api/acts/controlled-substances-youth-treatment-orders-regulations-2021/history","analysis":"/api/acts/controlled-substances-youth-treatment-orders-regulations-2021/analysis","conflicts":"/api/acts/controlled-substances-youth-treatment-orders-regulations-2021/conflicts","importantCases":"/api/acts/controlled-substances-youth-treatment-orders-regulations-2021/important-cases","documents":"/api/acts/controlled-substances-youth-treatment-orders-regulations-2021/documents"}}