{"id":"a-1994-85","name":"Intoxicated People (Care and Protection) Act 1994","slug":"intoxicated-people-care-and-protection-act-1994","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"85 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23767,"registerId":"act-a-1994-85-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Intoxicated People (Care and Protection) Act 1994","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nIntoxicated People (Care and\nProtection) Act 1994\nA1994-85\nRepublication No 20\nEffective: 26 December 2025\nRepublication date: 26 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Intoxicated People (Care and Protection) Act 1994 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nIntoxicated People (Care and\nProtection) Act 1994\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n3A Offences against Act—application of Criminal Code etc 2\nPart 2 Intoxicated people\n4 Detention of intoxicated people 3\n5 Search of people in custody 4\n\nContents\nPage\ncontents 2 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Admission statement and other relevant information 4\n6A Admission to licensed place 5\n6B Safekeeping of possessions 5\n6C Power of carer to search intoxicated person 5\n6D Leaving licensed place 6\n7 Information to be given to intoxicated person 6\n8 Contacting other people 7\n9 Leaving in dangerous condition 7\n10 Transfer—medical treatment 7\n11 Remaining at licensed place 7\n12 Objection to care 7\n13 Protection of carers, managers and licensees 7\nPart 3 Licences\nDivision 3.1 Approval\n14 Care services must be licensed 8\n15 Applications 8\n16 Grant 10\nDivision 3.2 Conditions\n17 Licence conditions 10\n18 Employees 10\n19 Insurance 11\n20 Annual reports 11\n21 Further conditions 11\nDivision 3.3 Suspension and cancellation of licences\n22 Emergency suspension and cancellation 12\n23 Cancellation of licences 13\n24 Requested cancellation 14\n25 Return of licence on cancellation 15\nPart 4 Inspection\n27 Inspectors 16\n28 Identity cards 16\n29 Powers of inspection 17\n\nContents\nPage\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n30 Failing to comply with requirement of inspector 17\nPart 5 Standards\n31 Making standards 18\n33 Publication of standard 18\nPart 6 Notification and review of decisions\n34 Meaning of reviewable decision—pt 6 20\n34A Reviewable decision notices 20\n35 Applications for review 20\nPart 7 Miscellaneous\n36 Secrecy 21\n37 Approval of first-aid providers 22\n39 Regulation-making power 22\nSchedule 1 Reviewable decisions 23\nDictionary 24\nEndnotes\n1 About the endnotes 26\n2 Abbreviation key 26\n3 Legislation history 27\n4 Amendment history 31\n5 Earlier republications 35\n\n\n\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nIntoxicated People (Care and\nProtection) Act 1994\nAn Act to provide for the care and protection of intoxicated people, and for\nrelated purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Intoxicated People (Care and Protection) Act 1994.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nIntoxicated people Part 2\nSection 4\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Intoxicated people\n4 Detention of intoxicated people\n(1) If a police officer believes, on reasonable grounds, that a person in a\npublic place is intoxicated and is, because of that intoxication—\n(a) behaving in a disorderly way; or\n(b) behaving in a way likely to cause injury to himself, herself or\nanother person, or damage to any property; or\n(c) incapable of protecting himself or herself from physical harm;\nthe officer may take the person into custody and detain the person.\n(2) The police officer may take the person into custody only if the officer\nis satisfied that there is no other reasonable alternative for the\nperson’s care and protection.\n(3) A person detained under subsection (1) must be released—\n(a) when the person ceases to be intoxicated; or\n(b) at the end of 8 hours after the person is detained;\nwhichever is earlier.\n(4) A police officer must not allow a person detained under\nsubsection (1) to remain at a police station where the person was\ndetained for longer than 12 hours after the person is first detained.\n(5) This section does not prevent a police officer from releasing a person\ndetained under subsection (1) if, in the police officer’s opinion, it is\nreasonable to release the person.\n(6) For subsection (5), a police officer is taken to have acted reasonably\nif the officer releases a person detained under subsection (1) into the\ncare of the manager of a licensed place.\n\nPart 2 Intoxicated people\nSection 5\npage 4 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Search of people in custody\n(1) A police officer may search a person who is taken into custody under\nsection 4 (1) and may take possession of any articles found in the\nperson’s possession.\n(2) A person is entitled to the return of any articles taken from the person\nunder subsection (1) when the person ceases to be detained under\nsection 4.\n(3) In subsection (1):\nsearch means a search of a person or of articles in the person’s\npossession, which may include—\n(a) requiring the person to remove his or her overcoat, coat or jacket\nand any gloves, shoes, socks and hat; and\n(b) an examination of those items.\n6 Admission statement and other relevant information\n(1) If a police officer releases a person from custody under section 4 into\nthe care of the manager of a licensed place and the person enters that\nplace, the officer must give the manager an admission statement\nrelating to the intoxicated person.\n(2) An admission statement must be in writing and must contain the\nfollowing:\n(a) the full name of the intoxicated person (if known);\n(b) the date of birth of the person (if known);\n(c) the time and date when the person was detained by the officer;\n(d) an itemised list of any articles taken from the person under\nsection 5 (1);\n(e) confirmation that the officer signing the statement has returned\nthe listed articles to the person.\n\nIntoxicated people Part 2\nSection 6A\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The police officer may release to the manager any further information\nrelating to the intoxicated person that the officer believes, on\nreasonable grounds, will assist the manager in caring for the person.\n6A Admission to licensed place\nA carer must not admit an intoxicated person to a licensed place if the\nperson—\n(a) refuses to give the carer the person’s clothing and other\npossessions for safekeeping; or\n(b) refuses to undergo a search under section 6C when required to\ndo so; or\nNote Under s 6C, a search may be required before admission.\n(c) is found in possession of a prohibited substance within the\nmeaning of the Medicines, Poisons and Therapeutic Goods\nAct 2008.\n6B Safekeeping of possessions\nA carer must secure the clothing and other possessions of an\nintoxicated person who is admitted to a licensed place.\n6C Power of carer to search intoxicated person\n(1) A carer may require an intoxicated person to undergo a frisk search\nin a licensed place before admitting the person.\n(2) The frisk search of an intoxicated person must, if practicable, be\ncarried out by a person of the same sex as the intoxicated person.\n(3) If the intoxicated person is a transgender or intersex person, the\nperson may ask that the frisk search be carried out by either a male or\na female.\nNote 1 For the meaning of transgender person, see the Legislation Act, s 169A.\nNote 2 For the meaning of intersex person, see the Legislation Act, s 169B.\n\nPart 2 Intoxicated people\nSection 6D\npage 6 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the intoxicated person asks that the frisk search be carried out by a\nmale, the person is taken, for this section, to be male.\n(5) If the intoxicated person asks that the frisk search be carried out by a\nfemale, the person is taken, for this section, to be female.\n(6) In this section:\nfrisk search, of an intoxicated person, means a search in which light\npressure is momentarily applied to the person over the person’s outer\nclothing without contact being made with—\n(a) the person’s genital or anal areas; or\n(b) for a female—the person’s breasts.\n6D Leaving licensed place\n(1) An intoxicated person who is admitted to a licensed place may leave\nthe licensed place at any time.\n(2) An intoxicated person who is admitted to a licensed place is taken to\nhave left the licensed place if the person goes outside the licensed\nplace unsupervised by a carer.\n(3) A carer must return an intoxicated person’s possessions to the person\nwhen the person leaves the licensed place.\n7 Information to be given to intoxicated person\nThe carer who admits an intoxicated person to a licensed place must\ntell the person that—\n(a) the person may leave the licensed place at any time; and\n(b) if the person goes outside the licensed place unsupervised by a\ncarer, the person will be taken to have left the licensed place;\nand\n(c) the person will be given adequate opportunity to contact a\nresponsible person or other appropriate person.\n\nIntoxicated people Part 2\nSection 8\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Contacting other people\nA licensee must ensure that an intoxicated person admitted to a\nlicensed place has adequate opportunity to contact a responsible\nperson or other appropriate person.\n9 Leaving in dangerous condition\nIf an intoxicated person who, in the opinion of a carer, is a danger to\nhimself, herself, another person or property leaves, or is about to\nleave, the licensed place, the carer must notify the police.\n10 Transfer—medical treatment\nIf a carer at a licensed place is satisfied that an intoxicated person\nrequires, or may require, medical treatment, the carer must arrange\nfor the intoxicated person to be transferred to the emergency\ndepartment of a hospital.\n11 Remaining at licensed place\nA licensee must not allow a person admitted to a licensed place to\nremain at the place for longer than 15 hours.\n12 Objection to care\nThis Act does not authorise the provision of care to a person at a\nlicensed place if the person objects to being provided with that care.\n13 Protection of carers, managers and licensees\nA proceeding does not lie against a person who is or has been a\nlicensee, manager of a licensed place or carer in relation to anything\nhonestly done or omitted to be done by the person as licensee,\nmanager of a licensed place or carer for the exercise, or purported\nexercise, of a function for this Act or another territory law.\n\nPart 3 Licences\nDivision 3.1 Approval\nSection 14\npage 8 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Licences\nDivision 3.1 Approval\n14 Care services must be licensed\n(1) A person commits an offence if—\n(a) the person provides a caring service; and\n(b) the person is not licensed under this Act to provide the service.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) An offence against this section is a strict liability offence.\n15 Applications\n(1) A person may apply for a licence to provide a caring service.\n(2) An application under subsection (1) must—\n(a) be in writing signed by the applicant; and\n(b) specify the following:\n(i) the name and address of the applicant;\n(ii) the proposed name and address of each place where the\napplicant proposes to provide a caring service;\n(iii) particulars of any experience the applicant has in dealing\nwith intoxicated people or people with problems related to\nalcohol or other drugs; and\n(c) be accompanied by—\n(i) if the applicant is an individual—a written statement\nsigned by the applicant stating that the applicant has never\nbeen bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n\nLicences Part 3\nApproval Division 3.1\nSection 15\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) if the applicant is a corporation—a written statement\nsigned on behalf of the corporation by an office-holder\nstating that as at the date of the application—\n(A) a liquidator, receiver, official manager or receiver and\nmanager has not been appointed in relation to the\ncorporation, any of its assets or any part of its affairs\nor undertaking; and\n(B) no compromise or arrangement of a kind mentioned\nin the Corporations Act, part 5.1 has been entered into\nor is proposed; and\n(C) the corporation is solvent; or\n(iii) if the applicant is an incorporated association or any other\nkind of entity—a written statement signed on behalf of the\nassociation or entity by an office-holder stating that the\nassociation or entity can meet its debts.\n(3) In this section:\nname and address, of an applicant, means—\n(a) if the applicant is an individual—the individual’s full name and\nbusiness address; or\n(b) in any other case—the full name and home address of each\noffice-holder of the applicant.\noffice-holder means—\n(a) for a corporation—an executive officer; or\n(b) for an incorporated association—the president, secretary or\npublic officer of the association; or\n(c) for any other entity—anyone with overall responsibility for the\nconduct of the entity.\n\nPart 3 Licences\nDivision 3.2 Conditions\nSection 16\npage 10 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Grant\n(1) On receiving an application in accordance with section 15, the\nMinister may grant the applicant a licence to provide a caring service\nif satisfied that—\n(a) the applicant has adequate experience in dealing with\nintoxicated people or people with problems related to alcohol or\nother drugs; and\n(b) the applicant will provide a caring service at each place specified\nin the application in accordance with the Act and any standards.\n(2) A licence must specify—\n(a) the full name and address of the person to whom it is granted;\nand\n(b) the location of each place where a caring service may be\nprovided under it.\nDivision 3.2 Conditions\n17 Licence conditions\nA licence is subject to the conditions imposed by or under this\ndivision.\n18 Employees\n(1) A licensee must ensure that every person employed by the licensee at\na licensed place, including any volunteer, holds a current first-aid\ncertificate.\n(2) In subsection (1):\nfirst-aid certificate means a first-aid certificate issued by a provider\napproved under section 37.\n\nLicences Part 3\nConditions Division 3.2\nSection 19\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n19 Insurance\nA licensee must maintain a prescribed policy or policies of insurance.\n20 Annual reports\n(1) A licensee must give the Minister a written report in relation to each\nfinancial year, or part of a financial year, in which the licensee\nprovides a service.\n(2) A report under subsection (1) must be given to the Minister no later\nthan 30 September immediately following the financial year to which\nthe report relates.\n(3) A report must specify the following:\n(a) in relation to any caring service provided by the licensee—the\nnumber of people admitted to the licensed place during the\nperiod to which the report relates, and the age and sex of each\nperson so admitted (if known);\n(b) whether, in the opinion of the licensee, the licensee has complied\nwith the Act (including any standards);\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(c) if the licensee has not so complied—the particulars of any\nfailure to comply.\n21 Further conditions\n(1) The Minister may, by written notice, impose the further conditions on\na licence that are necessary and reasonable for the care and protection\nof intoxicated people.\n(2) A condition takes effect 28 days after the day the licensee is given\nnotice of the condition or, if the notice states a later date of effect, that\ndate.\n\nPart 3 Licences\nDivision 3.3 Suspension and cancellation of licences\nSection 22\npage 12 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3.3 Suspension and cancellation of\nlicences\n22 Emergency suspension and cancellation\n(1) If the Minister believes on reasonable grounds that there is an\nimmediate risk of danger to the health or safety of people being cared\nfor, or people providing care, at a licensed place, the Minister may\nsuspend the licence in relation to the place.\n(2) A suspension under subsection (1) takes effect when the Minister\ngives the reviewable decision notice about the suspension to the\nlicensee.\nNote The decision to suspend a licence is a reviewable decision (see s 34), and\nthe Minister must give a reviewable decision notice to the licensee (see\ns 34A).\n(3) The reviewable decision notice must include—\n(a) the facts and circumstances on which the Minister’s belief is\nbased; and\n(b) the licensed places (the stated places) in relation to which the\nlicence is suspended; and\n(c) a statement that the licensee may not provide caring services at\nthe stated places while the licence is suspended; and\n(d) a statement that the licensee may, within 28 days after the date\nof the notice, make submissions to the Minister why the licence\nshould not be cancelled in relation to the stated places.\n(4) The Minister may cancel the licence in relation to any stated place on\nthe ground mentioned in subsection (1).\n(5) However, the Minister may cancel a licence only after the end of\n28 days after the date of the reviewable decision notice.\n\nLicences Part 3\nSuspension and cancellation of licences Division 3.3\nSection 23\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) The cancellation of a licence under this section takes effect on—\n(a) the day the reviewable decision notice about the cancellation is\ngiven to the licensee; or\n(b) if the notice states a later date of effect—the stated date.\nNote The decision to cancel a licence is a reviewable decision (see s 34), and\nthe Minister must give a reviewable decision notice to the licensee (see\ns 34A).\n23 Cancellation of licences\n(1) The Minister may, subject to this section, cancel a licence in relation\nto a licensed place on any of the following grounds:\n(a) if the licensee is an individual—the licensee becomes bankrupt\nor personally insolvent;\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(b) if the licensee is a corporation—\n(i) a liquidator, receiver, official manager or receiver and\nmanager has been appointed in relation to the corporation,\nany of its assets or any part of its affairs or undertaking; or\n(ii) a compromise or arrangement of a kind specified in the\nCorporations Act, part 5.1 has been entered into or is\nproposed; or\n(iii) the corporation is insolvent;\n(c) if the licensee is an incorporated association or any other kind\nof entity—that the entity is unable to meet its debts;\n(d) the licensee is no longer providing a caring service at the\nlicensed place;\n(e) the licensee has contravened this Act (including any standards);\n(f) the licensee has breached a condition of the licence.\n\nPart 3 Licences\nDivision 3.3 Suspension and cancellation of licences\nSection 24\npage 14 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The Minister must not cancel a licence in relation to a licensed place\nunless the Minister has given written notice to the licensee of the\nproposal to do so—\n(a) specifying the ground for the proposed cancellation;\n(b) setting out the facts and circumstances on which that ground is\nbased;\n(c) specifying the licensed places in relation to which the Minister\nproposes to cancel the licence; and\n(d) inviting the licensee to make submissions to the Minister, not\nlater than 28 days after the day the licensee is given the notice,\nwhy the licence should not be cancelled.\n(3) After considering any submissions made in accordance with the\nnotice, the Minister may cancel the licence in relation to any licensed\nplace stated in the notice on any ground stated in the notice.\n(4) The cancellation of a licence under this section takes effect on—\n(a) the day the reviewable decision notice about the cancellation is\ngiven to the licensee; or\n(b) if the notice states a later date of effect—the stated date.\nNote The decision to cancel a licence is a reviewable decision (see s 34), and\nthe Minister must give a reviewable decision notice to the licensee (see\ns 34A).\n24 Requested cancellation\n(1) A licensee may, by written notice, request the Minister to cancel the\nlicensee’s licence in relation to 1 or more licensed places.\n(2) On receiving a notice under subsection (1), the Minister must cancel\nthe licence in accordance with the request and the cancellation takes\neffect immediately or on the later day that is specified in the notice.\n\nLicences Part 3\nSuspension and cancellation of licences Division 3.3\nSection 25\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n25 Return of licence on cancellation\n(1) A licensee commits an offence if—\n(a) the licensee receives a notice under section 34 (1) of the\ncancellation of the licence for a place; and\n(b) the licensee does not return the licence to the Minister within\n14 days after the day the licensee receives the notice.\nMaximum penalty: 5 penalty units.\n(2) If the licence is for 2 or more places, and the licence is cancelled for\nsome, but not all, of the places, the Minister must—\n(a) amend any licence returned under subsection (1) to reflect the\ncancellation; and\n(b) return the amended licence to the licensee.\n(3) An offence against this section is a strict liability offence.\n\nPart 4 Inspection\nDivision 3.3 Suspension and cancellation of licences\nSection 27\npage 16 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Inspection\n27 Inspectors\nThe director-general may appoint a public servant as an inspector for\nthis Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n28 Identity cards\n(1) The director-general must give an inspector an identity card stating\nthe person’s name and that the person is an inspector.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an inspector; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable, but no later than 7 days\nafter the day the person stops being an inspector.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n\nInspection Part 4\nSuspension and cancellation of licences Division 3.3\nSection 29\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Powers of inspection\n(1) An inspector may, at any reasonable time, enter a licensed place\nand—\n(a) inspect the place and any equipment used at the place in\nconnection with the care of people admitted to the place; and\n(b) inspect any books, documents or other records that are in the\npossession of the licensee, or to which the licensee has access,\nrelating to the conduct of the licensed place; and\n(c) require the licensee to give the inspector any information, books,\ndocuments or other records that are in the possession of the\nlicensee, or to which the licensee has access, relating to the\nconduct of the licensed place.\n(2) An inspector who enters premises under subsection (1) is not\nauthorised to remain on the premises if, when requested to do so by\nthe licensee, the inspector does not show his or her identity card to\nthe licensee.\n(3) A person is not required to give material to an inspector under\nsubsection (1) (c) if, when requested to do so by the person, the\ninspector does not show his or her identity card to the person.\n(4) If an inspector enters premises under subsection (1), a reference in\nthis section to the licensee includes a reference to the manager.\n30 Failing to comply with requirement of inspector\n(1) A person must take all reasonable steps to comply with a requirement\nmade of the person by an inspector under section 29 (1) (c).\nMaximum penalty: 50 penalty units.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) An offence against this section is a strict liability offence.\n\nPart 5 Standards\nDivision 3.3 Suspension and cancellation of licences\nSection 31\npage 18 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Standards\n31 Making standards\n(1) The Minister may make standards for this Act.\n(2) A standard may make provision in relation to—\n(a) the condition and maintenance of premises used as licensed\nplaces; and\n(b) the condition and maintenance of equipment used at licensed\nplaces; and\n(c) the operation of caring services, including the conduct of people\nproviding care; and\n(d) the training of people working with intoxicated people at\nlicensed places; and\n(e) the basic skills required by people working with intoxicated\npeople at licensed places; and\n(f) the collection, use, storage and disclosure of information\nrelating to the conduct of licensed places and people admitted to\nthem.\n(3) A standard is a disallowable instrument.\n33 Publication of standard\n(1) The Minister must give public notice, on or before the date a standard\nis made under section 31, notice of the making of the standard—\n(a) specifying the date the standard takes effect; and\n(b) specifying the place or places where copies of the standard may\nbe purchased; and\n(c) containing a statement to the effect that a copy of the standard\nmay be inspected by members of the public at the place or places\nspecified in the notice; and\n\nStandards Part 5\nSuspension and cancellation of licences Division 3.3\nSection 33\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) containing a statement to the effect that the standard is subject\nto disallowance by the Legislative Assembly under the\nLegislation Act.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(2) The Minister must ensure that—\n(a) a copy of the standard is made available for public inspection at\nthe place or places so specified in the notice under\nsubsection (1); and\n(b) copies of that standard are made available for purchase at the\nplace or places so specified in the notice.\n(3) In this section:\nstandard includes any document, or part of a document, the\nprovisions of which are applied by a standard.\n\nPart 6 Notification and review of decisions\nDivision 3.3 Suspension and cancellation of licences\nSection 34\npage 20 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Notification and review of\ndecisions\n34 Meaning of reviewable decision—pt 6\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n34A Reviewable decision notices\nIf the Minister makes a reviewable decision, the Minister must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The Minister must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n35 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 7\nSuspension and cancellation of licences Division 3.3\nSection 36\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Miscellaneous\n36 Secrecy\n(1) In this section:\ndivulge includes communicate.\nperson to whom this section applies means anyone who is exercising,\nor has exercised, a function under this Act.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\n(2) A person to whom this section applies commits an offence if—\n(a) the person—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the person—\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndivulged.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 7 Miscellaneous\nDivision 3.3 Suspension and cancellation of licences\nSection 37\npage 22 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) This section does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law.\n(4) Subsection (2) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\n37 Approval of first-aid providers\nThe Minister may, in writing, approve an entity as a provider of first-\naid courses for this Act.\n39 Regulation-making power\nThe Executive may make regulations for this Act.\n\nReviewable decisions Schedule 1\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 6)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 16 (1) not satisfied in relation to s 16 (1) (a)\nor (b) in relation to applicant\napplicant\n2 21 (1) impose further condition on licence licensee\n3 22 (1) suspend licence licensee\n4 22 (4) or 23 (1) cancel licence licensee\n5 37 refuse to approve entity as provider of\nfirst-aid courses\nentity\n\nDictionary\npage 24 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• adult\n• bankrupt or personally insolvent\n• director-general (see s 163)\n• home address\n• police officer\n• reviewable decision notice\n• under.\ncarer means a person who works with intoxicated people at a licensed\nplace.\ncaring service means a service that provides immediate, short-term\ncare for intoxicated people, but does not include a service provided at\na hospital or other medical facility.\ninspector means an inspector under section 27.\nintoxicated means apparently under the influence of alcohol, another\ndrug or substance, or a combination of alcohol, drugs or substances.\nExamples of substances\n1 glue\n2 petrol\n3 another solvent\nlicensed place means a place where a licensee is licensed to provide\na caring service.\nlicensee means a person who holds a licence under section 16.\nmanager, for a licensed place, means the person in charge of the\nplace.\n\nDictionary\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprescribed includes prescribed by the standards.\npublic place means a place to which the public, or a section of the\npublic, has access, whether by payment or not, and includes a school\nand any land or premises that belong to or are occupied or used in\nrelation to a school.\nresponsible person, in relation to an intoxicated person, includes—\n(a) a relative, guardian or friend of the intoxicated person who is an\nadult; or\n(b) a lawyer acting on behalf of the intoxicated person.\nreviewable decision, for part 6 (Notification and review of\ndecisions)—see section 34.\nschool means a government school (including a pre-school) or non-\ngovernment school under the Education Act 2004.\nstandard means a standard made under section 31.\n\nEndnotes\n1 About the endnotes\npage 26 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Intoxicated People (Care and Protection) Act 1994 was originally the\nIntoxicated Persons (Care and Protection) Act 1994. It was renamed by the Statute\nLaw Amendment Act 2005 A2005-20 (see amdt 3.168).\nIntoxicated People (Care and Protection) Act 1994 A1994-85\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nremainder commenced 15 June 1995 (s 2 (3))\nas amended by\nIntoxicated Persons (Care and Protection) (Amendment) Act 1997\nA1997-71\nnotified 10 November 1997 (Gaz 1997 No S350)\ncommenced 10 November 1997 (s 2)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 198\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 198 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nCrimes Legislation Amendment Act 2001 A2001-63 pt 7\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 7 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3)\n\nEndnotes\n3 Legislation history\npage 28 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 1.2\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 1.2 commenced 21 December 2002 (s 2 (3))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.45\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.45 commenced 9 April 2004 (s 2 (1))\nEducation Act 2004 A2004-17 sch 2 pt 2.4\nnotified LR 8 April 2004\ns 1, s 2 commenced 8 April 2004 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 January 2005 (s 2)\nIntoxicated Persons (Care and Protection) Amendment Act 2004\nA2004-54\nnotified LR 16 August 2004\ns 1, s 2 commenced 16 August 2004 (LA s 75 (1))\nremainder commenced 17 August 2004 (s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.29\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.29 commenced 2 June 2005 (s 2 (1))\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.26\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.26 commenced 24 November 2005 (s 2)\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.13\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.13 commenced 16 November 2006 (s 2 (1))\nMedicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2\npt 2.17\nnotified LR 14 August 2008\ns 1, s 2 commenced 14 August 2008 (LA s 75 (1))\nsch 2 pt 2.17 commenced 14 February 2009 (s 2 and LA s 79)\n\nEndnotes\nLegislation history 3\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.58\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.58 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.44\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.44 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.42\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.42 commenced 17 December 2009 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.85\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.85 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 1 pt 1.3\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 1 pt 1.3 commenced 12 December 2011 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.37\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.37 commenced 14 October 2015 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.28\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.28 commenced 23 June 2021 (s 2 (1))\n\nEndnotes\n3 Legislation history\npage 30 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.101\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.101 commenced 26 December 2025 (s 2 (7))\n\nEndnotes\nAmendment history 4\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2005-20 amdt 3.168\nDictionary\ns 2 om A2001-44 amdt 1.2268\nins A2005-20 amdt 3.168\nam A2008-26 amdt 2.121\nNotes\ns 3 sub A2005-20 amdt 3.168\ndef admission statement om A2005-20 amdt 3.168\ndef carer sub A1997-71 s 4\nom A2005-20 amdt 3.168\ndef caring service om A2005-20 amdt 3.168\ndef health practitioner om A2005-20 amdt 3.168\ndef inspector om A2005-20 amdt 3.168\ndef intoxicated sub A2001-63 s 53\nom A2005-20 amdt 3.168\ndef legal representative om A1997-96 sch 1\ndef licensed place sub A1997-71 s 4\nom A2005-20 amdt 3.168\ndef licensee om A2005-20 amdt 3.168\ndef manager om A2005-20 amdt 3.168\ndef office-holder om A2005-20 amdt 3.168\ndef prescribed om A2005-20 amdt 3.168\ndef prohibited substance ins A2004-54 s 4\nom A2005-20 amdt 3.168\ndef public place om A2005-20 amdt 3.168\ndef responsible person am A1997-96 sch 1\nom A2005-20 amdt 3.168\ndef school sub A2004-17 amdt 2.9\nom A2005-20 amdt 3.168\ndef standard om A2005-20 amdt 3.168\nOffences against Act—application of Criminal Code etc\ns 3A ins A2005-54 amdt 1.173\nIntoxicated people\npt 2 hdg am A2005-20 amdt 3.179\nDetention of intoxicated people\ns 4 hdg am A2005-20 amdt 3.179\ns 4 am A2001-63 ss 54-56\nSearch of people in custody\ns 5 hdg am A2005-20 amdt 3.179\ns 5 am A1997-71\n\nEndnotes\n4 Amendment history\npage 32 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAdmission statement and other relevant information\ns 6 am A1997-71; A2005-20 amdt 3.169, amdt 3.170\nAdmission to licensed place\ns 6A ins A1997-71\nsub A2004-54 s 5\nam A2008-26 amdt 2.122\nSafekeeping of possessions\ns 6B ins A1997-71\nsub A2004-54 s 5\nPower of carer to search intoxicated person\ns 6C ins A1997-71\nsub A2004-54 s 5\nLeaving licensed place\ns 6D ins A1997-71\nsub A2004-54 s 5\nInformation to be given to intoxicated person\ns 7 am A1997-71\nsub A2004-54 s 5\nContacting other people\ns 8 sub A2004-54 s 5\nLeaving in dangerous condition\ns 9 am A1997-71\nRemaining at licensed place\ns 11 am A2002-49 amdt 1.2\nProtection of carers, managers and licensees\ns 13 am A1997-71\nsub A2006-42 amdt 3.77\nApproval\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA\nCare services must be licensed\ns 14 am A1998-54\nsub A2005-54 amdt 1.174\nApplications\ns 15 am A2005-20 amdt 3.171, amdt 3.172, amdt 3.179; A2006-42\namdt 3.78; A2009-49 amdt 3.99; A2011-52 amdt 1.3\nGrant\ns 16 am A2005-20 amdt 3.173, amdt 3.179\nConditions\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA\n\nEndnotes\nAmendment history 4\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAnnual reports\ns 20 am R7 LA; A2005-20 amdt 3.174, amdt 3.179\nFurther conditions\ns 21 am A2005-20 amdt 3.179; A2006-42 amdt 3.79\nSuspension and cancellation of licences\ndiv 3.3 hdg (prev pt 3 div 1 hdg) renum R2 LA\nEmergency suspension and cancellation\ns 22 am A2005-20 amdt 3.179\nsub A2008-37 amdt 1.253\nCancellation of licences\ns 23 am A2005-20 amdt 3.175; A2006-42\namdts 3.80-3.82;A2008-37 amdt 1.254; A2011-52 amdt 1.4\nReturn of licence on cancellation\ns 25 am A1998-54\nsub A2005-54 amdt 1.175\nReturn of licence\ns 26 am A1998-54\nom A2005-54 amdt 1.176\nInspectors\ns 27 sub A2005-20 amdt 3.176\n(2)-(4) exp 2 June 2006 (s 27 (4) (LA s 88 declaration applies))\nam A2011-22 amdt 1.261\nIdentity cards\ns 28 am A1998-54; A2005-20 amdt 3.177\nsub A2005-54 amdt 1.177\n(5)-(7) exp 24 November 2005 (s 28 (7))\nam A2011-22 amdt 1.261\nPowers of inspection\ns 29 am A2005-20 amdt 3.179\nFailing to comply with requirement of inspector\ns 30 hdg sub A2004-15 amdt 2.98\ns 30 am A1998-54; A2004-15 amdt 2.99, amdt 2.100\nsub A2005-54 amdt 1.178\nMaking standards\ns 31 am A2001-44 amdts 1.2269-1.2271; A2005-20 amdt 3.179;\nA2006-42 amdt 3.83; A2025-29 amdt 4.101\nDisallowance\ns 32 om A2001-44 amdt 1.2272\n\nEndnotes\n4 Amendment history\npage 34 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPublication of standard\ns 33 hdg sub A2015-33 amdt 1.119\ns 33 am A2001-44 amdt 1.2273; A2009-20 amdt 3.103; A2015-33\namdt 1.120, amdt 1.121\nNotification and review of decisions\npt 6 hdg sub A2008-37 amdt 1.255\nMeaning of reviewable decision—pt 6\ns 34 sub A2008-37 amdt 1.255\nReviewable decision notices\ns 34A ins A2008-37 amdt 1.255\nam A2025-29 amdt 4.101\nApplications for review\ns 35 sub A2008-37 amdt 1.255\nam A2025-29 amdt 4.101\nSecrecy\ns 36 am A1998-54\nsub A2005-54 amdt 1.179\nApproved forms\ns 38 sub A2001-44 amdt 1.2274\nam A2006-42 amdt 3.83\nom A2021-12 amdt 3.64\nRegulation-making power\ns 39 ins A2001-44 amdt 1.2274\nam A2025-29 amdt 4.101\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.256\nDictionary\ndict ins A2005-20 amdt 3.178\nam A2008-37 amdt 1.257, amdt 1.258; A2009-20 amdt 3.104;\nA2009-49 amdt 3.100; A2011-22 amdt 1.262; A2011-52\namdt 1.5; A2015-33 amdt 1.122\ndef carer ins A2005-20 amdt 3.178\ndef caring service ins A2005-20 amdt 3.178\ndef inspector ins A2005-20 amdt 3.178\ndef intoxicated ins A2005-20 amdt 3.178\nam A2025-29 amdt 4.101\ndef licensed place ins A2005-20 amdt 3.178\ndef licensee ins A2005-20 amdt 3.178\ndef manager ins A2005-20 amdt 3.178\ndef prescribed ins A2005-20 amdt 3.178\ndef prohibited substance ins A2005-20 amdt 3.178\nom A2008-26 amdt 2.123\n\nEndnotes\nEarlier republications 5\nR20\n26/12/25\nIntoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndef public place ins A2005-20 amdt 3.178\ndef responsible person ins A2005-20 amdt 3.178\ndef reviewable decision ins A2008-37 amdt 1.259\ndef school ins A2005-20 amdt 3.178\ndef standard ins A2005-20 amdt 3.178\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1997-96 1 June 1998\n2 A2001-63 22 November 2001\n3 A2002-49 21 December 2002\n4 A2004-15 9 April 2004\n5 A2004-54 17 August 2004\n6 A2004-54 1 January 2005\n7 A2005-20 2 June 2005\n8 A2005-54 24 November 2005\n9* A2005-54 25 November 2005\n10 A2005-54 3 June 2006\n11 A2006-42 16 November 2006\n12 A2008-37 2 February 2009\n13 A2008-37 14 February 2009\n14 A2009-20 22 September 2009\n15 A2009-49 17 December 2009\n16 A2011-22 1 July 2011\n\nEndnotes\n5 Earlier republications\npage 36 Intoxicated People (Care and Protection) Act 1994\nEffective: 26/12/25\nR20\n26/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication No Amendments to Republication date\n17 A2011-52 12 December 2011\n18 A2015-33 14 October 2015\n19 A2021-12 23 June 2021\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond a narrow statutory power to remove intoxicated people in public into a fuller regulatory regime for privately or publicly run short-term caring services. Newer and amended provisions (collectively added over time) create a licensing framework (s 14), prescriptive operational requirements including staff first-aid certification (s 18), insurance and annual reporting (ss 19–20), powers for inspectors to enter and compel records (ss 27–30), and delegated standard-setting by the Minister (s 31). Those additions moved the instrument from primarily authorising police action to also regulating and supervising service providers, increasing administrative and compliance reach while remaining tied to the Act’s stated purpose of protecting intoxicated people."},"complexity_factors":["Multiple interconnected regimes: police detention regime (Part 2) and a separate licensing/regulatory regime for caring services (Part 3) that interact operationally (ss 4, 6, 14).","Definitions and cross-references to other statutes (Criminal Code, Legislation Act, Medicines, Poisons and Therapeutic Goods Act, ACAT procedures) increase interpretive workload (s 3A, dictionary).","Standards are disallowable instruments with publication requirements and apply to many operational aspects (s 31–33), adding a layer of delegated rule-making.","Several strict liability offences and mixed penalty types (penalty units, imprisonment) — e.g. unlicensed provision (s 14), failure to return licence (s 25), failing to comply with inspector (s 30).","Notice, consultation and review mechanics: 28-day submission periods for cancellations and emergency suspension procedures create conditional timelines (ss 21–23).","Inspector appointment and identity-card formalities with procedural dependencies for inspection powers (ss 27–29).","Secrecy provision with high penalties and broad coverage of 'protected information' (s 36) increases legal risk around record-keeping.","Schedule 1 lists multiple reviewable decisions routed to ACAT, requiring administrative record-keeping and procedural compliance (pt 6, schedule 1).","Multiple amendments over decades reflected in the Act (as recently as 2025) mean practitioners must track historical changes and current regulation settings."],"plain_english_summary":"**What this law does (mechanically)\n\n- Gives police explicit power to take an intoxicated person in a public place into custody if, on reasonable grounds, the person is disorderly, likely to cause injury or damage, or incapable of protecting themselves (s 4). The officer may detain the person only where there is no other reasonable alternative (s 4(2)).\n\n- Limits how long people may be held: release when no longer intoxicated or after 8 hours (whichever is earlier) and a person must not remain at the police station for longer than 12 hours (s 4(3)–(4)).\n\n- Allows police to search a detained person and take possession of articles; those articles must be returned when detention ends (s 5).\n\n- Allows a police officer to release a detained person into the care of the manager of a licensed place (a place approved under this Act to provide short-term care) and requires the officer to give the manager a written admission statement about the person (s 6, 6(1)–(2)). The officer may also pass on other helpful information (s 6(3)).\n\n- Enables licensed caring places (licensees, managers, carers) to admit intoxicated people for short-term care, subject to rules about searches, safekeeping of possessions and informing the intoxicated person of their rights (ss 6A–7, 6B–6D). A licence cannot be used to detain someone who objects to care (s 12).\n\n- Sets time limits for how long a person may remain in a licensed place (maximum 15 hours) and requires carers to contact police if a person who is a danger leaves or is about to leave (ss 11, 9). If medical treatment may be needed, carers must arrange transfer to an emergency department (s 10).\n\n- Requires people who provide caring services to be licensed (s 14). The Act sets out the application and grant process (ss 15–16), licence conditions (including staff holding approved first-aid certificates (s 18) and maintaining prescribed insurance (s 19)), annual reporting (s 20) and gives the Minister power to impose further reasonable conditions (s 21).\n\n- Creates an administrative compliance regime: the Minister can suspend licences immediately where there is an immediate risk (s 22), and can cancel licences after notice and a consultation period (ss 22–25). Licensees must return cancelled licences (s 25).\n\n- Authorises appointment of inspectors, gives them identity cards and inspection powers to enter licensed places, inspect records and require information (ss 27–29). Failure to comply with an inspector’s requirement is an offence (s 30).\n\n- Allows the Minister to make operational standards (disallowable instruments) about premises, equipment, operation, training, skills and information handling (s 31). The Minister must publish and make standards available (s 33).\n\n- Establishes secrecy obligations and criminal penalties for reckless recording or divulging of protected information obtained in the exercise of functions under the Act (s 36).\n\n- Provides internal administrative review rights: certain Ministerial decisions (suspension, cancellation, refusal of approval of first-aid providers, refusal of licence grant or conditions) are reviewable and may be appealed to the ACT Civil and Administrative Tribunal (Part 6 and Schedule 1).\n\n\nWho is affected and who decides\n\n- Who can detain: police officers (s 4). Police decide (on reasonable grounds) whether detention is necessary and whether to release into a licensed place (s 4, s 6).\n\n- Who provides care: private or community operators who obtain a licence (licensees) to run \"licensed places\" (s 14–16). The Minister decides whether to grant, condition, suspend or cancel licences (ss 16, 21–23).\n\n- Who inspects and enforces: inspectors appointed by the director-general inspect licensed places and enforce compliance (ss 27–30). The Minister makes standards (s 31) and publishes them (s 33).\n\n- Who pays: licensees bear the direct compliance costs — licensing application work, staff training (first-aid certificates, s 18), maintaining prescribed insurance (s 19), preparing annual reports (s 20), and meeting standards for premises and equipment (s 31). The public sector bears enforcement and oversight costs (police time, inspector activity, tribunal review). Where medical transfer is required, public hospital services may be used (s 10).\n\n\nWhy it matters (stated purpose and practical implications)\n\n- The Act’s stated purpose is to provide for the care and protection of intoxicated people. Mechanically, it does two things to achieve that: (1) gives police powers to remove and hold intoxicated people in public when required for safety (s 4–5); and (2) creates a regulated network of licensed short-term care services (licensed places) with rules about admission, treatment, record-keeping, staff training, inspection and oversight (Parts 2–5). The Act explicitly allows the Minister to make standards which operationalise those requirements (s 31).\n\n- Costs, incentives and trade-offs to note:\n  - Compliance costs for licensees are concrete: required first-aid qualifications for all staff/volunteers (s 18), prescribed insurance (s 19), record-keeping and annual reporting (s 20), and meeting standards for premises, equipment and training (s 31). These raise the fixed and operating costs of providing caring services.\n  - Ministerial discretion to set licence conditions and make standards centralises rule-making (ss 21, 31). That concentrates regulatory decisions with the executive and makes the standard-setting process a key lever for how strict or permissive operations will be. Standards are disallowable instruments, so they are subject to parliamentary disallowance (s 31(3) and s 33), but their initial form is set administratively.\n  - Police discretion is high: detention requires \"reasonable grounds\" that the person is intoxicated and needs care (s 4(1)), and that there is no other reasonable alternative (s 4(2)). That creates operational variability depending on how officers interpret \"reasonable grounds\" and on availability of licensed places.\n  - The Act imposes criminal penalties and strict liability offences for some breaches (for example, providing a caring service without a licence (s 14) and failing to return a licence after cancellation (s 25)). Strict liability reduces the burden of proof on regulators but increases legal risk for providers for administrative failures.\n  - The Act protects carers, managers and licensees from civil proceedings for actions honestly done under the Act (s 13). That reduces civil litigation risk for staff acting in good faith, while retaining criminal and administrative accountability.\n  - Information-handling is regulated with a secrecy offence that carries penalty units and possible imprisonment (s 36). This creates compliance costs for record-keeping and data handling but aims to protect privacy.\n\n\nPractical implementation risks and likely behavioural effects\n\n- Discretion-driven variability: Police judgments about detention and release, and Ministerial discretion over licence conditions and standards, mean application can differ across officers, places and over time (ss 4, 21, 31). That raises risks of inconsistent treatment unless guidance/standards are precise.\n\n- Market effects on service providers: Licensing, training and insurance requirements raise barriers to entry. That will limit supply to operators able to meet regulatory requirements, concentrate providers and raise per-service costs. Those costs will be borne by licensees and potentially passed on if services are funded or charged for.\n\n- Substitution and opportunity costs: where no licensed place is available, police may keep people in custody for shorter periods or transfer to hospital (s 10), or rely on informal family or friends—practical outcomes will depend on supply of licensed places and available public transport/social supports.\n\n- Administrative burden and enforcement workload: the Act creates inspection and reporting obligations (ss 27–30, 20), plus reviewable-decision processes (pt 6). These require administrative resourcing by regulator, inspectors and the tribunal system.\n\n\nKey sections to consult quickly\n\n- Detention and release: s 4; police search and possessions: s 5.\n- Transfer to licensed place and admission statement: s 6.\n- Admission/search rules for licensed places: ss 6A–6D.\n- Licence requirement and penalties: s 14; application and grant: ss 15–16.\n- Staff training requirement (first-aid): s 18; insurance: s 19; annual reports: s 20.\n- Standards and publication: ss 31–33.\n- Inspectors and inspection powers: ss 27–29; compliance offences: s 30.\n- Secrecy and protected information: s 36.\n- Reviewable decisions and ACAT review: pt 6 and schedule 1.\n\n"},"issue_detection":{"absurdities":[{"type":"other","section":"25(1)(a), 34 and 34A","severity":"high","reasoning":"The offence in section 25(1) depends on the licensee receiving a cancellation notice “under section 34(1)”. The supplied section 34 neither authorises nor requires any notice and contains no numbered subsection. No supplied text makes a section 34(1) notice possible.","confidence":1,"description":"Section 25(1)(a) makes receipt of a notice under section 34(1) the trigger for returning a cancelled licence, but section 34 has no subsection (1) and only defines “reviewable decision”. It creates no notice. Section 34A separately requires reviewable decision notices. The stated trigger therefore cannot occur as written.","source_quotes":["the licensee receives a notice under section 34 (1) of the cancellation of the licence for a place;","In this part:\nreviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.","If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision."]}],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope. While there have been amendments over 30 years (including renaming from 'Intoxicated Persons' to 'Intoxicated People' in 2005, adding transgender/intersex search protections in 2004, and updating review mechanisms in 2008), these appear to be refinements and modernisations rather than scope creep. The core purpose remains: providing a framework for police to detain and transfer intoxicated people to licensed care facilities. The 2025 amendments appear to be minor updates to standards-making powers."},"complexity_factors":["Moderate length (39 sections plus dictionary and schedules)","15 defined terms in the dictionary, with some terms (like 'intoxicated') having specific statutory meanings that differ from everyday usage","Cross-references to other ACT legislation including the Criminal Code, Legislation Act, Medicines Poisons and Therapeutic Goods Act, and Education Act","Multiple procedural steps for licensing with different requirements for individuals, corporations, and incorporated associations","Conditional logic in detention powers (police must be satisfied no reasonable alternative exists, and multiple release triggers)","Nested conditions for searches (same-sex requirements with specific provisions for transgender and intersex persons)","Reviewable decisions framework requiring reference to Schedule 1 for decision types and affected entities","Strict liability offences mixed with fault-based offences (requiring knowledge of Criminal Code application)","Emergency and non-emergency cancellation procedures with different notice periods and procedural requirements"],"plain_english_summary":"This law establishes a framework for safely managing people who are intoxicated in public and can’t care for themselves, allowing police to detain and transfer them to licensed sobering-up care facilities rather than leaving them on the street or in cells. It sets licensing, operational and oversight requirements for those facilities, safeguards individuals’ rights (including the ability to leave and privacy protections), and aims to balance community safety with humane treatment of vulnerable intoxicated people."}},"importantCases":[],"_links":{"self":"/api/acts/intoxicated-people-care-and-protection-act-1994","history":"/api/acts/intoxicated-people-care-and-protection-act-1994/history","analysis":"/api/acts/intoxicated-people-care-and-protection-act-1994/analysis","conflicts":"/api/acts/intoxicated-people-care-and-protection-act-1994/conflicts","importantCases":"/api/acts/intoxicated-people-care-and-protection-act-1994/important-cases","documents":"/api/acts/intoxicated-people-care-and-protection-act-1994/documents"}}