{"id":"public-intoxication-act-1984","name":"Public Intoxication Act 1984","slug":"public-intoxication-act-1984","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106448,"registerId":"sa-public-intoxication-act-1984-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Intoxication Act 1984","content":"South Australia\nPublic Intoxication Act 1984\nAn Act to provide for the apprehension and care of persons found in a public place under the influence of a drug; and to provide for other incidental matters.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tObjects and guiding principles\n4\tInterpretation\n5\tAdministrative provisions\n6\tApplication of Act\nPart 2—Apprehension and care of persons under the influence of a drug\n7\tApprehension of intoxicated persons\n8\tApplication for declaration\n9\tTransfer of persons detained in sobering-up centres\nPart 3—Miscellaneous\n10\tCustody of persons detained\n11\tOffence of ill-treating or neglecting persons detained\n12\tOffence to remove or aid escape of detained person\n13\tImmunity relating to official powers or functions\n15\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Public Intoxication Act 1984.\n2—Objects and guiding principles\n\t(1)\tThe object of this Act is—\n\t(a)\tto promote the minimisation of harm that may befall a person in a public place as a result of a person's intoxication; and\n\t(b)\tfor that purpose, to confer appropriately limited powers—\n\t(i)\tto remove an intoxicated person from a public place in which the person is vulnerable or may become a threat; and\n\t(ii)\tto take the person to a place of safety until the person is recovered.\n\t(2)\tIn the performance of their functions under this Act, the Minister, police officers, authorised officers and other persons or bodies involved in the administration of this Act are to be guided by the following principles:\n\t(a)\tprimary concern is to be given to the health and well‑being of a person apprehended under this Act;\n\t(b)\ta person detained under this Act should, where practicable, be detained in a place other than a police station.\n4—Interpretation\nIn this Act, unless the contrary intention appears:\nauthorised officer means a person appointed as an authorised officer for the purposes of this Act;\nchild means a person under the age of 18 years;\nclose personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—\n\t(a)\tthe relationship between a legally married couple; or\n\t(b)\ta relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;\nNote—\nTwo persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.\ndomestic partner—a person is the domestic partner of another if the person lives with the other in a close personal relationship;\ndrug includes alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning;\nofficer in charge, in relation to a police station, means the police officer for the time being in charge of the police station;\nperson in charge, in relation to a sobering-up centre, means the person for the time being in charge of the sobering-up centre;\npublic place includes—\n\t(a)\ta place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and\n\t(b)\ta place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and\n\t(c)\ta road, street, footway, court, alley or thoroughfare which the public are allowed to use, despite the fact that the road, street, footway, court, alley or thoroughfare is on private property;\nrelative, in relation to a person, means father, mother, stepfather, stepmother, guardian, spouse, domestic partner, son, daughter, grandparent, grandchild, brother, sister, stepbrother or stepsister of that person, or brother or sister of a parent of that person;\nresponsible officer, in relation to a police station, means—\n\t(a)\tthe officer in charge of the police station; or\n\t(b)\tif a police officer has, for the time being, been designated by the officer in charge of the police station as the officer with responsibility for persons accepted into custody at the police station—that officer;\nsobering-up centre means premises declared to be a sobering-up centre for the purposes of this Act;\nspouse—a person is the spouse of another if they are legally married.\n5—Administrative provisions\n\t(1)\tThe Governor may, by proclamation, declare premises that have facilities for the care and treatment of persons under the influence of a drug to be a sobering‑up centre for the purposes of this Act.\n\t(2)\tThe Governor may, by proclamation, vary or revoke any proclamation under this section.\n\t(3)\tThe Minister may, by instrument in writing, appoint such number of persons to be authorised officers for the purposes of this Act as the Minister thinks necessary or desirable for the proper administration of this Act.\n6—Application of Act\nThis Act applies in relation to any person, whether child or adult.\nPart 2—Apprehension and care of persons under the influence of a drug\n7—Apprehension of intoxicated persons\n\t(1)\tIf a police officer or an authorised officer has reasonable grounds to believe that—\n\t(a)\ta person who is in a public place is under the influence of a drug; and\n\t(b)\tby reason of that fact, the person is unable to take proper care of himself or herself,\nthe police officer or authorised officer may apprehend that person.\n\t(2)\tThe police officer or authorised officer—\n\t(a)\tmay exercise such force as is reasonably necessary to apprehend a person under this section; and\n\t(b)\tmay search the person apprehended for the purpose of removing any object that may be a danger to that person or to others and remove and take custody of any such object and any valuable object found on that person.\n\t(3)\tIf a police officer or an authorised officer has apprehended a person under subsection (1), the officer must take that person as soon as reasonably practicable—\n\t(a)\tto the place of residence, if any, at which the apprehended person is permanently or temporarily residing and there release the person from custody; or\n\t(b)\tto a place for the time being approved by the Minister for the purposes of this paragraph and there release the person from custody; or\n\t(c)\tto a police station; or\n\t(d)\tto a sobering‑up centre for admission as a patient.\n\t(4)\tIf a person apprehended under this section is taken to a police station, the responsible officer for the police station may detain the person and give such directions to that person as are reasonably necessary for that purpose but must, before the expiration of the period of 12 hours from the time of apprehension—\n\t(a)\tdischarge the person if the person has, in the opinion of the responsible officer, so recovered from the effects of the drug as to be able to take care of himself or herself; or\n\t(b)\tif not, cause the person to be transferred to a sobering‑up centre for admission as a patient.\n\t(5)\tIf a person apprehended under this section is taken to a sobering‑up centre and admitted as a patient, the person may be detained at the centre by the person in charge of the centre but must be discharged—\n\t(a)\tif the person has, in the opinion of the person in charge, so recovered from the effects of the drug as to be able to take care of himself or herself; or\n\t(b)\tin any case, before the expiration of the period of 18 hours from the time of apprehension of the person.\n\t(6)\tIf a person apprehended under this section is taken to a police station and detained there, or is taken to a sobering-up centre and admitted as a patient, any object removed from the apprehended person must be returned to the person on, or before, the person's discharge except where the person indicates that the person does not desire the return of any such object.\n\t(7)\tIf a child is detained under this section, the person by whom the child is detained must, as soon as practicable after the commencement of the detention, notify a parent or other guardian of the child that the child has been so detained, unless—\n\t(a)\tthe whereabouts of every such parent or guardian is, after reasonable enquiries, unknown; or\n\t(b)\tit is not, in the circumstances of the case, reasonably practicable to give such a notification.\n\t(8)\tIf a person (including a child) is detained under this section, the officer by whom the person is detained must allow the person a reasonable opportunity to communicate with a solicitor, relative or friend.\n\t(9)\tDespite any other provision of this section, if—\n\t(a)\ta solicitor acting on behalf of a person detained in a police station under this section, or a relative or friend of a person so detained, requests that the person be discharged into the care of the solicitor, relative or friend; and\n\t(b)\tthe responsible officer for the police station is satisfied that the solicitor, relative or friend is able and willing to care properly for that person,\nthat person must be discharged into the care of the solicitor, relative or friend.\n\t(10)\tIf a child is detained in a police station under this section, the responsible officer for the station must take such steps as are reasonably practicable to keep the child from coming into contact with any adult person detained in the station.\n\t(11)\tNothing in this section prevents a responsible officer for a police station or a person in charge of a sobering-up centre from discharging at any time a person detained under this section for the purpose of receiving medical attention or treatment.\n8—Application for declaration\n\t(1)\tA person may, before the expiration of 30 days of being discharged from a police station or a sobering‑up centre, apply to the Magistrates Court for a declaration that, at the time the person was being detained under this Part, the person was not under the influence of a drug.\n\t(2)\tIf the Court is satisfied that the applicant was not under the influence of a drug at the time he or she was detained, the Court may make a declaration accordingly.\n\t(3)\tIn any proceedings under this section, the person by whom the applicant was detained, and the person by whom the applicant was apprehended, are entitled to appear.\n\t(4)\tA declaration made under this section in relation to the detention of a person does not establish that the detention was unlawful.\n9—Transfer of persons detained in sobering-up centres\nA person detained in a sobering-up centre under this Part may be transferred to another sobering-up centre during the course of the detention if the persons in charge of the centres mutually agree to the transfer.\nPart 3—Miscellaneous\n10—Custody of persons detained\n\t(1)\tA person who has been detained will, until discharged in accordance with this Act, be taken to be in lawful custody—\n\t(a)\twhile kept in the police station or sobering‑up centre under this Act; or\n\t(b)\twhile in the custody of a person in whose charge the person is placed by the responsible officer for the police station, or by the person in charge of the sobering‑up centre, as the case may be.\n\t(2)\tIf a police officer or an authorised officer has reasonable cause to believe that a person detained under this Act has escaped from lawful custody, the officer may apprehend the person at any time without warrant and return the person to the place in which the person was being detained.\n11—Offence of ill-treating or neglecting persons detained\n\t(1)\tA person having the oversight, care or control of a person detained under this Act who ill‑treats or wilfully neglects that person is guilty of an offence.\nMaximum penalty: $2 000 or imprisonment for 1 year.\n\t(2)\tNothing in subsection (1) affects or prejudices the operation of any other Act or law in relation to a person who commits an offence against that subsection.\n12—Offence to remove or aid escape of detained person\nA person who, without lawful excuse—\n\t(a)\tremoves a person detained under this Act from the place in which the person is being detained, or from the lawful custody of another person; or\n\t(b)\taids a person so detained to escape from that place or that custody,\nis guilty of an offence.\nMaximum penalty: $2 000 or imprisonment for 1 year.\n13—Immunity relating to official powers or functions\n\t(1)\tSubject to this Act, no civil liability attaches to an authorised officer for an act or omission in the exercise or purported exercise of official powers or functions.\n\t(2)\tAn action that would, but for subsection (1), lie against a person lies instead against the Crown.\n\t(3)\tThis section does not prejudice rights of action of the Crown in respect of an act or omission of a person not in good faith.\n15—Regulations\nThe Governor may make such regulations as are contemplated by, or are necessary or expedient for the purposes of, this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\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.\nLegislation repealed by principal Act\nThe Public Intoxication Act 1984 repealed the following:\nAlcohol and Drug Addicts (Treatment) Act 1961\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1984\n47\nPublic Intoxication Act 1984\n24.5.1984\n3.9.1984 (Gazette 30.8.1984 p694)\n2006\n43\nStatutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 70 (s 180)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 127 (s 289)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n49\nStatutes Amendment (Police) Act 2013\n24.10.2013\nPt 4 (ss 20—22)—1.9.2014 (Gazette 26.6.2014 p3021)\n2016\n51\nPublic Intoxication (Review Recommendations) Amendment Act 2016\n10.11.2016\n1.3.2017 (Gazette 28.2.2017 p692)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\n\namended by 51/2016 s 4\n1.3.2017\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 2\ninserted by 51/2016 s 5\n1.3.2017\ns 3 before deletion by 51/2016\n\n\ns 3(1)\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\ndeleted by 51/2016 s 5\n1.3.2017\ns 4\n\n\nchild\namended by 51/2016 Sch 1\n1.3.2017\nclose personal relationship\ninserted by 43/2006 s 180(1)\n1.6.2007\ndomestic partner\ninserted by 43/2006 s 180(1)\n1.6.2007\n\namended by 51/2016 Sch 1\n1.3.2017\ndrug\nsubstituted by 51/2016 s 6(1)\n1.3.2017\nofficer in charge\namended by 49/2013 s 20(1)\n1.9.2014\npublic place\ninserted by 51/2016 s 6(2)\n1.3.2017\nrelative\namended by 43/2006 s 180(2)\n1.6.2007\nresponsible officer\ninserted by 49/2013 s 20(2)\n1.9.2014\nspouse\nsubstituted by 43/2006 s 180(3)\n1.6.2007\ns 5\n\n\ns 5(1)\nsubstituted by 51/2016 s 7\n1.3.2017\ns 5(3)\namended by 51/2016 Sch 1\n1.3.2017\nPt 2\n\n\nheading\namended by 51/2016 s 8\n1.3.2017\ns 7\n\n\ns 7(1)\namended by 49/2013 s 21(1)\n1.9.2014\n\nsubstituted by 51/2016 s 9(1)\n1.3.2017\ns 7(2)\namended by 49/2013 s 21(2)\n1.9.2014\ns 7(3)\namended by 49/2013 s 21(3)\n1.9.2014\n\nsubstituted by 51/2016 Sch 1\n1.3.2017\ns 7(4)\namended by 49/2013 s 21(4), (5)\n1.9.2014\n\nsubstituted by 51/2016 s 9(2)\n1.3.2017\ns 7(5)\nsubstituted by 51/2016 s 9(2)\n1.3.2017\ns 7(6)—(8)\namended by 51/2016 Sch 1\n1.3.2017\ns 7(9)\namended by 49/2013 s 21(6)\n1.9.2014\n\namended by 51/2016 Sch 1\n1.3.2017\ns 7(10)\namended by 49/2013 s 21(7)\n1.9.2014\n\namended by 51/2016 Sch 1\n1.3.2017\ns 7(11)\namended by 49/2013 s 21(8)\n1.9.2014\n\namended by 51/2016 Sch 1\n1.3.2017\ns 8\n\n\ns 8(1) and (2)\nsubstituted by 51/2016 s 10\n1.3.2017\ns 8(3)\namended by 51/2016 Sch 1\n1.3.2017\ns 9\namended by 51/2016 Sch 1\n1.3.2017\nPt 3\n\n\ns 10 before substitution by 51/2016\n\n\ns 10(1)\namended by 49/2013 s 22(1)\n1.9.2014\ns 10(2)\namended by 49/2013 s 22(2)\n1.9.2014\ns 10\nsubstituted by 51/2016 Sch 1\n1.3.2017\ns 11\n\n\ns 11(1)\namended by 51/2016 Sch 1\n1.3.2017\ns 12\nsubstituted by 51/2016 Sch 1\n1.3.2017\ns 13\ndeleted by 84/2009 s 289\n1.2.2010\ns 13\ninserted by 51/2016 s 11\n1.3.2017\ns 14\ndeleted by 51/2016 s 11\n1.3.2017\nHistorical versions\n1.6.2007\n\n1.2.2010\n\n1.9.2014\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — no legislative text was provided. The document returned was an error page from the South Australian legislation website, not the Act itself."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 error","Cannot assess actual complexity of the Act without access to its text","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Public Intoxication Act 1984* (SA) returned a **404 Page Not Found error** from the South Australian legislation website. This appears to be because bookmarks or hyperlinks created before 24 March 2026 may be incompatible with the website's current structure.\n\n**What we can say generally:** The *Public Intoxication Act 1984* is a South Australian law that historically governed how police and authorities dealt with people found drunk in public places. It has undergone significant reform over the decades, including moves away from criminalising public drunkenness toward health-based responses.\n\n**To access the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Act by name."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act’s core purpose—authorising apprehension and short‑term care of intoxicated persons in public—remains the same as its original intent. Later amendments (notably in 2006, 2013 and the 2016 review‑led changes brought into force in 2017) clarified and modernised definitions (for example explicitly defining ‘drug’ to include alcohol, and updating family/partner definitions), adjusted procedural detail (places of detention, detention time limits and responsible‑officer roles), and introduced or updated immunities and safeguards. Those changes refine and regulate implementation but do not expand the statute’s function significantly beyond its original, narrowly focused purpose of temporary apprehension and care (see ss 4, 5, 7, 8, 11–13 and legislative history)."},"complexity_factors":["About 12 defined terms in the interpretation section (authorised officer; child; close personal relationship; domestic partner; drug; officer in charge; person in charge; public place; relative; responsible officer; sobering‑up centre; spouse) (s 4).","Multiple discrete detention pathways and conditional time limits (police station = max 12 hours; sobering‑up centre = max 18 hours) with transfer options (s 7(3)–(5)).","Several operational decision points vested in different actors (police/authorised officers decide to apprehend; responsible officer decides detention/transfer; person in charge decides discharge; Minister/Governor appoint/declare) (s 5; s 7).","Statutory immunity that shifts civil claims to the Crown with a bad‑faith carve‑out (s 13).","A short judicial review (Magistrates Court declaration) that does not invalidate detention—creates a limited, non‑standard remedy (s 8).","Criminal offences and penalties tied to caretaking and interference with custody (ss 11–12).","Cross‑references to executive instruments: Governor’s proclamations (sobering‑up centres), Ministerial appointments and regulations (ss 5, 15).","Legislative history shows multiple substantive amendments over time (2006, 2009, 2013, 2016) with substitutions to definitions and procedural provisions, increasing interpretive complexity."],"plain_english_summary":"**What this law does (mechanics)**\n\n- Empowers police officers and specially appointed \"authorised officers\" to pick up (apprehend) a person who is in a public place and, because they are under the influence of a drug (the Act expressly includes alcohol) is unable to take proper care of themselves (s 7(1); s 4).\n\n- Allows reasonable force and a search for dangerous objects when apprehending someone (s 7(2)).\n\n- Requires the officer who apprehends the person to take them, as soon as reasonably practicable, to one of four places: the person’s residence (if any), an approved place, a police station, or a declared sobering‑up centre (s 7(3)).\n\n- Places strict time limits and options for detention: if taken to a police station the responsible officer must either discharge the person if they have recovered or, within 12 hours from apprehension, transfer them to a sobering‑up centre (s 7(4)); if admitted to a sobering‑up centre the person must be discharged when recovered or in any case within 18 hours of apprehension (s 7(5)).\n\n- Requires return of objects removed on search when the person is discharged, unless the person declines return (s 7(6)).\n\n- Builds in basic safeguards: prompt notification of a detained child’s parent/guardian where practicable (s 7(7)); a detained person must have a reasonable opportunity to contact a solicitor, relative or friend (s 7(8)); a person may be discharged into the care of a solicitor/relative/friend where the responsible officer is satisfied that person can care for them (s 7(9)); children held in police stations must be kept separate from adult detainees where reasonably practicable (s 7(10)); medical treatment may be arranged at any time (s 7(11)).\n\n- Provides a short court remedy: within 30 days after discharge an ex‑detainee may apply to the Magistrates Court for a declaration that they were not under the influence at the time of detention; if the Court so finds it may make that declaration, but the declaration does not automatically make the detention unlawful (s 8).\n\n- Permits transfer between sobering‑up centres by mutual agreement of the persons in charge (s 9).\n\n- Treats a detained person as in lawful custody until released under the Act and gives police power to recapture someone who has escaped from that custody (s 10).\n\n- Creates offences with penalties for ill‑treating or wilfully neglecting a detained person and for removing or helping a detained person escape (maximum penalties stated in ss 11–12).\n\n- Limits civil liability for authorised officers acting in the exercise (or purported exercise) of official powers, by shifting most claims to the Crown; the Crown’s rights against bad‑faith actors are preserved (s 13).\n\n- Provides for the Governor to declare premises to be sobering‑up centres and for the Minister to appoint authorised officers; regulations may be made (s 5; s 15).\n\n**Who this affects**\n\n- People found in public places who are substantially intoxicated and unable to care for themselves (s 7).\n- Police and any persons the Minister appoints as authorised officers; responsible officers at police stations; persons in charge of sobering‑up centres (s 5(3); s 4 definitions).\n- Owners or operators of premises that may be proclaimed (by the Governor) as sobering‑up centres (s 5(1)).\n- Relatives, solicitors or friends who may be asked to take custody of the detained person (s 7(8)–(9)).\n\n**Why it matters (practical effect and trade‑offs)**\n\n- The Act trades a short, legally authorised restriction on liberty for a targeted public‑health/safety intervention: a detained person can be held without criminal charge, but only for limited periods (12 hours in police custody, 18 hours in a sobering‑up centre) and only where an officer reasonably believes the person cannot care for themselves (s 7(1), (4)–(5)).\n\n- Decision power is concentrated in frontline officers and the person in charge of a centre (who assess recovery and discharge), and in the Minister/Governor for appointments and facility declarations (s 5; s 7). Those discretionary judgments create the most immediate operational risk (e.g. differences in assessment of ‘‘recovered’’; see s 7(4)–(5)).\n\n- Compliance and administrative costs fall mainly on the public sector: policing, staffing and operating sobering‑up centres, notification duties for detained children, and record‑keeping around transfers and returns of property (s 5; s 7(6)–(7); s 9). If non‑government premises are declared as centres, owners/operators may incur costs and contractual obligations.\n\n- The Act creates limited civil‑liability protection for officers (claims generally lie against the Crown) which reduces individual liability risk for authorised officers but preserves Crown exposure and claims where conduct is not in good faith (s 13). This shifts the financial exposure from individuals to the public purse while keeping a criminal sanction for ill‑treatment (s 11).\n\n- Effects on private enterprise are indirect: the Act does not regulate commercial prices, competition or contracts directly. It may, however, create demand for sobering‑up services and affect businesses that host intoxicated patrons because police and authorised officers can remove persons from public places (s 7; definition of public place at s 4).\n\n**Concrete implementation and potential points of friction**\n\n- The main operational levers are the power to apprehend (s 7(1)–(3)); the statutory limits on detention (s 7(4)–(5)); and the appointment/declaring powers (s 5). Disputes are likely to arise about whether the officer had \"reasonable grounds\" and about the adequacy of a proposed carer when the responsible officer discharges someone into private care (s 7(1), (9)).\n\n- The Court declaration procedure (s 8) provides a quick review mechanism but expressly does not itself convert detention into an unlawful detention finding; that limits remedies available to people who claim wrongful detention and may encourage civil claims rather than criminal prosecutions.\n\n(References in parentheses are to the sections of the Act cited.)"},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing for the apprehension and care of intoxicated persons in public places. While amendments have modernised definitions (adding 'domestic partner', updating police procedures, inserting guiding principles in 2016), these are refinements rather than scope expansion. The 2016 amendments added explicit objects and principles but did not extend the Act's reach beyond protective custody for public intoxication."},"complexity_factors":["Straightforward structure with only 3 Parts and 15 sections (with some sections deleted/renumbered over time)","13 defined terms in the interpretation section, most with clear, plain-language definitions","Minimal cross-referencing between sections—primarily internal references within Part 2","Simple conditional logic: if-then apprehension powers with clear time limits (12 hours police station, 18 hours sobering-up centre)","No nested exceptions or complex provisos—exceptions are clearly marked with 'unless' clauses","Legislative history shows incremental amendments (domestic partner recognition in 2006, police procedures in 2013, major review recommendations in 2016) but core scheme remains unchanged","No complex mathematical formulas, deeming provisions, or regulatory delegation beyond standard regulation-making power"],"plain_english_summary":"This South Australian law allows police and specially appointed 'authorised officers' to take intoxicated people into protective custody when they're found in public places and unable to look after themselves.\n\n**What it does:**\n- **Removes vulnerable people from harm's way**: Officers can apprehend someone who is drunk or drug-affected in a public place if that person can't take proper care of themselves.\n- **Takes them to a safe place**: The person can be taken home, to an approved facility, a police station, or a 'sobering-up centre' (a dedicated facility for people to recover from intoxication).\n- **Limits detention time**: People can be held at a police station for up to 12 hours, or at a sobering-up centre for up to 18 hours, unless they recover sooner.\n- **Protects their rights**: Detained people must be allowed to contact a lawyer, relative or friend. Children must be kept separate from adult detainees, and parents must be notified.\n- **Provides a way to challenge detention**: Within 30 days of release, a person can apply to the Magistrates Court for a declaration that they weren't actually intoxicated at the time (though this doesn't make the detention unlawful).\n\n**Who it affects:**\n- Anyone found intoxicated in a public place in South Australia who can't care for themselves\n- Police officers and authorised officers who carry out apprehensions\n- Staff at sobering-up centres\n- Family members and friends who may take custody of detained persons\n\n**Why it matters:**\nThis law treats public intoxication as a health and safety issue rather than a crime. It aims to prevent harm—such as accidents, assaults, or exposure—by getting vulnerable people off the streets and into care until they sober up. It also includes safeguards against mistreatment and ensures people can challenge their detention if they believe it was unjustified."}},"importantCases":[],"_links":{"self":"/api/acts/public-intoxication-act-1984","history":"/api/acts/public-intoxication-act-1984/history","analysis":"/api/acts/public-intoxication-act-1984/analysis","conflicts":"/api/acts/public-intoxication-act-1984/conflicts","importantCases":"/api/acts/public-intoxication-act-1984/important-cases","documents":"/api/acts/public-intoxication-act-1984/documents"}}