{"id":"volatile-substance-abuse-prevention-act-2005","name":"Volatile Substance Abuse Prevention Act 2005","slug":"volatile-substance-abuse-prevention-act-2005","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30634,"registerId":"nt-volatile-substance-abuse-prevention-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Volatile Substance Abuse Prevention Act 2005","content":"NORTHERN TERRITORY OF AUSTRALIA\nVOLATILE SUBSTANCE ABUSE PREVENTION ACT 2005\nAs in force at 1 July 2021\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objects ............................................................................................ 1\n4 Definitions ........................................................................................ 2\n5 Minister may declare volatile substance .......................................... 5\n6 Not offence to inhale or possess volatile substance or inhalant ...... 5\nPart 2 Preventing inhalation of volatile\nsubstances and protecting health and\nsafety of persons\nDivision 1 General provisions relating to exercise of\npowers\n7 Police power not in derogation of other powers ............................... 5\n8 Where power may be exercised ...................................................... 6\n9 No warrant required ......................................................................... 6\n10 Reasonable force may be used ....................................................... 6\n11 Manner of giving information ........................................................... 6\n12 Records to be kept .......................................................................... 6\nDivision 2 Powers of search and seizure\n13 Search for and seizure of volatile substance or inhalant ................. 6\n14 Procedures before searching for volatile substance or inhalant ...... 7\n15 Disposal etc. of volatile substance or inhalant ................................. 8\nDivision 3 Powers of apprehension\n16 Definitions ........................................................................................ 8\n17 Meaning and effect of apprehension of person................................ 8\n18 Interests of apprehended person and welfare of children ................ 9\n19 When person may be apprehended ................................................ 9\n20 Procedures when apprehending person ........................................ 10\n21 Taking person to place of safety or responsible adult.................... 10\n22 When person may be released or taken into protective\ncustody .......................................................................................... 10\n\nVolatile Substance Abuse Prevention Act 2005 ii\nDivision 4 Protective custody\n23 Definitions ...................................................................................... 11\n24 Child not to be kept in police station cell ........................................ 11\n25 Searching apprehended person .................................................... 11\n26 Period of protective custody .......................................................... 12\n27 Release from protective custody ................................................... 12\n28 Continued protective custody ........................................................ 12\n29 Application to justice of the peace for release ............................... 14\n30 Informing parent or guardian of child's release to another\nperson ........................................................................................... 14\nPart 3 Treatment orders for persons at risk of\nsevere harm\nDivision 1 Preliminary matters\n31 Assessors ...................................................................................... 14\n31A Treatment program ........................................................................ 15\n32 Powers not in derogation of other powers ..................................... 15\nDivision 2 Assessment of persons believed to be at risk\n33 Assessment application ................................................................. 16\n34 Assessment and report .................................................................. 16\n35 Decision after considering assessment report ............................... 18\nDivision 3 Matters relating to treatment orders\n36 Application for treatment order ...................................................... 18\n37 Application for order in connection with treatment order................ 19\n38 Notice of application ...................................................................... 19\n39 Hearing of application .................................................................... 20\n40 Jurisdiction and procedure of Court ............................................... 21\n41 Treatment order ............................................................................. 22\n41A Application for treatment warrant ................................................... 22\n41B Issuing treatment warrant .............................................................. 23\n41C Executing treatment warrant .......................................................... 23\nPart 4 Community management of possession,\nsupply and use of volatile substances\nDivision 1 Preliminary matters\n42 Interpretation ................................................................................. 24\n43 Declaration that area must not be management area.................... 25\n\nVolatile Substance Abuse Prevention Act 2005 iii\nDivision 2 Management areas\n44 Application for declaration of management area ........................... 25\n45 Meeting about proposed management area .................................. 25\n46 Application may be varied or withdrawn ........................................ 26\n47 Decision to declare or refuse to declare management area .......... 26\n48 Publication of notice of declaration ................................................ 27\nDivision 3 Management plans\n49 Management plan for each management area .............................. 28\n50 Preparation and approval of management plan ............................. 28\n51 Amendment or replacement of management plan ......................... 29\nPart 5 Offences and confidentiality\nDivision 1 Offences\n52 Unlawful supply of volatile substances .......................................... 29\n53 Contravention of management plan............................................... 30\nDivision 2 Confidentiality\n54 Definitions ...................................................................................... 30\n55 Informer's identity confidential ....................................................... 30\n56 Protection in proceedings of informer's identity etc........................ 30\n57 Protection in proceedings of report by or to police officer .............. 31\n58 When information may be disclosed .............................................. 31\n59 Court may prohibit publication of proceedings ............................... 31\nPart 6 Administration\nDivision 1 Administration for Part 2\n60 Authorised person ......................................................................... 32\n61 Identity card for authorised person ................................................ 32\n62 Guidelines for exercise of powers by authorised person ............... 33\n63 Declaration of place of safety ........................................................ 33\nDivision 2 Administration for Part 3\n64 Approval of form of request and information .................................. 33\n65 Approval of employees who may make requests .......................... 34\n66 Authorised officer........................................................................... 34\nDivision 3 General administration\n67 Delegations.................................................................................... 34\n68 Protection from liability .................................................................. 35\n\nVolatile Substance Abuse Prevention Act 2005 iv\nPart 7 Miscellaneous\n69 Regulations.................................................................................... 35\n70 Regulations may incorporate other instruments ............................ 36\nPart 8 Transitional matters for Volatile Substance\nAbuse Prevention Amendment Act 2009\n71 Definitions ...................................................................................... 36\n72 Request for treatment order undecided by Minister ....................... 36\n73 Court applications undecided under repealed provisions .............. 37\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 July 2021\n____________________\nVOLATILE SUBSTANCE ABUSE PREVENTION ACT 2005\nAn Act to provide for the prevention of volatile substance abuse and the\nprotection of individuals and communities from harm resulting from\nvolatile substance abuse, and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Volatile Substance Abuse Prevention\nAct 2005.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Objects\n(1) The objects of this Act are to support child, family and social\nwelfare and improve the health of people in the Territory by\nproviding a legislative framework for:\n(a) the prevention of volatile substance abuse; and\n(b) the protection of persons, particularly children, from harm\nresulting from volatile substance abuse.\n(2) The framework enables the following actions to be taken to achieve\nthe objects:\n(a) the seizure and disposal of volatile substances that are being\nabused;\n(b) the relocation to places of safety, or to responsible adults, of\npersons abusing volatile substances who may pose a risk to\nthe health and safety of themselves or others;\n(c) the making of orders that persons at risk of severe harm as a\nresult of abuse of volatile substances must participate in\ntreatment programs;\n\nPart 1 Preliminary matters\nVolatile Substance Abuse Prevention Act 2005 2\n(d) the making of management plans relating to the possession,\nsupply and use of volatile substances in certain communities;\n(e) the prosecution of persons for the unlawful supply of volatile\nsubstances;\n(f) the protection of persons who give information to police\nofficers about the commission of offences against this Act.\n4 Definitions\nIn this Act:\nabuse, of a volatile substance, means the misuse of the substance\nby deliberately inhaling it to become intoxicated.\nadult means a person who is 18 or more years of age.\napplicant, in relation to an application made under section 36(1)\nor 37(1) means the Chief Health Officer or a person to whom the\nChief Health Officer has delegated the power to make the\napplication.\napplication, for:\n(a) Part 3, Division 3 – means an application made under\nsection 36(1) or 37(1); or\n(b) Part 4 – see section 42(1).\napprehended person means a person apprehended under Part 2,\nDivision 3.\narea, for Part 4, see section 42(1).\nassessment, see section 34(6).\nassessment applicant means a person who has made an\nassessment application.\nassessment application means an application made under\nsection 33.\nassessment report means a report mentioned in section 34(1)(c).\nassessor means a person appointed to be an assessor under\nsection 31(1).\nauthorised officer means a person appointed to be an authorised\nofficer under section 66 or a police officer.\n\nPart 1 Preliminary matters\nVolatile Substance Abuse Prevention Act 2005 3\nauthorised person means a person appointed under section 60.\nChief Executive Officer means the Chief Executive Officer of the\nAgency administering this Act.\nchild means a person who is less than 18 years of age.\ncommunity council, for Part 4, see section 42(1).\ncontravene includes fail to comply with.\ncouncil area, for Part 4, see section 42(1).\nCourt means the Local Court.\nemployee means an employee within the meaning of the Public\nSector Employment and Management Act 1993.\nhealth practitioner means:\n(a) a medical practitioner; or\n(b) a person registered under the Health Practitioner Regulation\nNational Law (other than as a student) to practise in:\n(i) the Aboriginal and Torres Strait Islander health practice\nprofession; or\n(ii) the nursing profession; or\n(c) for Part 3 – a person mentioned in paragraph (a) or (b), or a\nperson registered under the Health Practitioner Regulation\nNational Law to practise in the psychology profession (other\nthan as a student).\ninformer, for Part 5, Division 2, see section 54.\ninhalant means an item used to inhale a volatile substance.\nmanagement area means an area of land declared to be a\nmanagement area under Part 4.\nmanagement plan means a management plan in force under\nPart 4.\nnurse means a person registered under the Health Practitioner\nRegulation National Law to practise in the nursing profession (other\nthan as a student).\noffence, for Part 5, Division 2, see section 54.\n\nPart 1 Preliminary matters\nVolatile Substance Abuse Prevention Act 2005 4\nperson at risk, in relation to an application or order under Part 3,\nDivision 3, means the person to whom the application or order\nrelates.\nplace of safety, for Part 2, Division 3, see section 16.\npolice officer means a member of the Police Force.\npossession, of a volatile substance or inhalant, includes having\ncontrol of the volatile substance or inhalant.\nresident, for Part 4, see section 42(1).\nresponsible adult, for:\n(a) Part 2, Division 3 – see section 16; or\n(b) Part 3 – means a parent or guardian of a child at risk of severe\nharm, or reasonably believed to be at risk of severe harm, or a\nperson who has custody of such a child.\nresponsible officer, for Part 2, Division 4, see section 23.\nright or interest in land, for Part 4, see section 42(1).\nrisk, posed by an apprehended person, means a risk to the health\nor safety of the apprehended person or other persons.\nsenior officer, for Part 2, Division 4, see section 23.\nsevere harm, in relation to a person, means any of the following\nresulting from abuse of a volatile substance:\n(a) physical harm;\n(b) neurological harm;\n(c) significant deterioration of or damage to the person's mental\ncondition.\nsupply includes the following:\n(a) give, distribute, sell, administer or transport, whether or not for\nfee, reward or consideration or in expectation of fee, reward or\nconsideration;\n(b) barter or exchange;\n(c) have or keep in possession for supply;\n(d) offering to do an act referred to in paragraph (a) or (b);\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 1 General provisions relating to exercise of powers\nVolatile Substance Abuse Prevention Act 2005 5\n(e) doing or offering to do an act preparatory to, in furtherance of,\nor in connection with, an act referred to in paragraph (a) or (b).\ntreatment order, see section 41(1).\ntreatment program, see section 31A(1).\ntreatment warrant, see section 41B(2).\nvolatile substance means:\n(a) plastic solvent, adhesive cement, cleaning agent, glue, nail\npolish remover, lighter fluid, petrol or any other volatile product\nderived from petroleum, paint thinner, lacquer thinner, aerosol\npropellant or anaesthetic gas; or\n(b) a substance declared under section 5 to be a volatile\nsubstance.\n5 Minister may declare volatile substance\nThe Minister may, by notice in the Gazette, declare a substance to\nbe a volatile substance.\n6 Not offence to inhale or possess volatile substance or inhalant\nThis Act does not make it an offence for a person to inhale, or have\nin the person's possession, a volatile substance or item used for\ninhaling a volatile substance.\nPart 2 Preventing inhalation of volatile substances\nand protecting health and safety of persons\nDivision 1 General provisions relating to exercise of powers\n7 Police power not in derogation of other powers\nA power conferred by this Part on a police officer is in addition to\nand not in derogation of any other power the police officer may\nhave under any other Part of this Act or any other law in force in the\nTerritory.\nExample for section 7\nIf a person inhaling a volatile substance is also committing an offence under Part\n5 or under a provision of any other Act, a police officer may charge the person in\nconnection with the offence instead of taking action under this Part.\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 2 Powers of search and seizure\nVolatile Substance Abuse Prevention Act 2005 6\n8 Where power may be exercised\n(1) A police officer or authorised person may exercise a power under\nDivision 2 or 3 only in relation to a person who is:\n(a) in a public place; or\n(b) trespassing on private property; or\n(c) on private premises, if consent to enter the premises is given\nto the police officer or authorised person:\n(i) by the occupier of the premises; or\n(ii) if there is no occupier – by the owner of the premises.\n(2) An authorised person may exercise a power under Division 2 or 3\n(as applicable in relation to the person) only in the area specified in\nthe notice of appointment of the authorised person.\n9 No warrant required\nA police officer or authorised person may exercise a power under\nthis Part without a warrant.\n10 Reasonable force may be used\nA police officer or authorised person may use the force that is\nreasonably necessary when exercising a power under this Part.\n11 Manner of giving information\nAny information or request that a police officer or authorised person\nis required to give to or make of a person under this Part must be\ngiven or made in a way the person is likely to understand and, if\npossible, in a language the person is able to understand.\n12 Records to be kept\nRecords must be kept, in accordance with the Regulations, of all\nactions taken under Division 2 or 3.\nDivision 2 Powers of search and seizure\n13 Search for and seizure of volatile substance or inhalant\n(1) This section applies if a police officer or authorised person has\nreasonable grounds to believe a person:\n(a) is in possession of a volatile substance or inhalant; and\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 2 Powers of search and seizure\nVolatile Substance Abuse Prevention Act 2005 7\n(b) is inhaling or will inhale a volatile substance.\n(2) The police officer or authorised person may search the person, and\nany thing in the person's possession, for a volatile substance or\ninhalant.\n(3) Before conducting the search, the police officer or authorised\nperson must follow the procedures in section 14 unless he or she\nbelieves on reasonable grounds that:\n(a) the person is unable to understand the information or request\nreferred to in that section because of the effects of inhaling a\nvolatile substance; or\n(b) it is otherwise impracticable to do so.\n(4) If subsection (3) applies or the person does not comply with a\nrequest made in accordance with section 14(4), the police officer or\nauthorised person may search the person and seize any volatile\nsubstance or inhalant that is in the person's possession.\n(5) This section does not authorise a search that involves the removal\nof the person's clothes or an examination of the person's body\ncavities.\n14 Procedures before searching for volatile substance or inhalant\n(1) If a police officer is going to conduct the search, the officer must\ninform the person of the officer's rank and the police station to\nwhich the officer is attached and, if not in uniform, must show the\nperson a written form of identification.\n(2) If an authorised person is going to conduct the search, the\nauthorised person must inform the person of his or her identity by\nshowing the person his or her identity card issued under section 61.\n(3) The police officer or authorised person must inform the person that,\nalthough it is not an offence to possess a volatile substance or item\nused to inhale a volatile substance, the police officer or authorised\nperson may, using reasonable force:\n(a) search the person for a volatile substance or item used to\ninhale a volatile substance; and\n(b) seize a volatile substance or item used to inhale a volatile\nsubstance that is in the person's possession.\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 3 Powers of apprehension\nVolatile Substance Abuse Prevention Act 2005 8\n(4) The police officer or authorised person must then request the\nperson to give the police officer or authorised person any volatile\nsubstance or item used to inhale a volatile substance that is in the\nperson's possession.\n15 Disposal etc. of volatile substance or inhalant\n(1) This section applies if a police officer or authorised person:\n(a) seizes a volatile substance or inhalant under section 13; or\n(b) is given a volatile substance or inhalant under section 14.\n(2) If the police officer or authorised person believes that removing the\nvolatile substance or inhalant to a police station may cause a risk to\nany person's health or safety or is impracticable in the\ncircumstances, he or she may dispose of or destroy the volatile\nsubstance or inhalant.\n(3) If the police officer or authorised person does not dispose of or\ndestroy the volatile substance or inhalant, he or she must take it to\na police station as soon as practicable for disposal or destruction.\nDivision 3 Powers of apprehension\n16 Definitions\nIn this Division:\nplace of safety means a place of safety declared under section 63.\nresponsible adult means a person reasonably considered by a\npolice officer or authorised person to be capable of taking care of\nan apprehended person.\n17 Meaning and effect of apprehension of person\n(1) For this Division, the apprehension of a person is the detention of\nthe person in order to take the person to a place of safety or to a\nresponsible adult.\n(2) An apprehended person is not under arrest and, unless\nsection 22(3) applies, must not be taken into police custody.\n(3) An apprehended person:\n(a) must not be charged with an offence; and\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 3 Powers of apprehension\nVolatile Substance Abuse Prevention Act 2005 9\n(b) must not be questioned by a police officer in relation to an\noffence; and\n(c) must not be photographed or have his or her fingerprints\ntaken.\n18 Interests of apprehended person and welfare of children\n(1) In exercising a power under this Division, a police officer or\nauthorised person must consider the best interests of the\napprehended person.\n(2) The welfare of any child who may be affected by the exercise of the\npower is of paramount consideration, whether the child is the\napprehended person or is a child whose health and safety may be\nat risk from the apprehended person.\n19 When person may be apprehended\n(1) A police officer or authorised person may apprehend a person if the\npolice officer or authorised person has reasonable grounds to\nbelieve the person:\n(a) is inhaling or has recently inhaled a volatile substance; and\n(b) should be apprehended to protect the health or safety of the\nperson or other persons.\n(2) Subsection (1) applies irrespective of whether the apprehended\nperson has been searched under Division 2 and irrespective of\nwhether a volatile substance or inhalant is in the person's\npossession.\n(3) When apprehending the person or as soon as practicable after the\napprehension, the police officer or authorised person must follow\nthe procedures in section 20 unless the police officer or authorised\nperson believes on reasonable grounds that:\n(a) the apprehended person is unable to understand the\ninformation referred to in that section because of the effects of\ninhaling a volatile substance; or\n(b) it is otherwise impracticable to do so.\n(4) Section 20(1) and (2) does not apply if the person has been\nsearched in accordance with Division 2 immediately before being\napprehended.\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 3 Powers of apprehension\nVolatile Substance Abuse Prevention Act 2005 10\n20 Procedures when apprehending person\n(1) If a police officer apprehends the person, the police officer must\ninform the person of the police officer's rank and the police station\nto which the police officer is attached and, if not in uniform, must\nshow the person a written form of identification.\n(2) If an authorised person apprehends the person, the authorised\nperson must inform the person of his or her identity by showing the\nperson his or her identity card issued under section 61.\n(3) The police officer or authorised person must inform the\napprehended person that:\n(a) the person is not under arrest in relation to any alleged\noffence; and\n(b) the person is being apprehended to protect the health or\nsafety of the person or other persons; and\n(c) the police officer or authorised person intends to take the\nperson to a place of safety or to a responsible adult.\n21 Taking person to place of safety or responsible adult\n(1) Subject to subsection (2) and section 22, as soon as practicable\nafter apprehending a person, the police officer or authorised person\nmust take the apprehended person:\n(a) to a place of safety, where the person may be released into\nthe care of a person at that place; or\n(b) to a responsible adult and, if the responsible adult consents,\nrelease the apprehended person into that adult's care.\n(2) If a child is released into care at a place of safety or into the care of\na responsible adult who is not the child's parent or guardian, the\npolice officer or authorised person must, if practicable, inform a\nparent or guardian of the child of that action.\n22 When person may be released or taken into protective custody\n(1) This section applies if, after making all reasonable efforts, the police\nofficer or authorised person is unable:\n(a) to take the apprehended person to a place of safety or\nresponsible adult; or\n(b) to find a responsible adult who will consent to take care of the\napprehended person.\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 4 Protective custody\nVolatile Substance Abuse Prevention Act 2005 11\n(2) If the police officer or authorised person considers the apprehended\nperson no longer poses a risk, he or she may release the\napprehended person in a place he or she considers suitable in the\ncircumstances.\n(3) If the police officer or authorised person considers the apprehended\nperson continues to pose a risk, he or she may take the\napprehended person to a police station to be held in protective\ncustody in accordance with Division 4.\n(4) If a child is taken to a police station to be held in protective custody,\nthe police officer or authorised person must, if practicable, inform a\nparent or guardian of the child of that action.\nDivision 4 Protective custody\n23 Definitions\nIn this Division:\nresponsible officer means a police officer on duty at the police\nstation where an apprehended person is in protective custody, who\nis responsible for the care of the person.\nsenior officer means a police officer of or above the rank of\nSuperintendent.\n24 Child not to be kept in police station cell\nAn apprehended person who is a child must not be held inside a\ncell at a police station except in accordance with the Regulations.\n25 Searching apprehended person\n(1) A responsible officer may:\n(a) search an apprehended person or cause an apprehended\nperson to be searched; and\n(b) remove or cause to be removed from the apprehended\nperson, for safe keeping until the person is released from\nprotective custody:\n(i) money and valuables found on or about the\napprehended person; and\n(ii) items on or about the apprehended person that are likely\nto cause harm, or could be used by any person to cause\nharm, to the apprehended person or any other person.\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 4 Protective custody\nVolatile Substance Abuse Prevention Act 2005 12\n(2) All money and valuables taken from an apprehended person must\nbe recorded in a register kept for that purpose and must be\nreturned to the apprehended person on receipt of a signature or\nother mark made in the register by the apprehended person.\n26 Period of protective custody\n(1) Subject to this Division, an apprehended person may be held in\nprotective custody only until it reasonably appears to a responsible\nofficer the person no longer poses a risk.\n(2) Subject to this Division, if it reasonably appears to a responsible\nofficer that an apprehended person no longer poses a risk, the\nofficer must release the person or cause the person to be released\nfrom protective custody.\n(3) An apprehended person who is in protective custody after midnight\nand before 7.30 am on a particular day may be held in custody until\n7.30 am of that day even if the person no longer poses a risk during\nthat period.\n27 Release from protective custody\n(1) A responsible officer may at any time release an apprehended\nperson or cause an apprehended person to be released into the\ncare of a person the officer reasonably believes is capable of taking\ncare of the apprehended person.\n(2) Subsection (1) does not apply in the following circumstances:\n(a) if the apprehended person is an adult who objects to being\nreleased into the care of the other person;\n(b) if the apprehended person is a child who objects to being\nreleased into the care of the other person and the responsible\nofficer is satisfied the child is of sufficient age and\nunderstanding to form an informed opinion.\n28 Continued protective custody\n(1) This section applies if:\n(a) an apprehended person is held in protective custody for\n6 hours; and\n(b) after the 6 hours expires, it reasonably appears to a\nresponsible officer the person continues to pose a risk.\n\nPart 2 Preventing inhalation of volatile substances and protecting health and safety\nof persons\nDivision 4 Protective custody\nVolatile Substance Abuse Prevention Act 2005 13\n(2) The responsible officer must take the following actions:\n(a) notify a senior officer that it reasonably appears to the\nresponsible officer the apprehended person continues to pose\na risk;\n(b) if instructed to do so by the senior officer – continue, subject to\nsubsection (4), to hold the apprehended person in protective\ncustody until:\n(i) the expiry of 10 hours after the apprehended person was\ntaken into custody; or\n(ii) at any earlier time if it reasonably appears to the\nresponsible officer the apprehended person no longer\nposes a risk;\n(c) make a record in the custody log (however described) of the\ntime at which and manner in which the responsible officer\nnotified the senior officer, the content of the notification and\nthe instruction the senior officer gave to the responsible\nofficer;\n(d) if instructed to hold the apprehended person in protective\ncustody – arrange for a health practitioner to examine the\nperson as soon as practicable.\n(3) Notification under subsection (2)(a) may be:\n(a) made orally, whether in person or by radio, telephone or any\nother available means of communication; or\n(b) made in writing by facsimile transmission or any other\navailable electronic means of communication.\n(4) After an apprehended person has been examined by a health\npractitioner:\n(a) if the health practitioner is of the opinion the person requires\nmedical treatment – the person may be released into the care\nof the health practitioner; or\n(b) if the health practitioner is of the opinion the person does not\nrequire medical treatment – the responsible officer must\ncontinue to hold the person in custody until the expiry of the\nperiod referred to in subsection (2)(b).\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 1 Preliminary matters\nVolatile Substance Abuse Prevention Act 2005 14\n29 Application to justice of the peace for release\n(1) An apprehended person may, at any time after being apprehended,\nrequest a responsible officer to take the person before a justice of\nthe peace so the person may make an application for release from\nprotective custody.\n(2) After a request is made, a responsible officer must bring the\napprehended person before a justice of the peace without delay\nunless it is impracticable to do so or the person is released from\nprotective custody under another section of this Division.\n30 Informing parent or guardian of child's release to another\nperson\nIf a child is released from protective custody into the care of a\nperson who is not the child's parent or guardian, a responsible\nofficer must, if practicable, inform a parent or guardian of the child\nof that action.\nPart 3 Treatment orders for persons at risk of severe\nharm\nDivision 1 Preliminary matters\n31 Assessors\n(1) The Chief Health Officer may, in writing, appoint a person to be an\nassessor to make assessments of persons reasonably believed to\nbe at risk of severe harm and to exercise and perform related\npowers and functions under this Part.\n(2) An assessor must be:\n(a) a health practitioner; or\n(b) a person who holds a qualification approved under\nsubsection (5).\n(3) An assessor must exercise and perform his or her powers and\nfunctions in accordance with assessment guidelines issued by the\nChief Health Officer.\n(4) Without limiting subsection (3), the assessment guidelines may\nspecify the practice and procedures to be followed by an assessor\nin relation to the following matters:\n(a) examining and making an assessment of a person;\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 1 Preliminary matters\nVolatile Substance Abuse Prevention Act 2005 15\n(b) consulting a responsible adult for a child to whom an\nassessment application relates;\n(c) preparing an assessment report;\n(d) making an application for a treatment warrant.\n(5) The Minister may, by Gazette notice, approve a qualification or\nclass of qualifications for subsection (2)(b).\n31A Treatment program\n(1) A treatment program is a program of treatment or intervention\nappropriate for a person at risk of severe harm.\n(2) A treatment program may provide a person at risk of severe harm\nwith any of the following:\n(a) treatment for withdrawal, stabilisation, rehabilitation or\naftercare;\n(b) therapeutic, health, diversionary or educational intervention;\n(c) any other type of treatment or intervention intended to\nalleviate the severe harm;\n(d) a combination of any treatment or intervention mentioned in\nparagraphs (a) to (c).\n(3) A person at risk of severe harm may participate in any component\nof a treatment program:\n(a) at a residential facility or any other place; or\n(b) by taking part in a treatment or intervention that is not specific\nto a particular place (for example, a diversionary intervention\ninvolving travelling through an area of the Territory).\n32 Powers not in derogation of other powers\nThe powers that may be exercised by a person under this Part are\nin addition to and not in derogation of powers the person may\nexercise under any other law in force in the Territory.\nExample for section 32\nThe Guardianship of Adults Act 2016 is a law under which powers may be\nexercised in relation to a person at risk of severe harm as a result of volatile\nsubstance abuse.\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 2 Assessment of persons believed to be at risk\nVolatile Substance Abuse Prevention Act 2005 16\nDivision 2 Assessment of persons believed to be at risk\n33 Assessment application\n(1) This section applies if one of the following persons reasonably\nbelieves a child or adult is at risk of severe harm:\n(a) a police officer or authorised person;\n(b) an employee approved under section 65;\n(c) a health practitioner;\n(d) a member of the family of the child or adult believed to be at\nrisk of severe harm;\n(e) in relation to a child believed to be at risk of severe harm – a\nresponsible adult for the child.\n(2) The person may apply to an assessor for an assessment of the\nchild or adult believed to be at risk of severe harm.\n(3) An assessment application:\n(a) must be in the form, and include the information, approved\nunder section 64; and\n(b) must be accompanied by all documents in the person's\npossession that support the belief that the child or adult is at\nrisk of severe harm.\n34 Assessment and report\n(1) If an assessor to whom an assessment application is made is\nsatisfied the information provided in or accompanying the\napplication indicates the person to whom the application relates\n(the relevant person) is at risk of severe harm, the assessor must:\n(a) examine the person; and\n(b) make an assessment of the person; and\n(c) prepare an assessment report about the person and give it to\nthe Chief Health Officer; and\n(d) notify the assessment applicant about whether or not the\nperson was assessed as being at risk of severe harm.\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 2 Assessment of persons believed to be at risk\nVolatile Substance Abuse Prevention Act 2005 17\n(2) Despite subsection (1)(a), the assessor may take the actions\nmentioned in subsection (1)(b) to (d) without examining the relevant\nperson if the following circumstances apply:\n(a) it is impracticable to examine the person;\n(b) the assessor received sufficient information about the person\n(for example, medical records or police records) to enable the\nassessor to make an assessment of the person.\n(3) If the assessor makes an assessment of the relevant person as\nbeing at risk of severe harm, the assessment report must\nrecommend an appropriate treatment program for the person and\ninclude the following details:\n(a) each type of treatment or intervention to be provided by the\nprogram;\n(b) if applicable – the residential facility or place at which a\nparticular component of the program is to be provided.\n(4) The assessor may request more information from the assessment\napplicant before deciding whether or not to make an assessment of\nthe relevant person.\n(5) If the assessor is satisfied the information provided by the\nassessment applicant does not indicate that the relevant person is\nat risk of severe harm, the assessor must give the applicant a\nnotice stating:\n(a) the assessor's decision not to make an assessment of the\nperson; and\n(b) the reasons for the decision.\n(6) For this section, an assessor makes an assessment of whether a\nperson is at risk of severe harm by making a comprehensive\nassessment of one or both of the following:\n(a) the person's condition (which may include the person's\nphysical, neurological and mental condition);\n(b) the person's circumstances (which may include the\ncircumstances of the person's lifestyle, environment and\nrelationships with others).\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 3 Matters relating to treatment orders\nVolatile Substance Abuse Prevention Act 2005 18\n35 Decision after considering assessment report\n(1) As soon as practicable after considering an assessment report\nabout a person (the relevant person), the Chief Health Officer\nmust make a decision about whether or not to apply for a treatment\norder in relation to the person.\n(2) The Chief Health Officer may decide to apply for a treatment order\nin relation to the relevant person if satisfied all of the following\ncircumstances apply:\n(a) the person has been assessed as being at risk of severe\nharm;\n(b) a treatment program has been recommended for the person;\n(c) the person has not participated in a treatment program since\nthe assessment report was made;\n(d) a treatment order will be in the best interests of the person;\n(e) the person cannot be adequately protected from severe harm\nin any other way.\n(3) If the Chief Health Officer is not satisfied all of the circumstances\nmentioned in subsection (2) apply in relation to the relevant person,\nthe Chief Health Officer:\n(a) may decide not to apply for a treatment order in relation to the\nrelevant person; and\n(b) must give the assessor, and the assessment applicant, a\nnotice stating the decision and the reasons for it.\nDivision 3 Matters relating to treatment orders\n36 Application for treatment order\n(1) As soon as practicable after making a decision under section 35 in\nrelation to a person who has been assessed as being at risk of\nsevere harm, the Chief Health Officer (or a delegate) may apply to\nthe Court for a treatment order in relation to the person.\n(2) The application must be:\n(a) in a form approved by the Chief Judge; and\n(b) accompanied by the assessment report about the person at\nrisk.\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 3 Matters relating to treatment orders\nVolatile Substance Abuse Prevention Act 2005 19\n37 Application for order in connection with treatment order\n(1) During the period a treatment order is in force, the Chief Health\nOfficer (or a delegate) may apply to the Court for an order in\nconnection with the treatment order (for example, an order to vary,\nextend or revoke the treatment order).\n(2) The application must be:\n(a) in a form approved by the Chief Judge; and\n(b) accompanied by documents in support of the application.\n38 Notice of application\n(1) As soon as practicable after making an application under\nsection 36(1), the applicant must give notice to the following\npersons that the application has been made:\n(a) if the person at risk is an adult – the person at risk;\n(b) if the person at risk is a child and the applicant believes the\nchild is capable of understanding the notice – the person at\nrisk and a responsible adult for the child;\n(c) if the person at risk is a child and the applicant believes the\nchild is incapable of understanding the notice – a responsible\nadult for the child;\n(d) the assessor of the person at risk;\n(e) the assessment applicant in relation to the person at risk,\nunless the assessment applicant is the responsible adult given\nnotice under paragraph (b) or (c).\n(2) As soon as practicable after making an application under\nsection 37(1), the applicant:\n(a) must give notice of the application to a relevant person\nmentioned in subsection (1)(a) to (c); and\n(b) may give notice of the application to one or both of the\npersons mentioned in subsection (1)(d) and (e), as the\napplicant considers appropriate taking into account the nature\nof the application.\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 3 Matters relating to treatment orders\nVolatile Substance Abuse Prevention Act 2005 20\n(3) A notice given under subsection (1) or (2):\n(a) must include information about:\n(i) the persons who are required to attend at the hearing of\nthe application; and\n(ii) the persons who are entitled to attend at the hearing of\nthe application but need not do so; and\n(b) must be accompanied by a copy of the application endorsed\nwith details of the time, date and place of the hearing of the\napplication.\n(4) A notice given under subsection (1) to the person at risk, or a\nresponsible adult for the person at risk, must be accompanied by\nthe assessment report about the person at risk.\n(5) A notice given under subsection (2)(a) must be accompanied by\neach document filed at the Court in support of the application.\n(6) A notice given under this section to an assessment applicant must\nnot be accompanied by:\n(a) any assessment report; or\n(b) any other document filed at the Court in support of the\napplication.\n39 Hearing of application\n(1) Unless an order to the contrary is made under subsection (2), the\nfollowing persons are required to attend at the hearing of an\napplication:\n(a) the applicant or a person representing the applicant;\n(b) if the person at risk is an adult mentioned in section 38(1)(a)\nor a child mentioned in section 38(1)(b):\n(i) the person at risk; or\n(ii) a person representing the person at risk;\n(c) if the person at risk is a child mentioned in section 38(1)(c) – a\nresponsible adult or a person representing that adult.\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 3 Matters relating to treatment orders\nVolatile Substance Abuse Prevention Act 2005 21\n(2) The Court may order that a person required by subsection (1) to\nattend at the hearing need not attend if:\n(a) the Court has sufficient information to make a decision without\nthe person's attendance; or\n(b) in relation to a responsible adult mentioned in\nsubsection (1)(c) – the Court is satisfied reasonable\ninvestigations have been made to find such an adult but have\nbeen unsuccessful.\n(3) If the person at risk or a responsible adult does not attend at the\nhearing because he or she is represented by another person, the\nCourt may order the person at risk or responsible adult to attend if\nthe Court requires information from the person or adult.\n(4) The following persons are entitled to attend at the hearing but need\nnot do so unless the Court orders the attendance:\n(a) the assessment applicant in relation to the person at risk;\n(b) the assessor of the person at risk;\n(c) any member of the family of the person at risk.\n(5) Unless the Court orders otherwise, the hearing must be in closed\ncourt.\n40 Jurisdiction and procedure of Court\n(1) The Court has jurisdiction in all matters relating to an application\nand, in particular, may do any of the following:\n(a) hear and, subject to subsection (4), decide the application as it\nsees fit;\n(b) adjourn the application;\n(c) make the order to which the application relates, with or without\nconditions;\n(d) refuse to make the order to which the application relates;\n(e) make any other order or give any direction relevant to the\napplication as the Court considers appropriate, including that it\nbe provided with further assessment reports or any other\nreports, opinions or information about the person at risk.\n(2) Subject to this Division and any direction of the Chief Justice, the\nCourt may regulate its own procedure in relation to an application.\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 3 Matters relating to treatment orders\nVolatile Substance Abuse Prevention Act 2005 22\n(3) The Court is not bound by the rules of the Court or rules of\nevidence but may inform itself in the manner it considers\nappropriate.\n(4) In deciding an application, the primary consideration of the Court\nmust be the protection from severe harm of the person at risk.\n41 Treatment order\n(1) A treatment order is an order made by the Court that the person at\nrisk specified in the order must participate in a treatment program.\n(2) A treatment order must specify the following:\n(a) the person at risk must participate in each component of the\ntreatment program as specified in the order;\n(b) if applicable – the facility or place at which a particular\ncomponent of the treatment program will be provided;\n(c) the date on which the order will come into force;\n(d) the period, not exceeding 16 weeks, for which the order will be\nin force;\n(e) any other matter the Court considers appropriate.\n(3) On application under section 37(1), the Court may extend a\ntreatment order for a period not exceeding 16 weeks.\n41A Application for treatment warrant\n(1) This section applies if a person at risk specified in a treatment order\nfails to participate in any component of a treatment program as\nspecified in the order.\n(2) Any one of the following persons may apply, in the prescribed form,\nto a Local Court Judge for a treatment warrant in relation to the\nperson at risk:\n(a) an assessor;\n(b) an authorised officer;\n(c) the Chief Health Officer;\n(d) a legal practitioner representing a person mentioned in\nparagraphs (a) to (c).\n\nPart 3 Treatment orders for persons at risk of severe harm\nDivision 3 Matters relating to treatment orders\nVolatile Substance Abuse Prevention Act 2005 23\n(3) The application may be made:\n(a) in person; or\n(b) if it is impracticable to apply in person – by telephone in\naccordance with the procedure prescribed by regulation.\n41B Issuing treatment warrant\n(1) A Local Court Judge to whom an application under section 41A(2)\nis made may issue a treatment warrant in relation to a person at\nrisk if satisfied:\n(a) a treatment order in relation to the person is in force; and\n(b) the person has failed to participate in any component of the\ntreatment program as specified in the treatment order.\n(2) A treatment warrant is a document, in the prescribed form, that\nauthorises an authorised officer:\n(a) to enter, at any reasonable time, a place where the officer\nreasonably believes the person specified in the warrant may\nbe found; and\n(b) to search the place in order to find the person; and\n(c) to remain at the place for as long as the officer considers\nreasonably necessary to find the person; and\n(d) if the person is found – to apprehend the person and take the\nperson to the place specified in the warrant to participate in\nthe component of the treatment program as specified in the\nwarrant.\n(3) If a Local Court Judge issues a treatment warrant on application\nmade by telephone, the procedure prescribed by regulation applies.\n(4) A treatment warrant remains in force for the lesser of the following\nperiods:\n(a) 30 days after the day on which it is issued;\n(b) until the relevant treatment order ceases to be in force.\n41C Executing treatment warrant\n(1) In executing a treatment warrant, an authorised officer:\n(a) may use reasonable force and, if necessary, reasonable\nassistance; and\n\nPart 4 Community management of possession, supply and use of volatile\nsubstances\nDivision 1 Preliminary matters\nVolatile Substance Abuse Prevention Act 2005 24\n(b) must produce the warrant (or a copy of the warrant) to a\nperson at the place where the warrant is executed.\n(2) A person assisting the authorised officer to execute a treatment\nwarrant may also use reasonable force in doing so.\nPart 4 Community management of possession,\nsupply and use of volatile substances\nDivision 1 Preliminary matters\n42 Interpretation\n(1) In this Part:\napplication means an application for a declaration of a\nmanagement area made under section 44.\narea does not include an area described in a declaration under\nsection 43.\ncommunity council means:\n(a) a council for a Territory region or a shire under the Local\nGovernment Act 2019; or\n(b) an Aboriginal and Torres Strait Islander corporation registered\nunder the Corporations (Aboriginal and Torres Strait Islander)\nAct 2006 (Cth).\ncouncil area means the area under the control and management of\na community council.\nresident, of an area in respect of which an application is made,\nmeans a person who:\n(a) is 18 or more years of age; and\n(b) resides in the area or has a right or interest in land within the\narea.\nright or interest in land includes the entitlement by Aboriginal\ntradition, within the meaning of the Aboriginal Land Rights\n(Northern Territory) Act 1976 of the Commonwealth, to use or\noccupy land.\n\nPart 4 Community management of possession, supply and use of volatile\nsubstances\nDivision 2 Management areas\nVolatile Substance Abuse Prevention Act 2005 25\n(2) A reference in this Part to an area of land described in an\napplication or in a declaration made under section 47 is, if more\nthan one area of land is described in the application or declaration,\na reference to all the areas of land so described.\n43 Declaration that area must not be management area\nThe Minister may, by notice in the Gazette, declare that an area\ndescribed in the notice must not be a management area.\nDivision 2 Management areas\n44 Application for declaration of management area\n(1) A minimum of 10 residents of an area may apply to the Minister for\na declaration that the area is a management area.\n(2) A community council may apply to the Minister for a declaration that\nany of the following is a management area:\n(a) the whole of its council area;\n(b) part of its council area;\n(c) 2 or more non-contiguous parts of its council area.\n(3) The application must:\n(a) be in writing; and\n(b) if the application is made by residents of an area – be signed\nby each applicant; and\n(c) if the application is made by a community council – be signed\nby a person authorised by the council; and\n(d) include a description of the area of land to which the\napplication relates in sufficient detail to enable the Minister to\nidentify the location of the proposed management area.\n45 Meeting about proposed management area\n(1) After receiving an application the Minister must, in the manner the\nMinister considers appropriate:\n(a) inform the residents of the area of land described in the\napplication, and other interested persons, of the receipt of the\napplication; and\n\nPart 4 Community management of possession, supply and use of volatile\nsubstances\nDivision 2 Management areas\nVolatile Substance Abuse Prevention Act 2005 26\n(b) fix a date, time and place for a meeting with the residents and\nother interested persons and advise them of those details.\n(2) At the meeting, the Minister must:\n(a) explain to the persons present the effect of declaring a\nmanagement area; and\n(b) endeavour to ascertain the needs and opinions of the\nresidents and other interested persons about the proposal to\ndeclare a management area.\n(3) For this section, other interested persons are persons the Minister\nconsiders are likely to be affected by and interested in the\napplication and may include persons residing in the vicinity of the\narea of land described in the application.\n46 Application may be varied or withdrawn\nThe applicants for the declaration of a management area may, by\nnotice in writing to the Minister:\n(a) after the Minister's meeting with residents and other interested\npersons – vary the application by altering the area of land\ndescribed in the application, but not so as to increase the size\nof the proposed management area; or\n(b) at any time before the Minister declares an area of land to be\na management area – withdraw the application.\n47 Decision to declare or refuse to declare management area\n(1) In deciding whether to declare an area of land to be a management\narea, the Minister:\n(a) must consider the needs and opinions of residents in the area\nand of other interested persons referred to in section 45(3);\nand\n(b) may conduct any investigations the Minister considers\nrelevant to the application; and\n(c) if the application relates to an area of land within, or in the\nvicinity of, a council area – must consult with the relevant\ncommunity council to ascertain its views about the proposed\ndeclaration and any other matters relating to the possession,\nsupply and use of volatile substances within that area.\n\nPart 4 Community management of possession, supply and use of volatile\nsubstances\nDivision 2 Management areas\nVolatile Substance Abuse Prevention Act 2005 27\n(2) The Minister may then:\n(a) declare an area of land described in the application to be a\nmanagement area; or\n(b) refuse to make such a declaration.\n(3) A declaration of a management area may be made in respect of:\n(a) the area of land described in the application; or\n(b) an area of land equal to, greater than or less than the area of\nland described in the application and including a substantial\npart of the area of land described in the application.\n(4) The declaration does not take effect until the date specified in the\nnotice of the declaration published in the Gazette.\n48 Publication of notice of declaration\n(1) Not later than 14 days after making a declaration of a management\narea, the Minister must cause notice of the declaration to be\npublished:\n(a) in the Gazette; and\n(b) in a newspaper or other publication circulating throughout the\nmanagement area or in any other manner the Minister\nconsiders suitable to publicise the making of the declaration\nthroughout the management area.\n(2) The notice of the declaration must:\n(a) include a description of the management area in sufficient\ndetail to identify the location of the area; and\n(b) include a statement that the management area is declared to\nenable a plan to be made for the management of the\npossession, supply and use of volatile substances in the area;\nand\n(c) specify the date the declaration takes effect.\n\nPart 4 Community management of possession, supply and use of volatile\nsubstances\nDivision 3 Management plans\nVolatile Substance Abuse Prevention Act 2005 28\nDivision 3 Management plans\n49 Management plan for each management area\n(1) Each management area must have a written plan for the\nmanagement of the possession, supply and use of volatile\nsubstances in the area.\n(2) The management plan must specify the following:\n(a) the management area to which the plan relates;\n(b) practices and procedures relating to the management of the\npossession, supply and use of volatile substances.\n(3) The Regulations may provide for the following:\n(a) the content and form of management plans;\n(b) the manner in which management plans must be prepared;\n(c) the publication of management plans.\n50 Preparation and approval of management plan\n(1) The applicants for the declaration of a management area must\nprepare the management plan for that area in consultation with the\nMinister, Commissioner of Police and Chief Executive Officer.\n(2) After the applicants have finished preparing the management plan,\nthey must give it to the Minister for written approval.\n(3) The Minister must not approve the management plan unless\nsatisfied:\n(a) it appropriately provides for the matters to be specified under\nsection 49(2)(b); and\n(b) it complies with this Division and the Regulations; and\n(c) if the plan will apply in a management area entirely or partly\nwithin a council area – it is supported by the relevant\ncommunity council.\n(4) In addition, the Minister must not approve the management plan\nunless the Minister has held a meeting with residents of the\nmanagement area in order to:\n(a) explain to them the effect of the management plan; and\n\nPart 5 Offences and confidentiality\nDivision 1 Offences\nVolatile Substance Abuse Prevention Act 2005 29\n(b) ascertain their opinions about the management plan.\n(5) The Minister must give notice in the Gazette of the approval of a\nmanagement plan and specify in the notice:\n(a) the date on which the plan comes into force; and\n(b) the place at which copies of the plan may be inspected or\nobtained during normal business hours.\n51 Amendment or replacement of management plan\n(1) A minimum of 10 residents of a management area, or a community\ncouncil for a council area within which there is a management area\nor part of a management area, may:\n(a) prepare an amendment to the management plan for the\nmanagement area; or\n(b) prepare a new management plan to replace the management\nplan for the management area.\n(2) Section 50 applies (with the necessary changes) in relation to an\namendment to or replacement of a management plan but, if the\nMinister considers that an amendment is of a minor nature, the\nMinister need not hold the meeting referred to in section 50(4).\nPart 5 Offences and confidentiality\nDivision 1 Offences\n52 Unlawful supply of volatile substances\nA person (the first person) must not supply a volatile substance to\na second person if the first person knows or ought to know the\nsecond person intends:\n(a) to inhale the volatile substance; or\n(b) to supply the volatile substance to a third person for inhalation\nby the third person or any other person.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n\nPart 5 Offences and confidentiality\nDivision 2 Confidentiality\nVolatile Substance Abuse Prevention Act 2005 30\n53 Contravention of management plan\nA person must not contravene a management plan.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\nDivision 2 Confidentiality\n54 Definitions\nIn this Division:\ninformer means a person who supplies information to a police\nofficer in respect of the commission of an offence.\noffence means an offence against section 52 or 53.\n55 Informer's identity confidential\n(1) Subject to this Division, an informer's identity must be kept\nconfidential at all times.\n(2) A person who discloses the name of an informer, or any other\nparticular that may be likely to lead to the informer's identification, is\nguilty of an offence.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(3) A person is not criminally responsible for an offence against\nsubsection (2) if it is proved the disclosure was made in good faith\nfor the protection of the interests of the informer or for the public\ngood.\n56 Protection in proceedings of informer's identity etc.\n(1) This section applies to the following persons appearing in\nproceedings in respect of an offence:\n(a) the prosecutor;\n(b) a person who appears as a witness for the prosecution;\n(c) a police officer who appears as a witness for the defence.\n\nPart 5 Offences and confidentiality\nDivision 2 Confidentiality\nVolatile Substance Abuse Prevention Act 2005 31\n(2) The person must not be asked, and if asked must not be\ncompelled, to disclose:\n(a) the name of an informer or other particular that may be likely\nto lead to the informer's identification; or\n(b) the fact that, in respect of the offence, the informer, the\nprosecutor or a police officer who appears as a witness for the\nprosecution received information from an informer or gave\ninformation to an informer; or\n(c) the nature of any such information.\n57 Protection in proceedings of report by or to police officer\nIn proceedings in respect of an offence, a police officer appearing\nas a prosecutor or witness must not be compelled:\n(a) to produce a report or document made or received in his or\nher official capacity or containing confidential information in\nrelation to the offence; or\n(b) to make a statement in relation to such a report or document\nor such information.\n58 When information may be disclosed\nSections 56 and 57 do not apply to the extent the defendant\nsatisfies the court it is in the interest of justice, in the particular\ncircumstances, that the disclosure, production or statement be\nmade.\n59 Court may prohibit publication of proceedings\n(1) In proceedings in respect of an offence, the court may make an\norder prohibiting the publication of the whole or any part of the\nproceedings and the name and address of any witness appearing in\nthe proceedings (prohibition order).\n(2) A prohibition order remains in force for the time specified in the\norder.\n(3) An application for a prohibition order may be made in the presence\nof the persons the court thinks fit.\n(4) At the hearing of an application for a prohibition order, the court\nmay receive and act on information as the court thinks fit.\n\nPart 6 Administration\nDivision 1 Administration for Part 2\nVolatile Substance Abuse Prevention Act 2005 32\n(5) When considering an application for a prohibition order, the court\nmust have regard to:\n(a) the safety of any person; and\n(b) the extent to which the detection of offences of a similar\nnature may be affected; and\n(c) the need to guarantee the confidentiality of information given\nby an informer.\n(6) A person must not contravene a prohibition order.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\nPart 6 Administration\nDivision 1 Administration for Part 2\n60 Authorised person\n(1) The Minister may, by written notice, appoint a person to be an\nauthorised person who may exercise powers under Part 2.\n(2) The notice must specify the following:\n(a) whether the authorised person may exercise powers under:\n(i) Part 2, Division 2; or\n(ii) Part 2, Division 3; or\n(iii) Part 2, Divisions 2 and 3;\n(b) the area in which the authorised person may exercise those\npowers, which may be the whole of the Territory or a part of\nthe Territory;\n(c) any conditions to which the appointment is subject.\n61 Identity card for authorised person\n(1) The Minister must issue to each authorised person an identity card\ncontaining:\n(a) a photograph and the signature of the authorised person; and\n(b) a statement of the powers the person is authorised to\nexercise; and\n\nPart 6 Administration\nDivision 2 Administration for Part 3\nVolatile Substance Abuse Prevention Act 2005 33\n(c) any other information prescribed by the Regulations.\n(2) As soon as reasonably practicable after a person ceases to be an\nauthorised person, the person must return the identity card to the\nMinister.\nMaximum penalty: 20 penalty units.\n(3) An offence against subsection (2) is a regulatory offence.\n62 Guidelines for exercise of powers by authorised person\n(1) The Minister may issue guidelines in relation to the exercise by\nauthorised persons of powers under Part 2.\n(2) The guidelines may specify the qualifications required by persons\nbefore being appointed as authorised persons and the standards\nauthorised persons are expected to meet when exercising their\npowers.\n(3) The guidelines may refer to or incorporate (wholly or partially and\nwith or without modification) a standard, code or other document as\nin force at the time the guideline is issued or as in force from time to\ntime.\n(4) The Minister must give notice in the Gazette of the issuing of\nguidelines and specify in the notice the place at which copies of the\nguidelines that are in force, and all documents referred to or\nincorporated in those guidelines, may be inspected or obtained\nduring normal business hours.\n(5) The Minister must ensure all guidelines that are in force, and all\ndocuments referred to or incorporated in those guidelines, are\nprovided free of charge to authorised persons.\n63 Declaration of place of safety\nThe Minister may, by notice in the Gazette, declare a place or\npremises or class of places or premises to be a place of safety to\nwhich a person apprehended under Part 2, Division 3 may be\ntaken.\nDivision 2 Administration for Part 3\n64 Approval of form of request and information\nThe Minister may approve a form of assessment application and\nthe information required to be included in that form.\n\nPart 6 Administration\nDivision 3 General administration\nVolatile Substance Abuse Prevention Act 2005 34\n65 Approval of employees who may make requests\nThe Minister may in writing approve employees, or a class of\nemployees, who may make assessment applications.\n66 Authorised officer\n(1) The Minister may in writing appoint a person to be an authorised\nofficer who may exercise the powers of an authorised officer under\nPart 3.\n(2) The Minister must issue to each authorised officer an identity card\ncontaining:\n(a) a photograph and the signature of the officer; and\n(b) a statement of the powers the officer is authorised to exercise;\nand\n(c) any other information prescribed by the Regulations.\n(3) As soon as reasonably practicable after a person ceases to be an\nauthorised officer, the person must return the identity card to the\nMinister.\nMaximum penalty: 20 penalty units.\n(4) An offence against subsection (3) is a regulatory offence.\nDivision 3 General administration\n67 Delegations\n(1) The Minister may, in writing, delegate to an employee any of the\nMinister's powers or functions under this Act.\n(2) Each of the following persons may, in writing, delegate to an\nemployee any of the person's powers or functions under this Act:\n(a) the Chief Executive Officer;\n(b) the Chief Health Officer.\n(3) The Commissioner of Police may, in writing, delegate to a police\nofficer or an employee any of the Commissioner's powers or\nfunctions under this Act.\n\nPart 7 Miscellaneous\nVolatile Substance Abuse Prevention Act 2005 35\n68 Protection from liability\n(1) This section applies to a person who is or has been one of the\nfollowing:\n(a) an employee;\n(b) an authorised officer;\n(c) a person assisting an authorised officer to execute a treatment\nwarrant;\n(d) an authorised person;\n(e) an assessor.\n(2) The person is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise or\npurported exercise of a power, or the performance or purported\nperformance of a function, under this Act.\n(3) Subsection (2) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nPart 7 Miscellaneous\n69 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) The Regulations may provide for the handling, transportation,\nstorage and disposal or destruction of volatile substances and\ninhalants.\n(3) The Regulations may:\n(a) be of general or limited application; and\n(b) differ according to differences in time, place or circumstance;\nand\n(c) confer powers or discretions or impose duties on any person;\nand\n\nPart 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act\n2009\nVolatile Substance Abuse Prevention Act 2005 36\n(d) provide that a matter in respect of which regulations may be\nmade may be determined, regulated or prohibited according to\na management plan.\n70 Regulations may incorporate other instruments\n(1) The Regulations may apply, adopt or incorporate (either wholly or in\npart or with or without modification) an instrument, as in force at a\nparticular time or as in force from time to time, prescribed or\npublished by any authority or body.\n(2) An instrument applied, adopted or incorporated under this section\nmay require anything referred to in that instrument to be in\naccordance with another instrument to which that instrument refers.\n(3) In this section:\ninstrument means a standard, code, specification, protocol,\nmethod or other document.\nPart 8 Transitional matters for Volatile Substance\nAbuse Prevention Amendment Act 2009\n71 Definitions\nIn this Part:\ncommencement day means the day on which this section\ncommences.\nrepealed, in relation to a provision mentioned in this Part, means\nthe provision of this Act as in force immediately before the\ncommencement day.\nsubstituted, in relation to a provision mentioned in this Part, means\nthe provision substituted by the Volatile Substance Abuse\nPrevention Amendment Act 2009.\n72 Request for treatment order undecided by Minister\n(1) This section applies if:\n(a) the Minister received a request under repealed section 33 to\napply for a treatment order in relation to a person believed to\nbe at risk of severe harm (the relevant person); and\n\nPart 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act\n2009\nVolatile Substance Abuse Prevention Act 2005 37\n(b) before the commencement day, the Minister had not made a\ndecision under repealed section 34 about whether or not to\napply for a treatment order in relation to the relevant person.\n(2) Repealed Part 3 continues to apply in relation to the following\nmatters that are applicable:\n(a) an assessment of the relevant person;\n(b) an application for and the issuing of a warrant to take the\nrelevant person for an assessment;\n(c) the decision about whether or not to apply for a treatment\norder in relation to the relevant person;\n(d) the making and hearing of an application for a treatment order\nin relation to the relevant person, the exercise of the Court's\njurisdiction in relation to the application, and the making of a\ntreatment order.\n(3) However, if a treatment order is made in relation to the relevant\nperson:\n(a) the Chief Health Officer may:\n(i) apply under substituted section 36(1) for a further\ntreatment order in relation to the relevant person after\nthe procedures under substituted Part 3, Division 2, have\nbeen followed; or\n(ii) apply under substituted section 37(1) for an order in\nconnection with the treatment order as if the treatment\norder had been made under substituted Part 3,\nDivision 3; and\n(b) the relevant provisions of substituted Part 3, Division 3, apply\nin relation to the application and the further treatment order or\nother order mentioned in paragraph (a).\n73 Court applications undecided under repealed provisions\n(1) If the Minister made an application under repealed section 36(1)\nand the application was not determined before the commencement\nday, repealed Part 3, Division 3, continues to apply in relation to the\napplication.\n\nPart 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act\n2009\nVolatile Substance Abuse Prevention Act 2005 38\n(2) However, if the Court makes a treatment order under repealed\nPart 3, Division 3, for a person at risk:\n(a) the Chief Health Officer may:\n(i) apply under substituted section 36(1) for a further\ntreatment order in relation to the person at risk after the\nprocedures under substituted Part 3, Division 2, have\nbeen followed; or\n(ii) apply under substituted section 37(1) for an order in\nconnection with the treatment order as if the treatment\norder had been made under substituted Part 3,\nDivision 3; and\n(b) the relevant provisions of substituted Part 3, Division 3, apply\nin relation to the application and the further treatment order or\nother order mentioned in paragraph (a).\n\nENDNOTES\nVolatile Substance Abuse Prevention Act 2005 39\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nVolatile Substance Abuse Prevention Act 2005 (Act No. 22, 2005)\nAssent date 6 May 2005\nCommenced 9 February 2006 (Gaz S2, 9 February 2006)\nLocal Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)\nAssent date 14 November 2008\nCommenced 1 July 2008 (s 2)\nVolatile Substance Abuse Prevention Amendment Act 2009 (Act No. 37, 2009)\nAssent date 15 December 2009\nCommenced 22 February 2010 (Gaz G7, 17 February 2010, p 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nAlcohol Mandatory Treatment Act 2013 (Act No. 17, 2013)\nAssent date 28 June 2013\nCommenced 1 July 2013 (s 2)\nLocal Government Amendment Act 2013 (Act No. 28, 2013)\nAssent date 8 November 2013\nCommenced 8 November 2013\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\n\nENDNOTES\nVolatile Substance Abuse Prevention Act 2005 40\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nAlcohol Harm Reduction Act 2017 (Act No. 16, 2017)\nAssent date 30 August 2017\nCommenced 1 September 2017\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 32 and 42.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 37, 2009, s 10\ns 4 amd No. 37, 2009, s 4; No. 18, 2010, s 85; No. 17, 2012, s 55; No. 38, 2014,\ns 2; No. 28, 2018, s 25\ns 8 amd No. 37, 2009, s 10\ns 17 amd No. 37, 2009, s 10\ns 20 amd No. 37, 2009, s 10\ns 23 amd No. 37, 2009, s 10\ns 29 amd No. 8, 2016, s 45\npt 3\ndiv 1 hdg amd No. 37, 2009, s 10\ns 31 sub No. 37, 2009, s 5\ns 31A ins No. 37, 2009, s 5\ns 32 amd No. 38, 2014, s 2; No. 15, 2016, s 117\n\nENDNOTES\nVolatile Substance Abuse Prevention Act 2005 41\npt 3\ndiv 2 hdg sub No. 37, 2009, s 6\nss 33 – 35 sub No. 37, 2009, s 6\npt 3\ndiv 3 hdg sub No. 37, 2009, s 6\nss 36 – 37 sub No. 37, 2009, s 6\namd No. 8, 2016, s 45\nss 38 – 39 sub No. 37, 2009, s 6\ns 40 sub No. 37, 2009, s 6\namd No. 8, 2016, s 45\ns 41 sub No. 37, 2009, s 6\nss 41A – 41B ins No. 37, 2009, s 6\namd No. 8, 2016, s 45\ns 41C ins No. 37, 2009, s 6\ns 41D ins No. 17, 2013, s 180\nrep No. 16, 2017, s 59\npt 4\ndiv 1 hdg amd No. 37, 2009, s 10\ns 42 amd No. 28, 2008, s 3; No. 28, 2013, s 61; No. 38, 2014, s 2; No. 39, 2019,\ns 370\ns 44 amd No. 37, 2009, s 10\nss 47 – 48 amd No. 37, 2009, s 10\ns 50 amd No. 37, 2009, s 10\nss 52 – 53 amd No. 37, 2009, s 10\ns 55 amd No. 37, 2009, s 10; No. 8, 2016, s 45\ns 56 amd No. 37, 2009, s 10\ns 59 amd No. 37, 2009, s 10; No. 8, 2016, s 45\nss 60 – 61 amd No. 37, 2009, s 10\nss 64 – 66 amd No. 37, 2009, s 10\ns 67 amd No. 37, 2009, s 7\ns 68 amd No. 37, 2009, s 8\ns 69 amd No. 37, 2009, s 10\npt 8 hdg ins No. 37, 2009, s 9\nss 71 – 73 ins No. 37, 2009, s 9","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Amendments (notably the Volatile Substance Abuse Prevention Amendment Act 2009 and later Acts) expanded the original framework by adding a court‑based treatment order regime and treatment warrants (ss31A,41A–41C), formalising community \"management areas\" and management plans (Part 4, ss42–51), and creating roles for authorised persons and authorised officers with specified geographic and functional limits (ss60,66). Part 8 and the endnotes record transitional arrangements for these changes (ss71–73; Endnotes)."},"complexity_factors":["Multiple operational powers across Parts 2–3 (search/seizure, apprehension, protective custody, treatment orders and warrants) requiring distinct procedures and thresholds (ss13–15,19–29,36–41C).","Overlap of criminal and civil/health interventions with separate decision‑makers (Police, Minister, Chief Health Officer, Court) creating coordination and jurisdictional complexity (ss7,31,35–36,40).","Significant administrative discretion vested in the Minister to declare substances, places of safety, appoint authorised persons/officers, and approve/declare management areas and plans (ss5,60,63,44–51).","Procedural safeguards and confidentiality regimes that constrain evidence and publication in prosecutions, adding legal complexity to enforcement (ss54–59,59).","Regulatory flexibility and delegated rule‑making powers allowing detailed procedures, standards and incorporation of external instruments by regulation (ss62,69–70).","Time limits, custody logs and health practitioner involvement in protective custody and extended detention decisions create operational burdens on police and health services (ss26–28,28(2)(d)).","Transitional and amendment history embedded in Part 8 and endnotes increases interpretive complexity for which provisions apply where earlier matters remain undecided (ss71–73; Endnotes: Volatile Substance Abuse Prevention Amendment Act 2009)."],"plain_english_summary":"The Act gives police and authorised officers powers to search for and seize volatile substances, apprehend and temporarily hold people to protect health and safety, and enables health authorities and the Local Court to order participation in time‑limited treatment programs for people judged at risk of severe harm (ss13–29, 31–41C). The Minister can declare substances, appoint authorised persons, declare places of safety and approve community \"management areas\" with written plans; enforcement and administration are carried out by the Territory while compliance duties, penalties and prosecution risk fall on private persons and suppliers (ss5,60,44–51,52–53,69)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2005 Act focused primarily on police powers of search, seizure, and protective custody. The 2009 amendments significantly expanded the scope by adding Part 3 (treatment orders and warrants), transforming the Act from a purely reactive/emergency response tool into a comprehensive health intervention scheme with court-ordered compulsory treatment. This shifted the legislation from public order management into therapeutic jurisprudence and involuntary treatment territory, substantially broadening its reach into civil commitment-style powers."},"complexity_factors":["Multiple overlapping schemes: The Act contains four distinct operational frameworks (immediate police powers in Part 2, court-ordered treatment in Part 3, community management areas in Part 4, and offences in Part 5) with different procedures, thresholds, and safeguards","Conditional logic and exceptions: Extensive use of 'if practicable', 'reasonably believes', and 'unless' clauses throughout protective custody provisions (ss 19-30) creating layered decision trees","Cross-referencing between Parts: Treatment orders (Part 3) interact with protective custody (Part 2) and the Guardianship of Adults Act 2016 (s 32), while community management (Part 4) requires coordination between residents, councils, Minister and police","Dual pathways for similar outcomes: Both apprehension/protective custody (Part 2, Div 3-4) and treatment orders/warrants (Part 3) allow for detention/compulsion but with different thresholds, time limits, and oversight mechanisms","Defined terms with Part-specific meanings: 47+ defined terms in s 4, with several having different meanings depending on which Part applies (e.g., 'responsible adult', 'area', 'application')","Transitional provisions preserving repealed law: Part 8 contains complex savings provisions for applications made under the pre-2010 version of the Act, requiring readers to understand both old and new regimes simultaneously","Incorporation of external standards: Regulations may incorporate other instruments (s 70) and guidelines may incorporate external documents (s 62(3)), creating moving targets for compliance"],"plain_english_summary":"**What this law does:**\n\nThis is a **Northern Territory law** designed to tackle the serious health and social problem of **volatile substance abuse** — commonly known as \"chroming\" or sniffing petrol, glue, aerosols, and other chemicals to get high.\n\n**Key things the law allows:**\n\n*   **Police and authorised officers can search people** they reasonably suspect are carrying or using volatile substances (like petrol, glue, paint thinner) — **without needing a warrant**. They can seize these items.\n*   **People can be apprehended (detained temporarily)** if they're believed to be a danger to themselves or others due to substance abuse. This is **not an arrest** — they can't be charged or questioned about offences. Adults can be held in \"protective custody\" at a police station for up to 10 hours if no safer place is available (children generally can't be held in cells).\n*   **Court-ordered treatment:** If someone is at risk of \"severe harm\" (serious physical, brain, or mental damage) from chronic abuse, health authorities can apply to the Local Court for a **treatment order**. This legally requires the person to participate in a treatment program (up to 16 weeks, extendable). If they don't comply, a **treatment warrant** can be issued to find and return them to treatment.\n*   **Community management plans:** Communities can apply to have their area declared a \"management area\" with specific local rules about how volatile substances are stored, sold, and used.\n*   **It's NOT illegal to sniff or possess** these substances — the law targets the **supply** to people who intend to abuse them (up to 2 years jail) and breaches of community management plans.\n\n**Who it affects:**\n\n*   **Young people and vulnerable adults** who abuse volatile substances\n*   **Police, health workers, and authorised community officers** who exercise these special powers\n*   **Retailers** who sell products like petrol, glue, or aerosols\n*   **Remote NT communities** dealing with chronic substance abuse issues\n\n**Why it matters:**\n\nThis law tries to balance **public health and safety** with **civil liberties**. It recognises that volatile substance abuse is often a health and social issue rather than purely criminal, so it focuses on **protection and treatment** rather than punishment for users. However, it also gives significant coercive powers — warrantless searches, temporary detention, and compulsory treatment — making it a controversial but targeted response to a devastating problem in many NT communities."}},"importantCases":[],"_links":{"self":"/api/acts/volatile-substance-abuse-prevention-act-2005","history":"/api/acts/volatile-substance-abuse-prevention-act-2005/history","analysis":"/api/acts/volatile-substance-abuse-prevention-act-2005/analysis","conflicts":"/api/acts/volatile-substance-abuse-prevention-act-2005/conflicts","importantCases":"/api/acts/volatile-substance-abuse-prevention-act-2005/important-cases","documents":"/api/acts/volatile-substance-abuse-prevention-act-2005/documents"}}