Alcohol and Drug Authority Act 1974 (Western Australia)

Mechanically, the Act establishes a ministerially governed corporate vehicle and a departmental administrative regime to deliver, coordinate and support services for people experiencing alcohol and other drug use problems and related co‑occurring health issues such as mental illness. The Alcohol and Other Drugs Ministerial Body (the Ministerial Body) is created as a body corporate with Crown status, immunities and privileges (s 5). The Act reassigns functions formerly exercised by the Western Australian Alcohol and Drug Authority into a Department/CEO structure and the Ministerial Body, and sets up transitional machinery to transfer assets, liabilities, staff and records (Pt 6, Divs 2-6; especially ss 39-49 and ss 52-55).

Operationally, the CEO of the Department administers the Act subject to ministerial control and has express functions to provide assessment, treatment, management, care and rehabilitation services; to subsidise and support others who provide such services; to establish premises and accommodation subject to the Minister’s consent (s 11(1)(a)-(c)); to determine classes of persons to be served (s 11(1)(e)); and to coordinate, promote and subsidise research and education (s 11(1)(f)). The CEO has broad residual powers to do anything necessary or convenient to perform those functions (s 12). The CEO may delegate powers to staff or, with Ministerial approval, to other persons (s 13); the Minister separately may delegate powers to the CEO (s 9).

The Act confers property and commercial powers on the Minister (notably the Ministerial Body) to acquire, manage, develop and dispose of real and personal property, to exploit intellectual property and to provide and monetise education, training and advertising opportunities (s 8(2)(a)-(d)). It also authorises the CEO, with the Minister’s approval where specified, to fix and recover fees for services at facilities and to regulate admissions and conduct in facilities (s 19; s 34). The Governor may make regulations to support the administration of the Act, including prescribing conduct rules for facilities and penalties up to $500 (s 36).

CrestWestern Australia

Alcohol and Other Drugs Act 1974

Western Australia

Alcohol and Other Drugs Act 1974

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

Part 2 — Administration

Division 1 — Role of Minister

Establishment of Ministerial Body 4
Purpose and nature of Ministerial Body 4
Execution of documents by Ministerial Body 5
Minister’s powers to acquire and dispose of property 6
Delegation by Minister 7

Division 2 — Role of CEO

Administration of this Act 7
Functions of CEO 8
Powers of CEO 9
Delegation by CEO 9

Division 3 — Role of Alcohol and Other Drugs Advisory Board

Establishment of Board 10

Division 4 — Staff

Appointment of staff 11
Secondments 12
Contracts for services 12
Relationship to Public Sector Management Act 1994 13

Part 3 — Facilities for alcohol and other drug use problems

Facilities 14
Procedure on deaths or serious injuries in facilities 14

Part 5 — Miscellaneous provisions

Recovery of fees 15
Regulations 15
Review of this Act 16

Part 6 — Transitional matters for Alcohol and Drug Authority Amendment Act 2015

Division 1 — Interpretation

Terms used 17

Division 2 — Authority and its members

Authority abolished 19
Immunity continues 19

Division 3 — Authority’s assets, rights and liabilities

Transfer to Ministerial Body or State 19
Transfer orders 20
Correction of errors in transfer orders 22
Reserves managed by Authority 22
Registration of documents 23
Authority to complete necessary transactions 24
Exemption from State tax 25
Operating accounts of Authority 25
Investments 26

Division 4 — Authority’s staff

Employees of Authority 27
Preservation of rights 27

Division 5 — Continuation of certain things

Completion of things done 28
Continuing effect of things done 28
Agreements, instruments, proceedings and remedies generally 29

Division 6 — Other matters

Authority’s records to be delivered to CEO 29
Transitional regulations 30
Effect on other instruments, rights and obligations 31
Interpretation Act 1984 not affected 32

Notes

Compilation table 33

Uncommenced provisions table 34

Other notes 34

Defined terms

Alcohol and Other Drugs Act 1974

An Act for the purposes of —

providing treatment, management, care and rehabilitation of persons experiencing alcohol or other drug use problems or co‑occurring health issues, including persons who have or may have a mental illness; and
promoting and subsidising research into and education on the causation, prevention, reduction and treatment of alcohol and other drug use problems and co‑occurring health issues such as mental illness; and
establishing and maintaining a coordinated focus on alcohol and other drug use and mental illness,

and for related purposes.

[Long title inserted: No. 3 of 2015 s. 4.]

Part 1 — Preliminary

[Heading amended: No. 3 of 2015 s. 5.]

1. Short title

This Act may be cited as the Alcohol and Other Drugs Act 1974.

[Section 1 amended: No. 3 of 2015 s. 6.]

2. Commencement

The provisions of this Act shall come into operation on such day or days as is or are, respectively, fixed by proclamation.

[3. Deleted: No. 10 of 1998 s. 76.]

4. Terms used

In this Act, unless the context requires otherwise —

CEO means the chief executive officer of the Department;

Department means the department of the Public Service principally assisting the Minister in administering this Act;

facility means premises maintained by the CEO for the assessment, treatment, management, care or rehabilitation of persons experiencing alcohol or other drug use problems or co‑occurring health issues, including persons who have or may have a mental illness;

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

Ministerial Body means the Alcohol and Other Drugs Ministerial Body established by section 5;

staff member means —

(a) a public service officer referred to in section 15(1)(a); or

(b) a person appointed under section 15(1)(b) or (c); or

[Section 4 amended: No. 32 of 1994 s. 19; No. 22 of 2008 Sch. 3 cl. 2; No. 35 of 2010 s. 25; No. 3 of 2015 s. 7.]

Part 2 — Administration

[Heading inserted: No. 3 of 2015 s. 8.]

Division 1 — Role of Minister

[Heading inserted: No. 3 of 2015 s. 8.]

5. Establishment of Ministerial Body

(1) The Alcohol and Other Drugs Ministerial Body is established.

(2) The Ministerial Body is a body corporate with perpetual succession.

(3) Proceedings may be taken by or against the Ministerial Body in its corporate name.

(4) The Ministerial Body must be governed by the Minister.

(5) The Ministerial Body has the status, immunities and privileges of the Crown.

[Section 5 inserted: No. 3 of 2015 s. 8.]

6. Purpose and nature of Ministerial Body

(1) The Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under this Act that can more conveniently be performed by a body corporate than an individual.

(2) Any acts or things done through the Ministerial Body as described in subsection (1) must be regarded as —

(a) services under the control of the Department for the purposes of the Financial Management Act 2006 section 52; and

(b) operations of the Department for the purposes of Part 5 of that Act.

(3) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the Ministerial Body, the Ministerial Body and those officers are not an organisation for the purposes of that Act.

[Section 6 inserted: No. 3 of 2015 s. 8.]

7. Execution of documents by Ministerial Body

(1) The Ministerial Body must have a common seal.

(2) A document is duly executed by the Ministerial Body if —

(a) the common seal of the Ministerial Body is affixed to it in accordance with subsections (3) and (4); or

(b) it is signed on behalf of the Ministerial Body by the Minister; or

(3) The common seal of the Ministerial Body must not be affixed to a document except as authorised by the Ministerial Body.

(4) The common seal of the Ministerial Body must be affixed to a document in the presence of the Minister and the Minister must sign the document to attest that the common seal was so affixed.

(5) The Ministerial Body may, by writing under its seal, authorise the CEO or another person to execute deeds or other documents on behalf of the Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.

(6) A document purporting to be executed in accordance with this section must be presumed to be duly executed until the contrary is shown.

(7) A document executed by the CEO or another person under this section without the common seal of the Ministerial Body must not be regarded as a deed unless it is executed as a deed as authorised under subsection (5).

(8) When a document is produced bearing a seal purporting to be the common seal of the Ministerial Body, it must be presumed that the seal is the common seal of the Ministerial Body until the contrary is shown.

(9) For the purposes of this Act, a facsimile of any of the following may be used —

(a) the Ministerial Body’s seal;

(b) the signature of the Minister;

(10) A deed or other document purporting to be endorsed with such a facsimile must be regarded as bearing the facsimile under subsection (9) until the contrary is shown.

[Section 7 inserted: No. 3 of 2015 s. 8.]

8. Minister’s powers to acquire and dispose of property

(1) In this section —

acquire includes taking on lease or licence or in any other manner in which property may be acquired;

dispose of includes disposing of by way of lease or licence or in any other manner in which property may be disposed of.

(2) For the purposes of this Act, the Minister may —

(a) acquire, hold, manage, improve, develop, dispose of and otherwise deal in real and personal property; and

(b) develop and turn to account any technology, software or other intellectual property and apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and

(d) provide and turn to account advertising opportunities or opportunities to participate in arrangements in the nature of advertising or having a purpose similar to advertising.

[Section 8 inserted: No. 3 of 2015 s. 8.]

9. Delegation by Minister

(1) The Minister may delegate to the CEO any power or duty of the Minister under another provision of this Act.

(2) Without limiting the powers or duties that may be delegated under this section, they include powers or duties that are to be exercised or performed in the course of governing the affairs of the Ministerial Body under section 5(4).

(3) A delegation under this section must be in writing signed by the Minister.

(4) The CEO cannot delegate a power or duty that is delegated to the CEO under this section.

(5) The exercise or performance by the CEO of a power or duty that has been delegated to the CEO under this section is to be taken to be in accordance with the terms of the delegation unless the contrary is shown.

(6) This section does not limit the ability of the Minister to perform a function through an officer or agent.

[Section 9 inserted: No. 3 of 2015 s. 8.]

Division 2 — Role of CEO

[Heading inserted: No. 3 of 2015 s. 8.]

10. Administration of this Act

Subject to the general control of the Minister and any directions or instructions given under the Public Sector Management Act 1994 section 32 by the Minister to the CEO, the CEO must carry out the administration of this Act.

[Section 10 inserted: No. 3 of 2015 s. 8.]

11. Functions of CEO

(1) The functions of the CEO include the following —

(a) to provide assessment, treatment, management, care and rehabilitation of persons experiencing alcohol or other drug use problems or co‑occurring health issues, including persons who have or may have a mental illness, and to subsidise and otherwise support, as the CEO thinks fit, any other persons or organisations providing any one or more of those things;

(b) subject to the Minister’s consent, to establish and maintain premises for the assessment, treatment, management, care and rehabilitation of persons experiencing alcohol or other drug use problems or co‑occurring health issues, including persons who have or may have a mental illness, and to subsidise and otherwise support, as the CEO thinks fit, other persons and organisations establishing or maintaining premises for any one or more of those purposes;

(c) subject to the Minister’s consent, to establish and maintain accommodation for persons for whom assessment, treatment, management, care or rehabilitation services are provided under this Act and to subsidise and otherwise support, as the CEO thinks fit, other persons and organisations establishing or maintaining such accommodation;

(d) to provide such other facilities and services as the CEO considers necessary or desirable for the purposes of this Act;

(e) to determine the persons or classes of person for whom the CEO may provide facilities or services under this Act or in respect of whom the CEO may subsidise or otherwise support other persons and organisations providing facilities and services consistent with the purposes of this Act;

(f) to coordinate, promote, and subsidise, in Western Australia research into and education on the causation, prevention, reduction and treatment of alcohol and other drug use problems and co‑occurring health issues such as mental illness;

(g) to inquire into offences in which the use of alcohol or other drugs or both is an element, and the penalties for those offences, and to make recommendations to the Minister and Attorney General in relation to the need for, or desirability of, legislative action in the community interest in relation to those offences and penalties;

(h) subject to the Minister’s consent, to cooperate and enter into agreement with other persons and organisations, in this State or otherwise, to such extent as may be necessary for the purposes of this Act.

(2) For the purposes of subsection (1)(b), (c) and (h), the Minister’s consent may be given subject to such terms and conditions as the Minister thinks fit.

[Section 11 inserted: No. 3 of 2015 s. 8.]

12. Powers of CEO

The CEO may do anything necessary or convenient for the performance of the CEO’s functions under this Act.

[Section 12 inserted: No. 3 of 2015 s. 8.]

13. Delegation by CEO

(1) The CEO may delegate any power or duty of the CEO under another provision of this Act to —

(a) a staff member; or

(b) with the approval of the Minister, any other person.

(2) The Minister must not approve a delegation under subsection (1)(b) unless satisfied that the delegation is necessary or convenient having regard to —

(a) the functions of the Department; or

(b) the specialised knowledge, expertise or resources of the person to whom the power or duty is delegated.

(3) A delegation under this section must be in writing signed by the CEO.

(4) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(5) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(6) This section does not limit the ability of the CEO to perform a function through an officer or agent.

[Section 13 inserted: No. 3 of 2015 s. 8.]

Division 3 — Role of Alcohol and Other Drugs Advisory Board

[Heading inserted: No. 3 of 2015 s. 8.]

14. Establishment of Board

(1) The Minister must establish the Alcohol and Other Drugs Advisory Board to provide advice to the CEO about matters relevant to the performance of functions under section 11.

(2) Subsection (1) does not authorise the Minister to establish a body corporate.

(3) The Board must consist of the people that the Minister thinks fit to appoint.

(4) The Board must be established by an instrument signed by the Minister that —

(a) identifies the members of the Board and the length and conditions of each of their appointments; and

(b) sets out the duties and responsibilities of the Board; and

(c) sets out any other matters in relation to the operation and procedures of the Board that the Minister considers appropriate.

(5) The Minister may, by instrument signed by the Minister, amend or cancel an instrument made under subsection (4).

(6) Except to the extent that its procedures are set out in an instrument made under subsection (4), the Board may determine its own procedures.

(7) The members of the Board are entitled to any remuneration and allowances that the Minister may determine on the recommendation of the Public Sector Commissioner.

[Section 14 inserted: No. 3 of 2015 s. 8.]

Division 4 — Staff

[Heading inserted: No. 3 of 2015 s. 8.]

15. Appointment of staff

(1) For the purposes of this Act, the following persons may be employed or engaged in the Department —

(a) public service officers appointed or made available under the Public Sector Management Act 1994 Part 3;

(b) medical practitioners appointed by the CEO;

(2) Subject to any relevant award or industrial agreement, the terms and conditions of an appointment under subsection (1)(b) or (c) are to be such terms and conditions as the CEO, with the approval of the Public Sector Commissioner, determines.

(3) A person appointed under subsection (1)(b) or (c) is not a person appointed under the Public Sector Management Act 1994 Part 3.

[Section 15 inserted: No. 3 of 2015 s. 8.]

16. Secondments

(1) In this section —

employer means —

(a) an employing authority as defined in the Public Sector Management Act 1994 section 3(1); or

(b) an employer outside the Public Sector as defined in the Public Sector Management Act 1994 section 3(1).

(2) The CEO may arrange with another employer for an employee of that other employer to perform duties in the service of the Department for the purposes of this Act.

(3) The CEO may, with the consent of a person appointed under section 15(1)(b) or (c), arrange with another employer for the person to perform duties in the service of that other employer for the purposes of this Act.

[Section 16 inserted: No. 3 of 2015 s. 8.]

17. Contracts for services

(1) The CEO may engage a person to perform services for the purposes of this Act under a contract for services on the terms and conditions (including as to remuneration) that the CEO thinks fit.

(2) A person engaged under subsection (1) is not a person appointed under the Public Sector Management Act 1994 Part 3.

[Section 17 inserted: No. 3 of 2015 s. 8.]

18. Relationship to Public Sector Management Act 1994

The CEO’s powers under this Division are in addition to, and do not affect, the CEO’s powers under the Public Sector Management Act 1994 as an employing authority.

[Section 18 inserted: No. 3 of 2015 s. 8.]

Part 3 — Facilities for alcohol and other drug use problems

[Heading inserted: No. 3 of 2015 s. 8.]

19. Facilities

The CEO may, with the Minister’s approval, with respect to any facility —

(a) prohibit or regulate the admission of persons to, or the right of persons to remain in, the facility; or

(b) fix fees for any service provided at the facility and determine the persons or classes of person who are liable for payment of those fees in full or in part or who may be exempted from such payment.

[Section 19 inserted: No. 3 of 2015 s. 8.]

20. Procedure on deaths or serious injuries in facilities

(1) The CEO must hold an inquiry into the death of, or any serious injury caused to, any person while in a facility for assessment, treatment, management, care or rehabilitation.

(2) The person in charge of a facility must report to the CEO with respect to the circumstances surrounding the death of, or any serious injury caused to, any person while in a facility for assessment, treatment, management, care or rehabilitation.

[Section 20 inserted: No. 3 of 2015 s. 8.]

[21-26. Deleted: No. 3 of 2015 s. 8.]

[Pt. IV: s. 27-30 and 32 deleted: No. 3 of 2016 s. 8;
s. 31 and 33 deleted: No. 98 of 1985 s. 3]

Part 5 — Miscellaneous provisions

[Heading amended: No. 3 of 2015 s. 9.]

34. Recovery of fees

A fee payable under this Act is recoverable, by a staff member authorised by the CEO, in a court of competent jurisdiction as a debt due to the State.

[Section 34 inserted: No. 3 of 2015 s. 10.]

[35. Deleted: No. 3 of 2015 s. 10.]

36. Regulations

(1) The Governor may make such regulations, not inconsistent with this Act, as are necessary or desirable for the proper administration of this Act or for achieving the purposes of this Act.

(2) Without limiting the generality of subsection (1) the Governor may make regulations —

(a) regulating the general conduct of persons while in a facility for assessment, treatment, management, care or rehabilitation and of visitors to a facility;

(b) for prohibiting and preventing trespass on a facility.

(3) The regulations may prescribe penalties, not exceeding a fine of $500, in respect of a breach of any of the regulations.

(4) The regulations may require that any information, account, document, or form required to be given or furnished under the regulations must be verified by statutory declaration.

(5) A regulation —

(a) may be limited in its application to time, place, or circumstance; and

(b) may provide that any act or thing done must be done with the approval or to the satisfaction of a specified person or class of persons and may confer a discretionary authority.

[Section 36 amended: No. 3 of 2015 s. 11.]

37. Review of this Act

(1) The Minister must review the operation and effectiveness of this Act as soon as practicable after the expiry of 5 years from the commencement of the Alcohol and Drug Authority Amendment Act 2015 section 8.

(2) The Minister must, as soon as practicable —

(a) prepare a report about the outcome of the review; and

(b) cause a copy of the report to be laid before each House of Parliament.

[Section 37 inserted: No. 3 of 2015 s. 12.]

Part 6 — Transitional matters for Alcohol and Drug Authority Amendment Act 2015

[Heading inserted: No. 3 of 2015 s. 13.]

Division 1 — Interpretation

[Heading inserted: No. 3 of 2015 s. 13.]

38. Terms used

In this Part —

amended Act means this Act as amended by the Alcohol and Drug Authority Amendment Act 2015 section 8;

assets —

(a) means any legal or equitable estates or interests (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description; and

(b) includes money, securities, choses in action and documents;

Authority means the Western Australian Alcohol and Drug Authority established by the former Act section 5;

former Act means this Act as in force immediately before transition day;

LAA means the Land Administration Act 1997;

liabilities means any liabilities, duties or obligations, whether actual, contingent or prospective, liquidated or unliquidated or whether owed alone or jointly or jointly and severally with any other persons;

Minister for Lands means the Minister as defined in the LAA section 3(1);

operating account means an agency special purpose account established under the Financial Management Act 2006 section 16;

relevant official means —

(a) the Registrar of Titles; or

(b) the Registrar of Deeds and Transfers; or

(c) any other person authorised by a written law to record and give effect to the registration of documents relating to transactions affecting any estate or interest in land or any other property;

relevant successor means —

(a) the Minister in relation to a function of the Authority that becomes a function of the Minister on transition day; or

(b) the CEO in relation to a function of the Authority that becomes a function of the CEO on transition day; or

(d) the State in relation to assets and liabilities of the Authority assigned to the State by section 41;

rights means any rights, powers, privileges or immunities, whether actual, contingent or prospective;

statutory transition —

(a) means the transition from the provisions of the former Act to the amended Act; and

(b) includes the transition from the Authority to a relevant successor;

this Part includes regulations made under section 56(2);

transfer order means an order made under section 42;

transition day means the day on which the Alcohol and Drug Authority Amendment Act 2015 section 8 comes into operation.

[Section 38 inserted: No. 3 of 2015 s. 13.]

Division 2 — Authority and its members

[Heading inserted: No. 3 of 2015 s. 13.]

39. Authority abolished

On transition day, the Authority is abolished and the members of the Authority go out of office.

[Section 39 inserted: No. 3 of 2015 s. 13.]

40. Immunity continues

Despite the abolition of the Authority by section 39, if the Authority had the benefit of any immunity in respect of an act, matter or thing done or omitted before transition day, that immunity continues on and after transition day in that respect for the benefit of a relevant successor so far as the act, matter or thing is within the relevant successor’s functions.

[Section 40 inserted: No. 3 of 2015 s. 13.]

Division 3 — Authority’s assets, rights and liabilities

[Heading inserted: No. 3 of 2015 s. 13.]

41. Transfer to Ministerial Body or State

(1) On transition day —

(a) the assets of the Authority specified in a transfer order are assigned to and become the assets of the Ministerial Body; and

(b) the rest of the assets of the Authority are assigned to and become the assets of the State.

(2) On transition day —

(a) the liabilities of the Authority specified in a transfer order are assigned to and become the liabilities of the Ministerial Body; and

(b) the rest of the liabilities of the Authority are assigned to and become the liabilities of the State.

(3) On transition day, the Ministerial Body is substituted for the Authority as a party to any proceedings specified in a transfer order.

(4) On and after transition day, any agreement or instrument specified in a transfer order has effect as if references to the Ministerial Body were substituted, in accordance with the order, for references to the Authority.

(5) On and after transition day, any proceedings or remedy that might have been commenced by or against, or might have been available to or against, the Authority in relation to the assets and liabilities assigned by subsections (1) and (2) may be commenced by or against, or are available to or against —

(a) the Ministerial Body in the case of assets and liabilities assigned by subsections (1)(a) and (2)(a); and

(b) the State in the case of assets and liabilities assigned by subsections (1)(b) and (2)(b).

(6) On and after transition day, an act or omission done or omitted in relation to the assets and liabilities assigned by subsections (1) and (2) before the assignment by, to or in respect of the Authority is, to the extent that the act or omission has any effect, to be taken to have been done or omitted by, to or in respect of —

(a) the Ministerial Body in the case of the assets and liabilities assigned by subsections (1)(a) and (2)(a); and

(b) the State in the case of assets and liabilities assigned by subsections (1)(b) and (2)(b).

[Section 41 inserted: No. 3 of 2015 s. 13.]

42. Transfer orders

(1) To facilitate the statutory transition, the Minister may, by order published in the Gazette (a transfer order), specify all or any of the following —

(a) assets and liabilities of the Authority that are to be assigned to the Ministerial Body by operation of section 41;

(b) proceedings in which the Ministerial Body is to be substituted for the Authority as a party by operation of section 41;

(c) agreements and instruments that, by operation of section 41, are to have effect as if references to the Ministerial Body were substituted, in accordance with the order, for references in the agreements and instruments to the Authority.

(2) A transfer order may also deal with any matter that is incidental or supplementary to a matter to which subsection (1) relates and the transfer order has effect accordingly.

(3) A transfer order may specify things by reference to one or more schedules that —

(a) need not be published in the Gazette; but

(b) must be available for public inspection.

(4) Anything specified in a schedule for a transfer order is to be taken to be specified in the transfer order.

(5) A thing may be specified in a transfer order by describing the class to which it belongs.

(6) Before a transfer order is made specifying an interest in land that, under the LAA, can only be assigned with the approval of the Minister for Lands, the Minister must obtain that approval.

(7) Before a transfer order is made specifying anything by reference to a schedule, the Minister must consult each relevant official about the form and content of the schedule.

(8) To the extent to which a schedule for a transfer order relates to the functions of the Registrar of Titles, the schedule must be in a form that meets the requirements of the Registrar.

(9) A thing done by, under or for the purposes of this Part is not invalid merely because subsection (7) or (8) was not complied with.

(10) The fact that a previous transfer order has been made does not prevent a further transfer order from being made.

(11) The Minister may, by order published in the Gazette, amend a transfer order or a schedule for a transfer order.

(12) A transfer order, or an amendment to a transfer order or to a schedule for a transfer order, can only be made before transition day.

[Section 42 inserted: No. 3 of 2015 s. 13.]

43. Correction of errors in transfer orders

(1) The Minister may, by order published in the Gazette, make any provision that is necessary to correct any error in a transfer order or a schedule for a transfer order.

(2) An order made under subsection (1) may have effect on and after transition day.

(3) To the extent that an order made under subsection (1) has effect before the day of its publication in the Gazette, section 41 does not operate as a result of the order so as —

(a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of its publication; or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted before the day of its publication.

[Section 43 inserted: No. 3 of 2015 s. 13.]

44. Reserves managed by Authority

(1) This section applies to any Crown land that, immediately before transition day, was a reserve under the LAA section 41 for which the Authority was the management body under the LAA section 46(1).

(2) On transition day —

(a) Crown land to which this section applies is to be taken to be a reserve under the LAA section 41 for the purposes of the Alcohol and Other Drugs Act 1974; and

(b) the Ministerial Body is to be taken to be the management body of the reserve under the LAA section 46(1).

(3) For the purposes of section 45 and the purposes of the LAA —

(a) subsection (2)(a) must be treated as if it were an order made under the LAA section 51 changing the purpose of the reserve; and

(b) subsection (2)(b) must be treated as if it were —

(i) an order made under the LAA section 50(1)(a) revoking the management order placing the care, control and management of the reserve with the Authority and specifying that any interests that existed in, or any caveats that existed in respect of, the reserve immediately before transition day continue to exist in respect of the reserve on and after transition day; and

(ii) a management order made under the LAA section 46(1) placing the care, control and management of the reserve with the Ministerial Body subject to any conditions (with the changes necessary to take account of differences as to purpose and management body) to which the management order referred to in subparagraph (i) was subject immediately before transition day.

[Section 44 inserted: No. 3 of 2015 s. 13.]

45. Registration of documents

(1) The relevant officials —

(a) must take notice of this Part and any transfer order, including any schedule for the transfer order; and

(b) must record and register in the appropriate manner the documents necessary to show the effect of this Part and any transfer order.

(2) The Minister must give a copy of each transfer order and any schedule for it, and any amendment to a transfer order or to a schedule for a transfer order, to each relevant official.

[Section 45 inserted: No. 3 of 2015 s. 13.]

46. Authority to complete necessary transactions

(1) If an asset or liability of the Authority cannot be properly assigned to the Ministerial Body or the State by the operation of this Division (whether because the matter is governed otherwise than by the law of the State or for any other reason) —

(a) the Authority is to be taken to continue to hold that asset or be liable for that liability until it is effectively assigned to the Ministerial Body or the State in accordance with this Division; and

(b) the Authority must take all practicable steps for the purpose of ensuring that the asset or liability is effectively assigned to the Ministerial Body or the State in accordance with this Division.

(2) The fact that subsection (1)(a) applies to an asset or liability that is to be assigned to the Ministerial Body or the State under this Division does not affect the duty of the accountable authority of the Department under the Financial Management Act 2006.

(3) Despite section 39, the Authority continues in existence for the purpose of performing the functions described in subsection (1).

(4) The Authority must perform those functions through a person appointed by the Minister.

(5) The person holds office at the pleasure of the Minister and on such terms and conditions as the Minister determines.

(6) The Authority as continued by this section has the powers that are necessary or convenient for the purposes of this section.

[Section 46 inserted: No. 3 of 2015 s. 13.]

47. Exemption from State tax

(1) In this section —

State tax includes —

(a) duty chargeable under the Duties Act 2008; and

(b) any other tax, duty, fee, levy or charge under a law of the State.

(2) State tax is not payable in relation to —

(a) anything that occurs by operation of this Part; or

(b) anything done (including a transaction entered into or an instrument or document of any kind made, executed, lodged or given) under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

(3) The Minister may certify in writing that —

(a) a specified thing occurred by operation of this Part; or

(b) a specified thing was done under this Part, or to give effect to this Part, or for a purpose connected with or arising out of giving effect to this Part.

(4) For all purposes and in all proceedings, a certificate under subsection (3) is sufficient evidence of the matters it certifies unless the contrary is shown.

[Section 47 inserted: No. 3 of 2015 s. 13.]

48. Operating accounts of Authority

(1) In this section —

former accounts means —

(a) the Western Australian Alcohol and Drug Authority Account referred to in the former Act section 28(2); and

(b) any other operating accounts of the Authority.

(2) On transition day, any moneys standing to the credit of the former accounts must be credited to an operating account of the Department and the former accounts must then be closed.

(3) Moneys referred to in subsection (2) may be applied —

(a) in the payment of any liabilities of the former accounts arising before transition day; and

(b) for the purposes of this Act.

(4) The operating account referred to in subsection (2) must be credited with any money payable to the former accounts before transition day that is paid on or after that day.

(5) On and after transition day, any agreement, instrument or other document that contains a reference to any of the former accounts has effect as if the reference were to the operating account referred to in subsection (2).

[Section 48 inserted: No. 3 of 2015 s. 13.]

49. Investments

(1) Despite the repeal of the former Act Part IV, the investment of any funds of the Authority that was authorised under the former Act section 30 immediately before transition day continues on and after transition day to be authorised as if that section had not been repealed.

(2) Funds referred to in subsection (1) that cease to be invested as described in that subsection must be credited to an operating account of the Department.

[Section 49 inserted: No. 3 of 2015 s. 13.]

Division 4 — Authority’s staff

[Heading inserted: No. 3 of 2015 s. 13.]

50. Employees of Authority

(1) A person who, immediately before transition day, held an appointment under the former Act section 21(1)(a) that required the person to be a medical practitioner is to be taken, on and after transition day, to be appointed under the amended Act section 15(1)(b).

(2) A person who, immediately before transition day, held another appointment under the former Act section 21(1)(a) is to be taken, on and after transition day, to be a public service officer employed in the Department.

(3) A person who, immediately before transition day, held an appointment under the former Act section 21(1)(b) is to be taken, on and after transition day, to be appointed under the amended Act section 15(1)(c).

(4) A person who, immediately before transition day, is a senior executive officer (as defined in the Public Sector Management Act 1994 section 3(1)) employed in the Authority is to be taken, on and after transition day, to be a senior executive officer employed in the Department.

[Section 50 inserted: No. 3 of 2015 s. 13.]

51. Preservation of rights

(1) This section applies in relation to a person to whom section 50 applies.

(2) Except as otherwise agreed by the person, the operation of section 50 does not —

(a) affect the person’s pay as defined in the Public Sector Management (Redeployment and Redundancy) Regulations 1994 1 regulation 3(1); or

(b) affect the person’s existing or accruing rights in respect of annual leave, long service leave, sick leave or any other leave; or

(d) interrupt the continuity of the person’s service.

(3) For the purposes of subsection (2)(d), the person’s service with the Authority is to be taken to have been service in the Department.

[Section 51 inserted: No. 3 of 2015 s. 13.]

Division 5 — Continuation of certain things

[Heading inserted: No. 3 of 2015 s. 13.]

52. Completion of things done

Anything commenced to be done by the Authority before transition day may be continued on and after transition day by a relevant successor so far as the doing of the thing is within the relevant successor’s functions.

[Section 52 inserted: No. 3 of 2015 s. 13.]

53. Continuing effect of things done

(1) This section applies in relation to an act or omission done or omitted before transition day by, to or in respect of the Authority to the extent that the act or omission —

(a) has force or significance; and

(b) is not governed by another provision of this Part.

(2) On and after transition day, the act or omission is to be taken to have been done or omitted by, to or in respect of a relevant successor so far as the act or omission relates to the relevant successor’s functions.

[Section 53 inserted: No. 3 of 2015 s. 13.]

54. Agreements, instruments, proceedings and remedies generally

(1) Subsection (2) applies to any agreement or instrument to which section 41 does not apply.

(2) On and after transition day, any agreement or instrument that contains a reference to the Authority has effect as if the reference were to a relevant successor so far as the reference relates to the relevant successor’s functions, unless the context otherwise requires.

(3) Subsection (4) applies in relation to any proceedings or remedy to which section 41 does not apply.

(4) On and after transition day, any proceedings or remedy that might have been commenced or continued by or against, or might have been available to or against, the Authority may be commenced or continued by or against, or is available to or against, a relevant successor so far as the proceedings or remedy are in respect of an act, matter or thing that is within the relevant successor’s functions.

[Section 54 inserted: No. 3 of 2015 s. 13.]

Division 6 — Other matters

[Heading inserted: No. 3 of 2015 s. 13.]

55. Authority’s records to be delivered to CEO

As soon as practicable after transition day, all papers, documents, minutes, books of account and other records (however compiled, recorded or stored) of the Authority must be delivered to the CEO.

[Section 55 inserted: No. 3 of 2015 s. 13.]

56. Transitional regulations

(1) In this section —

publication day, for regulations made under subsection (2), means the day on which those regulations are published in the Gazette;

specified means specified or described in regulations made under subsection (2);

transitional matter —

(a) means a matter that needs to be dealt with for the purpose of effecting the statutory transition; and

(b) includes a saving or application matter.

(2) If there is no sufficient provision in this Part or in a transfer order for dealing with a transitional matter, the Governor may make regulations prescribing matters —

(a) required to be prescribed for the purpose of dealing with the transitional matter; or

(b) necessary or convenient to be prescribed for the purpose of dealing with the transitional matter.

(3) Regulations made under subsection (2) may provide that specified provisions of this Act —

(a) do not apply to or in relation to a specified matter; or

(b) apply with specified modifications to or in relation to a specified matter.

(4) If regulations made under subsection (2) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and after a day that is earlier than publication day for those regulations but not earlier than transition day, the regulations have effect according to their terms.

(5) If regulations made under subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as —

(a) to affect in a manner prejudicial to a person (other than the State or an authority of the State) the rights of that person existing before publication day for those regulations; or

(b) to impose liabilities on a person (other than the State or an authority of the State) in respect of an act done or omission made before publication day for those regulations.

(6) Regulations can only be made under subsection (2) within 24 months after the day on which the Alcohol and Drug Authority Amendment Act 2015 receives the Royal Assent.

[Section 56 inserted: No. 3 of 2015 s. 13.]

57. Effect on other instruments, rights and obligations

The operation of this Part or a transfer order must not be regarded —

(a) as a breach of contract or confidence or otherwise as a civil wrong; or

(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or

(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any assets, rights or liabilities; or

(d) as causing any contract or instrument to be void or otherwise unenforceable; or

(e) as releasing or allowing the release of any surety.

[Section 57 inserted: No. 3 of 2015 s. 13.]

58. Interpretation Act 1984 not affected

Except to the extent this Part expressly provides differently, the Interpretation Act 1984 applies in relation to the repeal of an enactment by the Alcohol and Drug Authority Amendment Act 2015 Part 2.

[Section 58 inserted: No. 3 of 2015 s. 13.]

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Notes

This is a compilation of the Alcohol and Other Drugs Act 1974 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Alcohol and Drug Authority Act 1974 2	32 of 1974	4 Nov 1974	29 Nov 1974 (see s. 2 and Gazette 29 Nov 1974 p. 5167)
Acts Amendment and Repeal (Disqualification for Parliament) Act 1984 Pt. II	78 of 1984	14 Nov 1984	1 Jul 1985 (see s. 2 and Gazette 17 May 1985 p. 1671)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3	98 of 1985	4 Dec 1985	1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Acts Amendment (Public Service) Act 1987 s. 32	113 of 1987	31 Dec 1987	16 Mar 1988 (see s. 2 and Gazette 16 Mar 1988 p. 813)
Guardianship and Administration Act 1990 s. 123	24 of 1990	7 Sep 1990	20 Oct 1992 (see s. 2 and Gazette 2 Oct 1992 p. 4811)
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
Financial Legislation Amendment Act 1996 s. 48 and 64	49 of 1996	25 Oct 1996	25 Oct 1996 (see s. 2(1))
Trustees Amendment Act 1997 s. 18	1 of 1997	6 May 1997	16 Jun 1997 (see s. 2 and Gazette 10 Jun 1997 p. 2661)
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 76	10 of 1998	30 Apr 1998	30 Apr 1998 (see s. 2(1))
*Reprint of the Alcohol and Drug Authority Act 1974* as at 1 Apr 1999** (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 8	77 of 2006	21 Dec 2006	1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Medical Practitioners Act 2008 Sch. 3 cl. 2	22 of 2008	27 May 2008	1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)
Acts Amendment (Bankruptcy) Act 2009 s. 8	18 of 2009	16 Sep 2009	17 Sep 2009 (see s. 2(b))
*Reprint 2: The Alcohol and Drug Authority Act 1974* as at 5 Feb 2010** (includes amendments listed above)
Health Practitioner Regulation National Law (WA) Act 2010 Pt. 5 Div. 2	35 of 2010	30 Aug 2010	18 Oct 2010 (see s. 2(b) and Gazette 1 Oct 2010 p. 5075-6)
Public Sector Reform Act 2010 s. 90	39 of 2010	1 Oct 2010	1 Dec 2010 (see s. 2(b) and Gazette 5 Nov 2010 p. 5563)
Alcohol and Drug Authority Amendment Act 2015 Pt. 2	3 of 2015	25 Feb 2015	s. 13: 25 Feb 2015 (see s. 2(a)); Pt. 2 (other than s. 13): 1 Jul 2015 (see s. 2(b) and Gazette 10 Apr 2015 p. 1249)
*Reprint 3: The Alcohol and Other Drugs Act 1974* as at 5 Feb 2016** (includes amendments listed above)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title	Number and year	Assent	Commencement
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 29	43 of 2000	2 Nov 2000	To be proclaimed (see s. 2(2))

Other notes

1 Repealed by the Public Sector Management (Redeployment and Redundancy) Regulations 2014.

2 Now known as the Alcohol and Other Drugs Act 1974; short title amended (see note under s. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

acquire 8(1)

amended Act 38

assets 38

Authority 38

CEO 4

Department 4

dispose of 8(1)

employer 16(1)

facility 4

former accounts 48(1)

former Act 38

LAA 38

liabilities 38

medical practitioner 4

Minister for Lands 38

Ministerial Body 4

operating account 38

publication day 56(1)

relevant official 38

relevant successor 38

rights 38

specified 56(1)

staff member 4

State tax 47(1)

statutory transition 38

this Part 38

transfer order 38, 42(1)

transition day 38

transitional matter 56(1)

Western Australia

Alcohol and Other Drugs Act 1974

Western Australia

Alcohol and Other Drugs Act 1974

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2

Part 2 — Administration

Division 1 — Role of Minister

Establishment of Ministerial Body 4
Purpose and nature of Ministerial Body 4
Execution of documents by Ministerial Body 5
Minister’s powers to acquire and dispose of property 6
Delegation by Minister 7

Division 2 — Role of CEO

Administration of this Act 7
Functions of CEO 8
Powers of CEO 9
Delegation by CEO 9

Division 3 — Role of Alcohol and Other Drugs Advisory Board

Establishment of Board 10

Division 4 — Staff

Appointment of staff 11
Secondments 12
Contracts for services 12
Relationship to Public Sector Management Act 1994 13

Part 3 — Facilities for alcohol and other drug use problems

Facilities 14
Procedure on deaths or serious injuries in facilities 14

Part 5 — Miscellaneous provisions

Recovery of fees 15
Regulations 15
Review of this Act 16

Part 6 — Transitional matters for Alcohol and Drug Authority Amendment Act 2015

Division 1 — Interpretation

Terms used 17

Division 2 — Authority and its members

Authority abolished 19
Immunity continues 19

Defined terms and institutional re‑organisation anchor the Act. Key definitions are: CEO (chief executive officer of the Department); Department (the Public Service department principally assisting the Minister) and facility (premises maintained by the CEO for assessment, treatment, management, care or rehabilitation) (s 4). These definitions control who does what and what places are captured by the facility powers (s 4; s 19).

The Ministerial Body is a deliberately narrow corporate instrument through which the Minister “can perform any of the Minister’s functions under this Act that can more conveniently be performed by a body corporate than an individual” (s 6(1)). The Ministerial Body has Crown status and is governed by the Minister (s 5(2)-(5)). Section 6(2) places acts done through the Ministerial Body within the Financial Management Act 2006 framework as services and Department operations, so finance and accountability rules of that Act apply to such activities (s 6(2)(a)-(b)).

Delegation structures are an organising concept. The Minister may delegate to the CEO (s 9). The CEO administers the Act subject to ministerial control (s 10). The CEO’s functions are broad and include direct service delivery, subsidisation of third party providers, establishment of premises and accommodation with the Minister’s consent (s 11(1)(a)-(c)), and coordination of research and education (s 11(1)(f)). The CEO’s general power “to do anything necessary or convenient” (s 12) is legally capacious and acts as a statutory residual power to implement policy objectives.

Staffing and engagement modes are explicitly plural. The CEO may employ public service officers under the Public Sector Management Act 1994, appoint medical practitioners and wages staff (s 15(1)(a)-(c)). Appointments of medical practitioners and wages staff are expressly outside Public Sector Management Act Part 3 for appointment status (s 15(3)), while the CEO may also engage contractors under a contract for services (s 17). Secondments and agency arrangements are contemplated (s 16). The Act therefore creates multiple employment and engagement channels with different legal regimes and industrial implications.

Facility governance and fee regimes are central operational tools. The CEO may, with the Minister’s approval, regulate admission and stays and fix fees and exemptions for facility services (s 19). Fees are recoverable as a debt to the State by staff authorised by the CEO (s 34). The CEO must hold inquiries into deaths or serious injuries occurring in facilities (s 20). Regulations can specify conduct in facilities, prohibit trespass, require statutory declarations and impose small fines up to $500 (s 36(2)-(4)).

The transition framework (Pt 6) is a technical model for transferring assets, liabilities and staff from the abolished Authority to either the Ministerial Body or the State generally (ss 41-42). Transfer orders, which may use unpublished schedules available for inspection (s 42(3)), drive assignment. The Minister must obtain approval from the Minister for Lands where land interests require it (s 42(6)). The Act also includes exemptions from State taxes for matters arising under the Part (s 47).

Finally, governance advice is institutionalised via the Alcohol and Other Drugs Advisory Board. The Board provides advice to the CEO (s 14), its composition and procedures are set by ministerial instrument (s 14(3)-(5)) and members’ remuneration is determined by the Minister on Public Sector Commissioner recommendation (s 14(7)). The Board is advisory rather than decision‑making, and the Minister controls its creation and terms (s 14(1), (4), (5)).

The Act affects four concentric groups: government actors (Minister, CEO, Departmental staff and Ministerial Body), service providers (including third parties subsidised or supported by the CEO), persons who use alcohol and other drug services and occupy facilities, and holders of assets, contracts or staff positions associated with the former Authority.

Government actors. The Minister gains a corporate instrument (Ministerial Body) to perform functions in corporate form (s 5-6). The Minister remains the governing authority for the Ministerial Body (s 5(4)) and may delegate powers to the CEO in writing (s 9(1), (3)). The CEO is the administrative pivot with express functions (s 11) and delegation powers (s 13). The Department is the central employing authority and holds transferred accounts and records (ss 48, 55). Ministers for Lands and other relevant officials are pulled in for property transfer tasks (s 42(6); s 45).

Service providers. The CEO can subsidise and otherwise support other persons or organisations providing assessment, treatment and rehabilitation (s 11(1)(a), (b), (c)). The CEO may enter agreements with other persons and organisations subject to Ministerial consent where required (s 11(1)(h)). Entities that operate or propose to operate facilities must comply with facility admission rules, fee regimes, and regulations (s 19; s 36(2)) and may be affected by decisions on which classes of persons the CEO elects to serve (s 11(1)(e)).

Persons who use services and occupy facilities. The Act gives the CEO power, with the Minister’s approval, to regulate admission and the right to remain in facilities (s 19(a)). The CEO can fix fees and determine who is liable, partially liable, or exempt (s 19(b)). The CEO must hold inquiries into deaths and serious injuries in facilities (s 20), a duty that directly affects residents and their families. Regulatory offences for facility conduct are subject to penalties set by regulation of up to $500 (s 36(3)).

Former Authority stakeholders. The transitional provisions (Pt 6) transfer assets and liabilities to either the Ministerial Body or the State (s 41), substitute the Ministerial Body in certain proceedings (s 41(3)), and preserve immunities for successors in respect of pre‑transition acts (s 40). Staff employed by the Authority are taken to be employees of the Department or appointed under the new sections (s 50) and have preserved pay and leave entitlements unless they agree otherwise (s 51). Counterparties to agreements and instruments to which the Authority was a party should note the statutory substitution rules (ss 41, 54) and the limited effect on contractual remedies (s 57).

Other public authorities. The Financial Management Act 2006 is explicitly engaged by treating Ministerial Body acts as services and operations of the Department (s 6(2)). The Public Sector Management Act 1994 remains relevant for employing authority powers, although some new appointment types are outside the Part 3 appointment framework (s 15(3); s 18). Land title and other registries are obliged to record transfer orders and related documents (s 45).

In short, the Act realigns institutional responsibilities and imposes regulatory and commercial powers on the Minister and CEO, touches direct service recipients through facility rules and fees, and reassigns legacy assets, liabilities and staff into the new structure via detailed transitional orders.

Ministerial duties and powers. The Minister must govern the Ministerial Body (s 5(4)). The Minister may delegate powers to the CEO in writing (s 9(1), (3)), may give consent with terms and conditions for the CEO to establish premises, accommodation and cooperative arrangements (s 11(2)), and must give approval for certain CEO actions such as fee regimes and admissions at facilities (s 19). The Minister is also tasked with reviewing the Act five years after the 2015 Amendment Act section 8 commencement and tabling a report in Parliament (s 37).

CEO duties and discretions. The CEO must carry out administration of the Act subject to ministerial control (s 10). The CEO has a statutory list of functions (s 11(1)), including direct service provision, subsidisation and support of other providers, establishment and maintenance of facilities and accommodation subject to Ministerial consent, determination of classes of persons to receive services (s 11(1)(e)), and coordination and subsidisation of research and education (s 11(1)(f)). The CEO must hold inquiries into deaths and serious injuries in facilities and requires reports from facility managers on such events (s 20(1)-(2)). The CEO has a broad power “to do anything necessary or convenient” to perform functions (s 12), and may delegate powers to staff or other persons with the Minister’s approval in specified circumstances (s 13).

Administrative instruments and execution rules. The Ministerial Body must have a common seal; documents are duly executed by affixation of the seal in specified fashion, or by the Minister or authorised persons (s 7(1)-(5)). Facsimiles of the seal and signatures are admissible as presumptive evidence (s 7(9)-(10)). Documents purportedly executed without the common seal are not deeds unless authorised under the authorisation regime (s 7(7)).

Property, commercial and financial rights. The Minister may acquire, hold, manage and dispose of real and personal property and may develop and exploit IP and provide and monetise education, training and advertising opportunities (s 8(2)(a)-(d)). Acts of the Ministerial Body are to be regarded as services and operations under the Financial Management Act (s 6(2)), which implicates financial oversight obligations and accounting frameworks.

Staff rights and appointment modes. The CEO may employ public service officers, appoint medical practitioners and wages staff (s 15(1)). Appointments of medical practitioners and wages staff are not appointments under Public Sector Management Act Part 3 (s 15(3)). Secondments are authorised (s 16) and contractors may be engaged under contract for services (s 17). Transitional provisions preserve pay, leave and superannuation rights for staff transferred from the former Authority (s 51), and continuity of service is preserved (s 51(3)).

Fee recovery and enforcement rights. Fees fixed under s 19 are recoverable as a debt to the State by a staff member authorised by the CEO in a court of competent jurisdiction (s 34). The Governor’s regulations may create offences with penalties up to $500 (s 36(3)), and may require statutory declarations for regulatory information (s 36(4)).

Transition rights. On transition day the Act assigns assets and liabilities according to transfer orders and substitutes the Ministerial Body as a party to specified proceedings (s 41). Immunities enjoyed by the Authority for pre‑transition acts are preserved for relevant successors (s 40). Transfer orders may be corrected by Gazette order (s 43) and transfer schedules need not be Gazette‑published though available for inspection (s 42(3)).

Collectively, the Act builds duties on the Minister and CEO for governance, service delivery, financial treatment and transitional completion, while granting rights to the Minister and Ministerial Body to hold and commercialise assets and to execute documents under prescribed formalities.

The Act itself creates limited direct criminal or civil penalties; enforcement is mainly administrative, contractual and civil. The principal enforcement mechanisms are fee recovery, regulation‑made offences with small fines, and internal administrative controls tied to the Financial Management Act framework.

Fee recovery. Fees fixed under s 19 are recoverable as a debt to the State in a court of competent jurisdiction by a staff member authorised by the CEO (s 34). That converts unpaid fees into ordinary civil debt recoverable by the State, not by private providers, and centralises recovery through authorised staff.

Regulations and monetary penalties. The Governor may make regulations for conduct in facilities and trespass prevention and may prescribe penalties not exceeding $500 for breaches of those regulations (s 36(1)-(3)). The scale of the maximum penalty is low, indicating regulatory enforcement will be geared to minor conduct and facility management rather than large fines or criminalisation through this Act. Regulations may require statutory declarations to verify information required under regulations (s 36(4)). Regulations can be time‑, place‑ or circumstance‑limited and may confer discretionary authorities (s 36(5)).

Administrative powers. The CEO has broad powers to regulate admission and the right to remain in facilities (s 19(a)) and to fix fees and exemptions (s 19(b)), with the Minister’s approval required for facility measures. The CEO also has the duty to hold inquiries into deaths and serious injuries in facilities and receives mandatory reports from persons in charge of facilities (s 20). Inquiries are administrative and may feed into recommendations or civil proceedings but the Act does not itself create specific sanctions for failure to report, beyond the CEO’s administrative oversight powers.

Contractual and property enforcement. The Minister’s and Ministerial Body’s power to acquire, manage and dispose of property (s 8) and the transfer order machinery (ss 41-42) provide state enforcement levers. The transitional provisions also specify that the operation of the Part or a transfer order must not be regarded as a breach of contract, confidence or as giving rise to remedies because of assignment (s 57). This limits counterparty remedies arising purely from the statutory transfer.

Continuity of immunity. Immunities that benefited the Authority for pre‑transition acts continue to benefit relevant successors (s 40). That affects litigation risk by preserving prior immunities after the statutory transition.

Limitations. The Act does not establish a separate criminal enforcement regime for service provider misconduct beyond the regulation power. It does not set out disciplinary regimes for staff appointments explicitly within the Act, leaving employment and disciplinary matters largely to applicable employment law, public sector rules and contract terms (see ss 15-18; s 18 cross‑references the Public Sector Management Act).

In sum, enforcement under the Act blends civil debt recovery, low‑level regulatory fines, administrative controls by the CEO and statutory transfer protections that constrain remedying via contract law in respect of the transition.

The Act is interwoven with the Financial Management Act 2006, Public Sector Management Act 1994, Land Administration Act 1997 and other State statutes through express cross‑references and transitional mechanisms.

Financial accountability. Section 6(2) expressly treats acts done through the Ministerial Body as services under the Financial Management Act 2006 s 52 and as operations of the Department for that Act’s Part 5 purposes. That places Ministerial Body activities within the Financial Management Act’s budgeting, reporting and control regimes, and signals financial oversight obligations for the Department and Treasurer’s frameworks.

Public sector employment law. The CEO’s employment powers are stated to be in addition to and not to affect the CEO’s powers as an employing authority under the Public Sector Management Act 1994 (s 18). However, the Act creates appointment categories (medical practitioners; wages staff) that are expressly not appointments under Public Sector Management Act Part 3 (s 15(3)). This bifurcation means different employment regimes may apply to different classes of staff, potentially creating parallel rights and obligations under industrial law and public sector regulations.

Land and title law. Transfer orders that affect land interests interact with the Land Administration Act 1997 (LAA). The Minister must obtain the Minister for Lands’ approval before making a transfer order that specifies an interest in land that under the LAA requires such approval (s 42(6)). Section 44 treats any Crown reserve managed by the Authority immediately before transition day as a reserve under LAA s 41 for the purposes of this Act and treats the Ministerial Body as management body (s 44(2)). Section 45 requires relevant officials (Registrar of Titles, Registrar of Deeds and Transfers, or other recording officers) to take notice of the Part and any transfer order and to record and register documents necessary to show the effect of the Part and transfer orders (s 45(1)).

Tax and revenue law. Section 47 exempts anything occurring by operation of the transitional Part or done to give effect to it from State tax (defined broadly to include duty under the Duties Act 2008 and any State tax, fee, levy or charge). The Minister may certify matters under s 47(3), and such certification is prima facie evidence (s 47(4)). That removes fiscal frictions around asset and instrument transfers effected by the statutory transition.

Interpretation Act and statutory construction. Section 58 preserves the operation of the Interpretation Act 1984 except where this Part expressly provides otherwise. Transitional regulations under s 56 may modify application of specified provisions and contain retroactive savings or application matters within limits that protect private rights from prejudicial retrospective effect (s 56(3)-(5)).

Registers and documentation. The Act obliges the Minister to give copies of transfer orders and schedules to relevant officials (s 45(2)) and allows schedules not to be Gazette‑published though they must be available for public inspection (s 42(3)). This interacts with laws on public registers and information access, creating a hybrid transparency model: some matters are Gazette‑published and others available for inspection only.

Remedial and contractual law. Section 57 expressly limits the operation of the transitional Part or a transfer order being treated as a breach of contract, a civil wrong, a cause for termination or giving rise to remedies by a party to an instrument. This statutory rule interacts with contract law by immunising statutory transfers from ordinary contractual consequences.

In practice, administration will require coordinated compliance with the Financial Management Act for accounting and audit, the Public Sector Management Act for employment governance where it applies, the LAA for land interests and registries, and the Duties Act and taxation rules , the latter being largely overridden for transition matters by s 47.

The Act has a long compilation history reflecting progressive reforms and the 2015 restructuring that is central to the current text. The compilation table in the source records the Act’s original identity as the Alcohol and Drug Authority Act 1974 and traces amendments through various statutes and reprints (compilation table).

Key amendment moments in the source text include:

Rebranding and structural amendments under the Alcohol and Drug Authority Amendment Act 2015 (No. 3 of 2015), which inserted Part 2 (administration), the creation of the Ministerial Body (s 5), CEO powers and functions (ss 10-13), the Advisory Board (s 14), staff arrangements (ss 15-18), facility rules (ss 19-20), recovery of fees (s 34), regulations (s 36) and the transitional Part 6 (ss 38-58). Sections inserted by No. 3 of 2015 are repeatedly noted across the compilation and text (see many "inserted: No. 3 of 2015 s. 8" annotations).
Earlier amendments track financial administration and public sector reform: for example, the Financial Legislation Amendment Act 1996, Financial Legislation Amendment and Repeal Act 2006 (Sch. 1 cl. 8), the Public Sector Reform Act 2010 and the Health Practitioner Regulation National Law (WA) Act 2010 (compilation table entries). These changes are reflected in cross‑references (e.g., medical practitioner defined by the Health Practitioner Regulation National Law (WA) Act 2010, noted at s 4).
Reprints occurred in 1999, 2010 and 2016, with Reprint 3 being the Alcohol and Other Drugs Act 1974 as at 5 Feb 2016, which incorporates the 2015 amendments (compilation table).
The Act’s short title changed to Alcohol and Other Drugs Act 1974 (note under s 1 and compilation table).

The 2015 Amendment Act is the pivotal modernising instrument: it abolished the Authority (s 39) and set out a detailed statutory transition for assets, liabilities, staff, accounts, records and immunities (Pt 6). Many of the inserted sections (s 5 onwards) are marked as inserted by No. 3 of 2015 s 8 or s 13, indicating the legislative intent to reconfigure governance and administration.

The Act also contains listed deletions: sections 21-26 and parts of Pt IV were deleted (text notes), indicating previous content was removed in the course of amendments.

Overall, the amendment history in the source shows an evolution from an independent statutory authority model toward integration within the Department and a ministerially governed corporate instrument for specific ministerial functions, with transitional legal scaffolding to move pre‑existing Authority resources and obligations into the new arrangements.

The statutory text provided does not cite or record any judicial decisions, cases or specific litigation arising under the Act. The source is a compilation of legislation and its amendment and does not include reported judicial consideration. Therefore there is no litigation history named in the supplied material to cite.

Statutory features in the Act nonetheless create litigation exposure and likely legal touchpoints that practitioners should anticipate:

fee recovery under s 34 creates ordinary civil proceedings for debt in a court of competent jurisdiction; disputes about liability for fees, exemptions, or the quantum of fees fixed by the CEO could proceed as civil debt claims.
decisions by the CEO about admissions, removals from facilities, or exemptions from fees (s 19) may give rise to administrative law challenges on grounds such as procedural fairness, jurisdictional error or improper exercise of statutory powers; the Act gives the CEO discretionary powers (s 11; s 12) and requires Ministerial approvals in specified circumstances (s 11(2), s 19), creating reviewable decision points.
the CEO’s duty to hold inquiries into deaths or serious injuries in facilities (s 20) could generate coronial, civil negligence or wrongful death claims depending on findings and causation. The Act requires reporting and inquiry but does not itself define legal liability arising from such events.
transitional provisions, transfer orders and the statutory substitution of the Ministerial Body for the Authority in proceedings (s 41(3)) may engender litigation concerning ownership, registration of title, or the scope of assigned liabilities, especially where transfer orders use unpublished schedules (s 42(3)) and registries must record the transfer (s 45). Section 43 allows correction of transfer errors by Gazette order but contains protections for private persons against prejudicial retrospective effect (s 43(3)).
immunities that the Authority had prior to transition continue to benefit successors (s 40). Litigation raising questions about whether an immunity applies or survived the transition is conceivable.
section 57 expressly prevents the operation of the transitional Part being construed as a breach of contract, a civil wrong or the grounds for certain remedies. Litigation may arise testing the scope of that statutory bar , for example, whether a particular contract clause is triggered by the statutory transfer or whether equitable remedies remain for misconduct occurring before transition day.
employment disputes may arise under the staff transfer regime (ss 50-51), including claims about continuity of service, pay preservation, superannuation, leave accruals and classification differences between staff appointed under the new Act versus those appointed under the Public Sector Management Act.

Given the Act’s interplay with administrative law, property law (including LAA mechanisms), employment law and civil debt enforcement, practitioners should expect litigation to arise in these domains. The Act’s text, however, contains no reported judgments or case names to cite.

Several practical pitfalls and legal nuances in the Act can trap unwary implementers, contract parties, staff and service users. The following specifics are grounded in the statutory text.

Delegation traps. The Minister’s delegation to the CEO must be in writing (s 9(3)). Importantly, where the Minister delegates to the CEO, the CEO cannot further delegate that particular delegated power under s 9(4). Separately, the CEO may delegate powers to staff or other persons but where the CEO delegates to an external person that delegation requires Ministerial approval and that approval is conditional on the Minister being satisfied the delegation is necessary or convenient having regard to the Department’s functions or the delegatee’s specialised expertise (s 13(1)-(2)). Failure to record delegations in writing (s 9(3); s 13(3)) risks invalid exercises of power.

Execution formalities and deeds. The Ministerial Body must have a common seal and seal usage is strictly governed (s 7(1)-(4)). A document signed by the CEO or another authorised person without the common seal is not a deed unless the person is authorised to execute deeds under the Ministerial Body’s authorisation instrument (s 7(7)). Facsimiles of seals and signatures are presumed valid (s 7(9)-(10)), but the presumption is rebuttable.

Staff appointment status. Medical practitioners and wages staff appointed by the CEO are explicitly not appointed under Public Sector Management Act Part 3 (s 15(3)). This difference in appointment basis has industrial, disciplinary and employment law consequences. Transitional protections preserve pay and leave unless the staff member agrees otherwise (s 51), but practitioners should check ongoing entitlements and the applicable employment framework for new hires.

Ministerial approvals required. Several CEO powers require Ministerial consent (s 11(2), s 19). For instance, establishment of premises and accommodation and cooperative agreements may be subject to the Minister’s consent and terms (s 11(1)(b)-(c), (h); s 11(2)). The CEO’s ability to act unilaterally is therefore constrained in certain areas. Failure to obtain required Ministerial consent risks invalid administrative action.

Transparency of transfer orders. Transfer orders can include schedules that are not Gazette‑published but must be available for public inspection (s 42(3)). This creates potential opacity for third parties relying on public Gazette notice. Additionally, transfer orders can be amended but only before transition day (s 42(11)-(12)), so timing is critical.

Tax exemption nuances. Section 47 broadly exempts State tax in relation to things occurring by operation of the transitional Part or done to give effect to it. However, the Minister must certify matters for evidentiary effect (s 47(3)-(4)). Without such certification, parties may face uncertainty about tax treatment.

Registers and form requirements. Where a transfer order relates to Registrar of Titles functions, schedules must meet Registrar requirements (s 42(8)), and the Minister must consult relevant officials about form and content (s 42(7)). Failure to conform to registry standards risks registration defects.

Limit on regulations’ penal scale. Regulations may prescribe penalties not exceeding $500 (s 36(3)). That cap may be insufficient to deter serious misconduct in facilities, but it is the statutory limit. Administrators must therefore consider alternative compliance tools (licence conditions, contractual sanctions, clinical governance) where greater deterrence is needed.

Time limits on transitional regulations. Transitional regulations under s 56 may only be made within 24 months after the Alcohol and Drug Authority Amendment Act 2015 received Royal Assent (s 56(6)). This temporal window constrains the Governor’s ability to fill transitional gaps after that period and places a burden on timely regulatory action during the transition.

Preservation and continuation clauses. The Act preserves immunity for predecessors (s 40) and provides that acts done pre‑transition continue to have effect and be treated as done by relevant successors (ss 52-54). Parties dealing with legacy matters should carefully map obligations and immunities to the successor entity; assumptions that assets automatically carry identical practical control or encumbrances can be mistaken unless a transfer order specifies otherwise (s 41(1)-(2)).

Small regulatory fines but broad discretionary powers. The contrast between broad discretionary powers of the CEO (s 12) and the small maximum regulatory fines (s 36(3)) is a potential mismatch; enforcement may need to rely on non‑penal levers.

These are statutory‑level gotchas; compliance and transactional planning should be grounded in the specific sections referenced above.

Implementation requires administrative, legal and procedural steps mapped to the Act’s specific requirements. The following checklist links actions to sections and points to operational tasks for Ministers, CEOs, facility managers, staff and counterparties.

Formalise delegations in writing. Ensure the Minister’s delegations to the CEO are in writing (s 9(3)) and that any delegation records specify whether the CEO may or may not delegate further. Where the CEO delegates powers, prepare written delegations signed by the CEO (s 13(3)) and, where delegations are to non‑staff persons, obtain Ministerial approval documented with the Minister’s reasons addressing necessity or specialised expertise (s 13(1)-(2)).
Document Ministerial Body governance and seal procedures. Establish the Ministerial Body’s common seal and an instrument authorising the CEO or other persons to execute deeds and documents where required (s 7(1)-(5)). Maintain a seal register and attestations by the Minister when affixing the common seal (s 7(4)).
Align financial processes with the Financial Management Act. Treat acts done through the Ministerial Body as services and operations under the Financial Management Act (s 6(2)). Ensure budgeting, appropriation, reporting and internal audit processes reflect that statutory treatment.
Staff transitions and appointments. For staff transferred from the former Authority, record their appointment basis under s 50, preserve pay, leave and superannuation entitlements as protected by s 51 unless the staff member agrees otherwise, and maintain continuity of service records (s 51(2)-(3)). For new hires, determine whether the appointment should be a public service officer (s 15(1)(a)), a medical practitioner appointment (s 15(1)(b)), or wages staff (s 15(1)(c)), and apply the correct employment terms and approval from the Public Sector Commissioner where required (s 15(2)).
Facility management compliance. For any facility, ensure Ministerial approvals are obtained where the CEO requires it for prohibiting or regulating admission or fixing fees (s 19). Prepare facility rules and visitor policies consistent with regulations made under s 36. Train managers to report deaths and serious injuries to the CEO and cooperate with inquiries (s 20(1)-(2)).
Fees and recovery processes. If fees are charged, ensure the CEO formally determines the persons or classes liable and exemptions (s 19(b)). Authorise designated staff to recover fees as debts to the State and implement debt recovery protocols and records for court proceedings (s 34).
Contracts, IP and commercial activity. If the Ministerial Body or Minister intends to acquire, exploit or dispose of property, IP, training or advertising opportunities, document transactions under s 8(2)(a)-(d). Ensure commercial contracts reflect the Ministerial Body’s Crown status (s 5(5)) and conform to Financial Management Act obligations (s 6(2)).
Transitional actions and transfer orders. For matters arising from the former Authority, consult relevant officials when preparing transfer orders that refer to land or registry matters (s 42(6)-(8)). Provide copies of transfer orders and schedules to registries (s 45(2)). Use the correction mechanism under s 43 where necessary, observing protections against prejudicial retrospective effect (s 43(3)).
Register and preserve records. Deliver all Authority papers, minutes, accounts and records to the CEO as soon as practicable after transition (s 55). Maintain registers of any transferred assets, liabilities and instruments for audit and public inspection where applicable (s 42(3); s 45(1)).
Regulatory drafting and compliance. Where regulations are required to close transitional gaps, act within the 24‑month drafting window for transitional regulations (s 56(6)). Use regulations to prescribe conduct, trespass rules and statutory declaration requirements (s 36(2)-(4)), but note the maximum penalty cap (s 36(3)) and consider non‑regulatory compliance tools where stronger enforcement is needed.
Advisory Board procedures. If the Minister establishes the Alcohol and Other Drugs Advisory Board, record the instrument of establishment specifying membership, terms, duties and remuneration (s 14(4)-(7)). Ensure the Board’s advisory remit is respected and that members receive remuneration as determined with Public Sector Commissioner recommendation (s 14(7)).
Review and reporting. Prepare for the statutory review the Minister must undertake five years after commencement of the 2015 Amendment Act s 8 and ensure the apparatus for data collection, operational metrics and performance evidence is in place to enable the report to Parliament (s 37).
Legal clearance and tax certification. For transfers covered by s 47, obtain the Minister’s certification in writing to evidence that a thing occurred by operation of the transitional Part or was done to give effect to it (s 47(3)). Keep the certificate on file as prima facie evidence (s 47(4)).

These compliance steps should be executed with written records, clear delegation instruments, documented Ministerial consents, and alignment with the Financial Management Act and relevant registry requirements. Legal and accounting advice is advisable for transfers of property, IP and complex contractual arrangements, and industrial relations input should guide staff appointment and redeployment decisions.

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