Alcohol and Other Drugs Act 1974 (Western Australia)

This Act reorganises, modernises and consolidates Western Australia’s statutory architecture for the public response to alcohol and other drug use problems. The long title records three core purposes the Legislature authorised: to provide treatment, management, care and rehabilitation for people experiencing alcohol or other drug use problems (including where mental illness co‑occurs); to promote and subsidise research and education about causation, prevention and treatment; and to establish a coordinated focus on alcohol and other drug use and mental illness. Those purpose statements are the Act’s self‑identified policy aims (Long title).

Mechanically, the Act (as amended by the Alcohol and Drug Authority Amendment Act 2015) does the following main things on a structural level. It: creates a Ministerial Body, the Alcohol and Other Drugs Ministerial Body, which is a body corporate governed by the Minister and possessing Crown status and immunities (s 5); assigns responsibility for day‑to‑day administration to a CEO of the Department (s 10-13); establishes an advisory board to advise the CEO (s 14); authorises the CEO to provide and to subsidise treatment, services, accommodation and research and to determine eligible classes of persons (s 11); allows the Minister and Ministerial Body to acquire, hold, develop and dispose of property and to exploit intellectual property, education, training and advertising opportunities (s 8); empowers the CEO to set facility rules, admissions and fees (s 19) and requires inquiry and reporting on deaths or serious injuries in facilities (s 20); permits recovery of fees as a debt to the State (s 34); and vests transitional powers for the abolition and transfer of the former Authority and its assets and liabilities, prescribing transfer orders, registration, tax exemptions, staff transfers and continuity of proceedings (Part 6, ss 38-58). The Governor retains regulation‑making power for facility conduct and related matters, with penalties not exceeding $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.]

A:\dline.gif

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

The Act embeds a small set of recurring legal concepts and administrative mechanisms that determine how the public system will operate. Those concepts are: Ministerial Body, CEO, facility, staff arrangements, fees and recoveries, Crown status and immunities, delegated powers, regulatory overlay, and the transitional machinery for transfer from the former Authority.

Ministerial Body and Crown status: The Alcohol and Other Drugs Ministerial Body is established as a body corporate that is governed by the Minister; it holds the status, immunities and privileges of the Crown (s 5(1)-(5)). The Act treats acts done through the Ministerial Body as services and operations of the Department for financial management purposes (s 6(2)(a)-(b)).
CEO and administrative functions: The CEO administers the Act (s 10) and has enumerated functions including providing and subsidising assessment, treatment, management, care and rehabilitation; establishing and maintaining premises and accommodation (subject to the Minister’s consent); coordinating and subsidising research and education; and inquiring into offences involving drugs or alcohol and making recommendations to the Minister and Attorney General (s 11(1)(a)-(h)). The CEO may “do anything necessary or convenient” for performance of functions (s 12).
Facilities and control: Facility is defined as premises maintained by the CEO for assessment, treatment, management, care or rehabilitation (s 4). With the Minister’s approval, the CEO may prohibit or regulate admission to facilities and set fees and fee exemptions (s 19).
Fees and recovery: Fees fixed under s 19 are recoverable in court as a debt due to the State by a staff member authorised by the CEO (s 34). This is a direct statutory collection mechanism.
Delegation architecture: The Minister can delegate powers to the CEO in writing (s 9). The CEO may delegate CEO powers to staff members or, with Ministerial approval, others (s 13). Notably, a power delegated by the Minister to the CEO cannot be re‑delegated by the CEO (s 9(4)); a person who receives a delegation under s 13 cannot further delegate (s 13(4)). Delegations must be in writing (ss 9(3), 13(3)).
Advisory Board and ministerial instruments: The Act creates an advisory board to advise the CEO (s 14). The Minister establishes the Board by instrument that identifies members, terms, duties and operational procedures; the Minister may amend or cancel that instrument (s 14(4)-(5)).
Staff and employment forms: The Department may employ public service officers, medical practitioners and wages staff under specified arrangements (s 15), may arrange secondments (s 16), and the CEO may contract for services (s 17). The relationship to the Public Sector Management Act is expressly addressed (s 18).
Regulations and penalties: The Governor may make regulations (s 36(1)). Regulations can govern facility conduct and trespass and may prescribe penalties not exceeding $500 (s 36(2)-(3)); they may require statutory declarations (s 36(4)) and may confer discretionary authorities (s 36(5)).
Transitional transfer mechanics: Part 6 (ss 38-58) defines transition terms, abolishes the former Authority (s 39), continues immunities (s 40), assigns assets and liabilities by transfer order to either the Ministerial Body or the State (s 41-42), provides the process for correction and registration of transfer orders (ss 42-45), and preserves staff rights and continuity (ss 50-51). It also exempts actions under the Part from State tax (s 47).

Each of these concepts defines who makes which decisions, how funds flow, and what legal form the Minister’s and Department’s activities must take. Many of the powers are conferred subject to ministerial consent (for establishment of premises and accommodation, and for cooperation agreements, s 11(1)(b)-(c), (h); consent may be given subject to terms, s 11(2)), and many operational acts are explicitly to be treated as departmental operations for financial management (s 6(2)), which places them inside the Financial Management Act 2006 regime.

The Act assigns roles and creates legal consequences for several distinct groups and institutions. Identifying them precisely helps map who pays, who decides and who bears compliance obligations.

The Minister and Ministerial Body: The Minister governs the Ministerial Body (s 5(4)). The Minister appoints Board members by instrument, may set terms of Board members’ remuneration on the Public Sector Commissioner’s recommendation (s 14(4), (7)), may delegate powers to the CEO (s 9) and must approve certain CEO actions (s 11). The Ministerial Body as a legal person has Crown status and immunity (s 5(5)) and may be assigned specific assets and liabilities under a transfer order (s 41).
The CEO and Department: The CEO administers the Act subject to ministerial control (s 10). The CEO decides who receives services or subsidies (s 11(1)(e)), establishes facilities and accommodation with Ministerial consent (s 11(1)(b)-(c)), sets facility rules and fees with the Minister’s approval (s 19), holds inquiries into deaths or serious injuries (s 20), and may deploy staff, secondments, and contracts under the employment provisions (ss 15-17). The CEO also holds delegable powers and can delegate to staff or, with Ministerial approval, to other persons (s 13).
Persons using services and their visitors: People who present for assessment, treatment, care or rehabilitation at facilities are subject to facility admission and conduct rules that the CEO may impose with Minister approval (s 19; s 36). The CEO determines who is eligible for services, who is subsidised, and who is liable to pay fees either in whole or in part, and can exempt classes of person from fees (s 11(1)(e), s 19(b)).
Private providers and researchers: The CEO may subsidise and support other persons or organisations that provide relevant services (s 11(1)(a), (b)-(c), (f)). The Minister and Ministerial Body are empowered to acquire, develop and “turn to account” education, training, technology and intellectual property, and to provide advertising opportunities (s 8(2)(a)-(d)), which creates potential commercial interactions with private entities.
Staff and contractors: The Act defines “staff member” and prescribes who may be employed: public service officers, medical practitioners appointed by the CEO, and wages staff (s 4; s 15). Terms for non‑public service medical and wages staff require Public Sector Commissioner approval (s 15(2)). The CEO can second employees and engage contractors for services (ss 16-17). The transitional regime preserves existing Authority employees’ pay, leave and continuity (ss 50-51).
Courts and registrars: Fees are recoverable in court as a debt to the State when staff are authorised by the CEO (s 34). Relevant officials such as the Registrar of Titles and Registrar of Deeds must record and register documents necessary to implement transfer orders (s 45). Transfer orders are published in the Gazette and may be accompanied by schedules, which need not be published but must be available for public inspection (s 42(1), (3)).
The State and Treasury: The Financial Management Act 2006 is engaged because acts done through the Ministerial Body are to be treated as services under the Department for financial management purposes (s 6(2)), operating accounts are prescribed for transferred moneys (s 48), and the Act provides an exemption from State tax for transactions effected under the transitional provisions (s 47).

In short, the Act affects Ministers, departmental executives, facility managers, service users, private providers receiving subsidies or competing with Ministerial Body offerings, staff (including transferred Authority employees), registrars and the State’s financial machinery. Who ultimately carries cash cost depends on the CEO’s fee and subsidy decisions (s 11, s 19, s 34): users may be charged, the State may subsidise, and the Ministerial Body is authorised to pursue commercial income (s 8), all subject to the Minister’s oversight and statutory delegation rules (ss 9, 13, 11(2)).

This section sets out the affirmative duties and conferred rights that the Act puts on institutional actors and specifies the legal powers that enable those duties.

Minister and Ministerial Body duties and rights

Governance and status: The Ministerial Body must be governed by the Minister (s 5(4)). It is a body corporate that may sue and be sued in its corporate name and has Crown immunities and privileges (s 5(1)-(3), (5)). The Minister may delegate functions to the CEO in writing (s 9(1)-(3)), subject to the prohibition on the CEO re‑delegating those delegated powers (s 9(4)).

CEO duties and rights

Administration: The CEO must carry out the administration of the Act subject to the Minister’s control and any Public Sector Management directions (s 10). The CEO has express functions that include providing treatment services, subsidising and supporting other providers, establishing premises and accommodation with the Minister’s consent, determining eligible classes of persons, coordinating and subsidising research and education, inquiring into offences involving alcohol or drugs and making recommendations, and entering cooperation agreements subject to Ministerial consent (s 11(1)(a)-(h); s 11(2) provides that Ministerial consent may be subject to terms).
Operational authority: The CEO may do “anything necessary or convenient” to perform those functions (s 12). The CEO may delegate powers to staff or, with Minister approval, to others (s 13). The CEO is the point of decision on fee setting, admissions and facility regulation, with the Minister’s approval (s 19).

Facility manager and staff duties

Reporting and inquiry: The person in charge of a facility must report to the CEO regarding the circumstances of any death or serious injury while a person is in a facility, and the CEO must hold an inquiry (s 20(1)-(2)).
Fee recovery: A staff member authorised by the CEO may recover fees in a court of competent jurisdiction as a debt due to the State (s 34). Staff appointment conditions for medical and wages staff require Public Sector Commissioner approval for terms (s 15(2)).

Regulatory and administrative rights

Acquisition and commercial activity: For the purposes of the Act, the Minister may acquire, hold, develop and dispose of property (including land and IP), and may provide and “turn to account” education, training, technology and advertising opportunities (s 8(2)(a)-(d)). Those are affirmative powers permitting commercial and property transactions.
Execution formalities: The Ministerial Body must have a common seal and documents may be executed via that seal in the Minister’s presence, or signed on its behalf by the Minister, the CEO or another authorised person; facsimiles of seal or signatures are sufficient evidence until the contrary is shown (s 7). Documents executed by authorised persons without the seal are not deeds unless authorised as such (s 7(7)).

Delegation and administrative limits

Delegation constraints: Delegations must be written and are presumed to be exercised in accordance with their terms (ss 9(3), 9(5), 13(3), 13(5)). The CEO is prohibited from re‑delegating powers delegated by the Minister (s 9(4)), and a person who receives a CEO delegation cannot re‑delegate (s 13(4)). Ministerial consent is required for certain CEO activities (s 11(1)(b)-(c), (h)).

Regulatory powers and penalties

The Governor may make regulations to administer the Act and regulate facility conduct and trespass; regulations may prescribe penalties not exceeding $500 and may require statutory declarations and confer discretionary authorities (s 36(1)-(5)).

Transitional duties and rights

Abolition and transfers: The former Authority is abolished on transition day and its assets and liabilities are assigned either to the Ministerial Body or to the State by transfer order (ss 39, 41). Transfer orders may substitute the Ministerial Body as party to specified proceedings and give effect to amendments of agreements and instruments (s 41(3)-(4)). Registrars must record transfer orders and the Minister must provide copies (s 45). The Act expressly continues immunities for acts done before transition day for the benefit of relevant successors (s 40).

These duties and rights allocate operational control to the CEO under ministerial oversight, provide a statutory route to charge and recover fees from users (subject to CEO decisions on exemptions), create powers to commercialise training, education and advertising, and build an administrative control framework around delegations and execution formalities. Where the Act refers to other statutes (for example the Financial Management Act 2006 and the Public Sector Management Act 1994) it places those activities inside the State’s broader financial and employment regimes (s 6(2); s 18).

The Act’s primary enforcement mechanisms are administrative and civil, rather than criminal. Two discrete enforcement channels are visible in the statutory text: (1) regulations and associated sanctions; and (2) civil recovery of fees.

Regulatory sanctions

The Governor may make regulations for the administration of the Act and for facility conduct, including prohibitions on trespass (s 36(1)-(2)). Regulations may prescribe penalties, but those penalties are capped at a fine of $500 (s 36(3)). The regulations may require statutory declarations for information furnished and may confer discretionary authorities and approvals (s 36(4)-(5)). The Act therefore contemplates low‑level monetary penalties and administrative enforcement through delegated regulatory instruments rather than a broad criminal enforcement scheme in the Act itself.

Civil recovery and court enforcement

Fees fixed under the Act are recoverable as a debt due to the State, recoverable by a staff member authorised by the CEO in a court of competent jurisdiction (s 34). This is an express civil enforcement route for fee collection, bringing such disputes into ordinary civil procedure rather than bespoke tribunal processes.

Inquiry and reporting obligations

Where a death or serious injury occurs in a facility, the Act creates compulsory reporting and inquiry duties , the person in charge must report to the CEO and the CEO must hold an inquiry (s 20(1)-(2)). The Act does not provide that the CEO’s inquiry produces any particular sanction; however, such an inquiry could generate administrative or referral consequences within the Department or to other agencies, depending on circumstances. The CEO also has a statutory function to inquire into offences in which alcohol or drug use is an element and to make recommendations to the Minister and Attorney General concerning legislative action (s 11(1)(g)). That is an investigative and policy role, not an enforcement power to prosecute.

Transitional and registration enforcement

Part 6 creates orders and statutory mechanisms to transfer assets and liabilities from the former Authority to the Ministerial Body or the State. The registrars and other relevant officials are required to take notice of the Part and to record the documents necessary to effect transfer orders (s 45). The Minister may publish transfer orders and may correct errors by Gazette order (ss 42, 43); where an order has a retrospective effect, subsectional limits protect private persons from prejudicial effects (s 43(3)). The Act further provides that the operation of Part 6 should not be treated as a breach of contract or civil wrong (s 57), insulating certain transition actions from civil remedies and preventing some claims arising from the transfer mechanism.

Limits and gaps

The Act does not confer explicit criminal prosecutorial powers to the CEO or Minister, nor does it create significant monetary penalties in the primary statute beyond those able to be prescribed under regulations (s 36). Liability exposure for the Ministerial Body is constrained by Crown immunities and privileges (s 5(5)), and immunities acquired by the former Authority in relation to pre‑transition acts continue for relevant successors (s 40). Fee recovery depends on authorised staff and ordinary court process (s 34), which may involve litigation costs and recoverability risk. The Act therefore relies on regulated behaviour and civil collection, rather than on a broad criminal enforcement regime.

The Act is heavily situated within Western Australia’s broader statutory framework. Several cross‑references define how administrative, financial and land matters must be handled and which other pieces of legislation govern employment, financial management and land transfers. The Act also establishes how the departure of the former Authority is to be treated under other laws.

Key statutory cross‑references and interactions

Financial Management Act 2006: Acts done through the Ministerial Body are to be regarded as services under the control of the Department for the purposes of the Financial Management Act 2006 s 52 and as operations of the Department for Part 5 of that Act (s 6(2)(a)-(b)). That means budgeting, appropriation and financial control provisions in the Financial Management Act apply to Ministerial Body activity treated as departmental services.
Public Sector Management Act 1994: The Act repeatedly recognises the Public Sector Management Act. The CEO’s administration is subject to Ministerial directions under s 32 of that Act (s 10). The CEO’s staff powers are stated as additional to the CEO’s powers as an employing authority under the Public Sector Management Act (s 18). Staff appointment categories reference the Public Sector Management Act for public service officers and senior executive positions (s 15(1)(a); s 50(4)).
Health Practitioner Regulation National Law (WA): The definition of “medical practitioner” is expressly tied to registration under the Health Practitioner Regulation National Law (WA) (s 4). This ties medical practitioner appointments and scope to the national registration regime.
Land Administration Act 1997 (LAA): The transitional transfer of real property held as Crown reserves is governed by the LAA. Before transfer orders can specify an interest in land that under the LAA requires the Minister for Lands’ approval, that approval must be obtained (s 42(6)). Section 44 addresses Crown reserves administered by the Authority immediately before transition day and prescribes how they are to be treated for the purposes of the LAA and the Act.
Duties Act 2008 and State tax regimes: Part 6 includes an express exemption from State tax (including duty under the Duties Act 2008 and other State taxes, fees, levies or charges) for anything occurring by operation of the transitional Part or done to give effect to it (s 47(1)-(2)). The Minister may certify matters concerning the transitional actions and such certificates are prima facie evidence (s 47(3)-(4)).
Interpretation Act 1984: Except where this Part expressly provides otherwise, the Interpretation Act 1984 still applies to the repeal of enactments effected by the Amendment Act (s 58).

Operational and procedural interactions

Execution and registration formalities under s 7 (common seal and signatures) and s 45 (registration of transfer orders) interact with the procedural rules of registries and the requirements of other written laws (for example, the LAA and land registries). Transfer orders must be published in the Gazette and may be accompanied by schedules not published in the Gazette but available for public inspection (s 42(1), (3)). The registrars are required to take notice of transfer orders and to record necessary documents (s 45(1)).
Transfer orders and their effect on agreements and proceedings: Section 41 authorises substitution of the Ministerial Body for the Authority as a party to proceedings and provides that agreements and instruments specified in transfer orders have effect as if references to the Ministerial Body were substituted for references to the Authority (s 41(3)-(4)). Section 57 declares that transfer operations should not be regarded as breach of contract, confidentiality or cause for remedies arising from assignment, which interacts with general civil contract principles.
Continuity of staff rights and public sector regulation: The staff transfer provisions (ss 50-51) preserve pay, leave and superannuation rights and continuity of service. They also interact with the Public Sector Management (Redeployment and Redundancy) Regulations and the Public Sector Management Act because public service officers are being shifted into departmental employment.

Practical consequence of interactions

The Act embeds departmental and public sector financial and employment rules into the operation of the Ministerial Body and the administration of services (s 6(2); s 18). Land transfers and property assignments done under the transitional machinery must satisfy LAA requirements and registrar requirements (ss 42, 44-45), while tax exemptions for transitional acts are explicit (s 47). Because the CEO’s functions and the Ministerial Body’s operations are folded into the Department’s financial regime, budgetary, audit and appropriation rules apply under the Financial Management Act.

Careful legal mapping is required in practice: if the Ministerial Body is to hold, develop or dispose of land or enter commercial arrangements for training or advertising, the administrator must ensure compliance with LAA requirements on reserve management, with registrar recording obligations (s 45), with financial management rules (s 6(2)), and observe that some transitional actions are tax‑exempt only to the extent they are done under the Part 6 processes (s 47).

The Act began as the Alcohol and Drug Authority Act 1974 and has been amended repeatedly. The compilation table included in the source lists the principal legislative changes and their commencement dates up to the 2015 Amendment. The key legislative stages visible in the Act text and compilation table are these:

Original enactment: Alcohol and Drug Authority Act 1974 (No. 32 of 1974), assented 4 November 1974, commenced 29 November 1974 (compilation table entry).
Subsequent amendments and reprints: The compilation table records a series of amendments across the 1980s, 1990s and 2000s. Notable entries include Acts Amendment and Repeal (Disqualification for Parliament) Act 1984 (Pt. II), Acts Amendment (Financial Administration and Audit) Act 1985, Acts Amendment (Public Service) Act 1987, Guardianship and Administration Act 1990, Acts Amendment (Public Sector Management) Act 1994, Financial Legislation Amendment Act 1996, and others through amendments in 1996, 1997, 2006, 2008, 2009, 2010. Reprints are recorded as at 1 April 1999 and 5 February 2010.
Health practitioner and public sector reforms: The Act was adjusted to integrate the Health Practitioner Regulation National Law (WA) mechanics (Medical Practitioners definition) under the Medical Practitioners Act 2008 and again under the Health Practitioner Regulation National Law (WA) Act 2010 (compilation table entries and s 4 definition).
Major structural change in 2015: The Alcohol and Drug Authority Amendment Act 2015 (No. 3 of 2015) effected substantial reform in Part 2 and inserted Part 6 transitional provisions. Many sections visible in the Act are “inserted: No. 3 of 2015 s. 8” or variously “inserted: No. 3 of 2015 s. 13” showing that the 2015 Amendment is the principal recent structural reform. That Amendment:
- Established the Alcohol and Other Drugs Ministerial Body as a body corporate and transformed governance by placing the Minister in a governance role and giving the Ministerial Body Crown status and immunities (ss 5-7).
- Recast CEO functions and powers (ss 10-13, 11(1) functions) and provided for an advisory board (s 14).
- Created Part 6 transitional provisions (ss 38-58) dealing with abolition of the former Authority, asset and liability transfers, staff transitions and registration matters.
- Inserted facility regulation and fee provisions (s 19), inquiry requirements for deaths/serious injury (s 20), fee recovery (s 34), regulation powers (s 36), and a statutory review clause to evaluate the 2015 changes (s 37).
Reprint: The Act appears as Reprint 3 as at 5 February 2016 (compilation table).

The compilation table in the source should be consulted for the precise sequence, assent and commencement dates for amendments. The 2015 Amendment is the decisive structural modernisation recorded in the version provided; many of the inserted sections bear the annotation “inserted: No. 3 of 2015 s. 8” or s.13 for transitional matters, indicating the principal locus of reform.

The text provided contains no judicial decisions, case names or references to litigation interpreting the Act. The Act itself preserves and transfers legal rights and proceedings in the transitional provisions, and the transitional mechanics address substitution of parties in existing proceedings and continuity of remedies (s 41(3)-(5); s 54). The Act also expressly continues any immunity the Authority held in respect of acts done before transition day for the benefit of the relevant successor to the extent that the act falls within the successor’s functions (s 40).

Absent specific reported decisions in the source, the following are practical observations, grounded in the Act, about litigation risk and likely litigation vectors that practitioners should note when searching case law or advising clients:

Parties substituted in proceedings: Section 41(3) substitutes the Ministerial Body for the Authority in proceedings specified in a transfer order. Litigation concerning whether a particular proceeding has been properly transferred or whether a transfer order is valid could arise; s 42 allows transfer orders to be amended and provides procedural requirements for land interests and registrars (s 42(6)-(9)).
Continuity of obligations and immunities: The Act preserves immunities (s 40) and provides that acts or omissions done before transition day are to be taken as done by or in respect of the relevant successor where within its functions (s 53). Disputes may therefore arise as to whether a particular pre‑transition act falls within a relevant successor’s functions, or whether preserved immunity applies; s 40 provides the statutory base for immunity continuity.
Fee recovery actions: Fees are recoverable as a debt to the State by authorised staff (s 34). Fee recovery litigation therefore will be handled in ordinary civil courts. Issues that could be litigated include whether a fee was lawfully fixed (s 19), whether the relevant person had been authorised to collect, and questions of exemption or liability for payment as determined by the CEO (s 19(b), s 11(1)(e)).
Procedural registration and transfer errors: Section 43 permits correction by Gazette order of errors in transfer orders, but provides safeguards against prejudicial retrospective effects (s 43(3)). Litigation around retrospective corrections and their effect on third parties could occur.
Administrative law review: Decisions by the CEO or Minister that affect eligibility for services, imposition of fees or facility admission regulations (s 11, s 19) are administrative decisions. Review applications in judicial review proceedings could challenge those decisions on standard public law grounds; nothing in the Act ousts judicial review. The Act’s provisions regarding Board appointment and instruments (s 14) may also be the subject of review in disputes over procedure or jurisdiction.

Because the source contains no cases, practitioners should search WA reports and the consolidated law databases for decisions that apply or interpret ss 5-20 and Part 6 provisions, and for any litigation arising since the 2015 structural reforms. The statutory review obligation in s 37 (review five years after commencement of the 2015 amendment provisions) may have produced parliamentary materials or reports that identify litigation or operational problems; those documents are not in the source but should be checked in practice.

The Act contains several provisions that create legal or operational pitfalls if overlooked. These are practical “watchpoints” for advisers, managers and compliance officers, stated in neutral, source‑grounded form with section citations.

Ministerial control and delegation constraints

The Minister retains governance of the Ministerial Body and many powers require Ministerial consent (s 5(4); s 11(1)(b)-(c), (h)). Delegation of Ministerial powers to the CEO must be in writing (s 9(3)), and the CEO cannot re‑delegate powers that have been delegated by the Minister to the CEO (s 9(4)). Practically, a CEO relying on a delegation must check whether the power originated with the Minister; re‑delegation may be ultra vires.

CEO discretion over eligibility, fees and exemptions

The CEO can determine who receives services and who will be subsidised, and can establish fees and exemptions for facility services (s 11(1)(e); s 19(b)). That places substantial gatekeeping power in the CEO. A provider or an individual denied services or charged fees will have to challenge an administrative decision, but the Act places discretion with the CEO.

Fee recovery mechanics and authorisation

Fees are recoverable as a debt to the State, but only when recovered by a staff member authorised by the CEO (s 34). Recoveries attempted by unauthorised persons may fail procedurally. The Act does not itself prescribe a timetable or administrative review process before debt recovery, creating potential contested recoveries.

Execution formalities, seal and facsimiles

Documents executed by the CEO or another person without the common seal are not deeds unless authorised as such (s 7(7)). There is a presumption of regularity for documents purporting to bear the seal or signatures or facsimiles (s 7(6), (8)-(10)), which creates evidentiary presumptions that may be litigated.

Transfer order timing and disclosure

Transfer orders can only be made before transition day (s 42(12)). Schedules to transfer orders need not be published in the Gazette but must be available for public inspection (s 42(3)); this can create perceived transparency gaps where relevant parties rely on published orders absent schedules. The Minister must consult registrars and the Minister for Lands where land interests are affected (ss 42(6)-(8)) but s 42(9) preserves actions done despite non‑compliance with those consultation requirements.

Crown immunities and continued immunities from the former Authority

The Ministerial Body has Crown status and immunities (s 5(5)). The continuation of immunities from acts done before transition day for the benefit of relevant successors is expressly preserved (s 40). Where claimants face a successor entity, liability arguments may be limited by these immunities.

Low maximum penalties in regulations

Regulations may prescribe penalties not exceeding $500 (s 36(3)). For serious non‑compliance or harmful conduct, the statutory penalty ceiling under regulations is modest; enforcement may rely on other legal mechanisms or referral to other bodies.

Tax exemption limited to transitional actions

Section 47 exempts State tax only in relation to things that occur by operation of Part 6 or anything done under the Part to give effect to it (s 47(2)). Commercial activities outside the transitional machinery that exploit IP, training or advertising rights (s 8(2)) may not enjoy the same tax treatment.

Staff appointment and contractual terms

Medical practitioners and wages staff appointed by the CEO are not public service appointments under the Public Sector Management Act Part 3 (s 15(3)). Their terms and conditions require Public Sector Commissioner approval (s 15(2)), and the different employment categories may affect industrial rights and entitlements.

Transitional corrections and protection against retrospective prejudice

The Minister may correct errors in transfer orders by Gazette order (s 43). If corrections have effect prior to publication they are circumscribed so they do not prejudicially affect private persons (s 43(3)). Parties affected by pre‑publication corrections should scrutinise s 43(3) protections and the timing of publication.

These “gotchas” suggest attention should be paid to delegation instruments, written authorisations, the scope of CEO discretion on eligibility and fees, execution formalities, and the staging and documentation of transfer orders. Procedural safeguards , clear written delegations, published fee schedules, properly signed and sealed instruments, and evidence of Minister for Lands approvals where land is affected , will reduce legal risk.

Below is a practical compliance checklist and suggested controls, rooted in the Act’s provisions. The steps are organised by institutional actor (Minister, CEO/Department, facility managers, registrars and legal/compliance teams), with the statutory provisions cited.

For the Minister and Minister’s office

Governance and instruments: Ensure the Ministerial Body is governed and that the Minister signs any instrument establishing the Advisory Board (s 5(4); s 14(4)). Maintain a minute and record for all instruments, appointments and Ministerial consents required by the Act (s 14(4)-(5); s 11(2)).
Delegation letters: When delegating powers to the CEO, prepare a written delegation signed by the Minister specifying limits and terms as required by s 9(3). Track which powers are delegated so the CEO does not, inadvertently, re‑delegate powers the Minister reserved (s 9(4)).
Transfer order oversight: If transfer orders are to be made under Part 6, coordinate with the Minister for Lands where land interests are involved and consult relevant officials (ss 42(6)-(7)). Ensure transfer order schedules are available for public inspection even if not published in the Gazette (s 42(3)).

For the CEO and Departmental legal/compliance

Administration plan: Prepare an administrative plan showing how the CEO will carry out the administration of the Act under s 10, including a documented scheme for making decisions on eligibility, subsidies and fee liability (s 11(1)(a), (e), s 19(b)).
Ministerial consent protocol: Put in place a protocol for seeking and recording Minister’s consent, including the ability to attach terms and conditions as permitted by s 11(2).
Fee policy and debtor recovery: Draft a public fee schedule and a transparent exemptions policy (s 19(b)). Ensure CEO authorisations for staff to recover fees are documented and issued in writing before any recovery actions are taken (s 34). Establish procedures for civil recovery in courts, including pre‑recovery notices and escalation pathways.
Delegations register: Maintain a written delegations register specifying all delegations received from the Minister and all delegations made under s 13, noting that Ministerial delegations cannot be re‑delegated by the CEO (s 9(4)), and that CEO delegations to non‑staff require Ministerial approval (s 13(1)(b)-(2)).
Execution and seal control: Maintain control over the Ministerial Body’s common seal and the authorised signatories list (s 7). Require that deeds be executed in accordance with the Act and that facsimile signatures used under s 7(9) are centrally authorised.
Facility procedures and incident management: Draft rules for facility admission, conduct, visiting and trespass consistent with s 19 and expected regulations under s 36. Implement incident reporting templates so the person in charge promptly reports deaths or serious injuries to the CEO and ensure the CEO’s inquiry process is documented and auditable (s 20(1)-(2)).
Employment and contractor compliance: For appointments under s 15, obtain Public Sector Commissioner approval where required for terms and conditions (s 15(2)). For secondments, document agreements in writing with employers (s 16). For contractors engaged under s 17, ensure contracts expressly state the contract status and do not inadvertently create public service appointments.
Record keeping and transitional actions: Ensure the Authority’s records are collected and transferred to the CEO as soon as practicable after transition day (s 55). For asset transfers under Part 6, follow s 45’s registration requirements and supply transfer orders and schedules to registrars.

For facility managers and on‑site staff

Admissions and conduct rules: Apply facility admission and conduct policies consistent with the CEO’s determinations under s 19 and any regulations under s 36. Train front‑line staff on authorised fee charging, collection and referral for unmet fees (s 19; s 34).
Incident reporting: Use standardised incident reporting to ensure the person in charge reports deaths and serious injuries promptly to the CEO as required (s 20(2)). Keep contemporaneous logs and witnesses preserved.
Visitor and trespass controls: Implement physical and procedural measures to prevent trespass, in line with possible regulations under s 36(2)(b).

For registrars and land/asset administrators

Transfer order processing: When the Minister issues a transfer order, ensure the registries record and register the documents necessary to reflect transfers (s 45). If schedules relate to Registrar of Titles functions, check that schedules meet the Registrar’s form and content requirements (s 42(8)) and that the Minister has obtained the Minister for Lands’ approval where necessary (s 42(6)).

For legal advisers and internal audit

Review powers and decisions: Test CEO and Minister decisions for compliance with the delegation instrument and with s 11 functions. Where affected persons challenge decisions about fees, eligibility or admissions, ensure administrative decision‑making records and rationales are available for review.
Transitional legal review: For transfers from the former Authority, review transfer orders, schedules and any corrections made under s 43. Check for possible retroactive effects and rely on s 43(3) protections for private persons.
Compliance with Financial Management Act: Ensure Ministerial Body activities deemed departmental under s 6(2) are handled within the Department’s accounting and audit procedures, and reconcile former Authority operating accounts to the Department operating account as required by s 48.

Checklist summary (practical items)

Maintain written delegations and a delegations register (ss 9, 13).
Publish or make available fee schedules and exemptions (s 19; s 34).
Authorise fee collection staff in writing (s 34).
Record Ministerial consents and terms when required (s 11(2)).
Keep common seal under secure control and log seal usage (s 7).
Implement incident reporting and CEO inquiry procedures for deaths/serious injuries (s 20).
For transfers: ensure transfer orders and schedules are prepared, published and lodged with registrars; obtain Minister for Lands consent where necessary (ss 42, 45).
Preserve staff employment records and ensure continuity of pay/leaves for transferred employees (ss 50-51).

Complying with the Act requires attention to both substantive delegation limits and to procedural controls , proper signing, sealed instruments, recorded Ministerial consents, authorised fee‑recovery officers, and registered transfer documents are the core compliance necessities the Act prescribes.

Deep Dive

What it does

Current sections