55EInternal management protocols

55E Internal management protocols S. 55E(1) amended by No. 7/2023 ss 19(4), 35(2). (1) For the purposes of determining whether to issue a medically supervised injecting centre licence to a person for a facility at the permitted site, the Secretary must consider whether to approve draft internal management protocols that are given to the Secretary by or on behalf of that person. S. 55E(2) amended by No. 7/2023 s. 19(4). (2) The Secretary may approve the draft internal management protocols if satisfied that they are sufficient to support the issuing of a medically supervised injecting centre licence. S. 55E(3) amended by No. 7/2023 s. 19(4). (3) In determining whether to approve the draft internal management protocols, the Secretary must have regard to whether, if a medically supervised injecting centre licence were issued for the facility, the draft protocols would require— (a) that the centre must have a director; and (b) that the centre must be under the supervision of a supervisor at all times; and (c) that the centre must be operated so as to facilitate access or referrals to the following— (i) primary health care services including, but not limited to, mental health services, medical consultation and medical assessment services; (ii) drug and alcohol treatment services; (iii) health education services; (iv) opioid substitution treatment services; (v) services for testing for blood‑borne diseases and sexually transmissible diseases; (vi) services involving a needle and syringe exchange program; and (d) that procedures must be established to enable staff of the centre to ascertain, in appropriate cases, whether a person seeking entry to the centre is a child; and (e) that the health and safety of staff of the centre and persons attending the centre must be protected, having regard to the design of the centre and the services of the centre; and (f) that services must be available and procedures must be established to ensure compliance, or the ability to comply, at or in connection with the centre with the requirements of— (i) this Part and the regulations made for the purposes of this Part; and (ii) the licence conditions; and (iii) the internal management protocols. (4) With the written approval of the Secretary, the internal management protocols may be amended or replaced from time to time. S. 55E(4A) inserted by No. 7/2023 s. 30. (4A) The Secretary, by instrument, may delegate the power to give a written approval under subsection (4) to— (a) a specified person who is employed under Part 3 of the **Public Administration Act 2004**; or (b) each person of a specified class of persons who are employed under Part 3 of that Act. (5) The internal management protocols are subject to this Part, the regulations made for the purposes of this Part and the licence conditions and, in the case of any inconsistency, this Part, the regulations and the licence conditions prevail. S. 55EA inserted by No. 7/2023 s. 13. 55EA Agreements and deeds as to transitional obligations (1) A person who holds, or proposes to hold, a medically supervised injecting centre licence (the ***responsible person***) may— (a) enter into an agreement with the Secretary; or (b) execute a deed in favour of the Secretary and in terms approved by the Secretary— under which the responsible person is required to comply with transitional obligations set out in the agreement or deed. (2) For the purposes of subsection (1), a ***transitional obligation*** is an obligation whose purpose is ensuring that the operation of a medically supervised injecting centre at the permitted site is, as far as is practicable, not interrupted in the event that— (a) the licence referred to in subsection (1) is revoked; and (b) a new medically supervised injecting centre licence is issued, or is to be issued, to another person (the ***successor***). (3) Without limiting subsection (2), transitional obligations may include the following— (a) an obligation that the responsible person will give the successor or another person access to the licensed medically supervised injecting centre for the purpose set out in subsection (2); (b) an obligation that the responsible person will, subject to any agreed consideration, transfer to the successor or another person records, plant, equipment or other things for the purpose set out in subsection (2); (c) an obligation that the responsible person will facilitate the successor employing or engaging persons currently employed or engaged by the responsible person in relation to the licensed medically supervised injecting centre for the purpose set out in subsection (2); (d) an obligation that the responsible person will provide other assistance to the successor or to another person for the purpose set out in subsection (2); (e) an obligation that the responsible person will continue to operate the licensed medically supervised injecting centre until the revocation referred to in subsection (2)(a) takes effect. (4) An agreement or deed under subsection (1) may make provision for or with respect to— (a) monetary penalties— (i) for a breach of the agreement or deed; or (ii) for termination of the agreement or deed; and (b) the recovery of monetary penalties referred to in paragraph (a). (5) If a medically supervised injecting centre licence is in force, and the licensee has not entered into an agreement under subsection (1) or executed a deed under that subsection, the Secretary may direct the licensee— (a) to enter into an agreement in accordance with that subsection; or (b) to execute a deed in accordance with that subsection. (6) If the holder of a medically supervised injecting centre licence has entered into an agreement under subsection (1) or executed a deed under that subsection, the Secretary may direct the licensee to make specified variations to that agreement or deed. It is a condition of the licence that the licensee must comply with a direction under subsection (5) or (6)—see section 55H(1)(ba). S. 55EB inserted by No. 7/2023 s. 13. 55EB Penalty for breach of transitional obligation or termination of agreement or deed (a) an agreement entered into, or a deed executed, in accordance with section 55EA(1) makes provision for or with respect to a penalty— (i) for a breach of the agreement or deed constituted by a failure to comply with a transitional obligation; or (ii) for termination of the agreement or deed; and (b) that penalty does not exceed 100 penalty units; and (c) that provision is expressed under the agreement or deed to be a penalty provision for the purposes of this section. (2) A person is liable to pay, as a debt due to the State, the amount as required by a provision described in subsection (1) despite anything to the contrary in a rule of, or principle at, common law. (3) In this section— ***transitional obligation*** has the meaning given by section 55EA. S. 55F (Heading) substituted by No. 7/2023 s. 7(1). S. 55F inserted by No. 66/2017 s. 7.