Intoxicated People (Care and Protection) Act 1994 (ACT)

This Act establishes a statutory framework for the short‑term care and protection of intoxicated people in the Australian Capital Territory. Mechanically, it does the following.

Authorises police to take into custody, and detain for care and protection, a person in a public place who, because of intoxication, is disorderly, likely to cause injury or damage, or incapable of protecting themselves (s 4(1)). The power is subject to a reasonableness constraint: an officer may detain only if satisfied there is no other reasonable alternative for the person’s care and protection (s 4(2)). Release obligations are prescribed, including release when the person ceases to be intoxicated or at the end of 8 hours, whichever is earlier (s 4(3)), and a limit on holding at the police station of 12 hours (s 4(4)).
Permits police to search persons taken into custody and to take possession of articles found (s 5(1)), and requires return of articles on release (s 5(2)). Police must provide a written admission statement to the manager of a licensed place if they release the detainee into that manager’s care (s 6(1)-(2)), and may provide further relevant information (s 6(3)).
Creates a licensing regime for "caring services" that provide immediate, short‑term care for intoxicated people outside hospitals (Part 3; s 14-16). Operating a caring service without a licence is an offence with specified penalties (s 14).
Imposes licence conditions and operational requirements, including that employees and volunteers hold a current first‑aid certificate issued by an entity approved by the Minister (s 18, s 37), maintenance of prescribed insurance (s 19), and annual reporting obligations (s 20).
Gives carers at licensed places specified powers and duties on admission, including a power to conduct a frisk search before admission (with limits on contact and an obligation, if practicable, to have the search conducted by a person of the same sex) (s 6A, s 6B, s 6C). A carer must not admit a person who refuses to surrender possessions for safekeeping, refuses a required search, or is found in possession of a prohibited substance (s 6A).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Intoxicated People (Care and Protection) Act 1994 A1994-85 Republication No 20 Effective: 26 December 2025 Republication date: 26 December 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Intoxicated People (Care and Protection) Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Intoxicated People (Care and Protection) Act 1994 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 3A Offences against Act—application of Criminal Code etc 2 Part 2 Intoxicated people 4 Detention of intoxicated people 3 5 Search of people in custody 4

Contents Page contents 2 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Admission statement and other relevant information 4 6A Admission to licensed place 5 6B Safekeeping of possessions 5 6C Power of carer to search intoxicated person 5 6D Leaving licensed place 6 7 Information to be given to intoxicated person 6 8 Contacting other people 7 9 Leaving in dangerous condition 7 10 Transfer—medical treatment 7 11 Remaining at licensed place 7 12 Objection to care 7 13 Protection of carers, managers and licensees 7 Part 3 Licences Division 3.1 Approval 14 Care services must be licensed 8 15 Applications 8 16 Grant 10 Division 3.2 Conditions 17 Licence conditions 10 18 Employees 10 19 Insurance 11 20 Annual reports 11 21 Further conditions 11 Division 3.3 Suspension and cancellation of licences 22 Emergency suspension and cancellation 12 23 Cancellation of licences 13 24 Requested cancellation 14 25 Return of licence on cancellation 15 Part 4 Inspection 27 Inspectors 16 28 Identity cards 16 29 Powers of inspection 17

Contents Page R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 30 Failing to comply with requirement of inspector 17 Part 5 Standards 31 Making standards 18 33 Publication of standard 18 Part 6 Notification and review of decisions 34 Meaning of reviewable decision—pt 6 20 34A Reviewable decision notices 20 35 Applications for review 20 Part 7 Miscellaneous 36 Secrecy 21 37 Approval of first-aid providers 22 39 Regulation-making power 22 Schedule 1 Reviewable decisions 23 Dictionary 24 Endnotes 1 About the endnotes 26 2 Abbreviation key 26 3 Legislation history 27 4 Amendment history 31 5 Earlier republications 35

R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Intoxicated People (Care and Protection) Act 1994 An Act to provide for the care and protection of intoxicated people, and for related purposes

Part 1 Preliminary Section 1 page 2 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Intoxicated People (Care and Protection) Act 1994. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 3A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Intoxicated people Part 2 Section 4 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Intoxicated people 4 Detention of intoxicated people (1) If a police officer believes, on reasonable grounds, that a person in a public place is intoxicated and is, because of that intoxication— (a) behaving in a disorderly way; or (b) behaving in a way likely to cause injury to himself, herself or another person, or damage to any property; or (c) incapable of protecting himself or herself from physical harm; the officer may take the person into custody and detain the person. (2) The police officer may take the person into custody only if the officer is satisfied that there is no other reasonable alternative for the person’s care and protection. (3) A person detained under subsection (1) must be released— (a) when the person ceases to be intoxicated; or (b) at the end of 8 hours after the person is detained; whichever is earlier. (4) A police officer must not allow a person detained under subsection (1) to remain at a police station where the person was detained for longer than 12 hours after the person is first detained. (5) This section does not prevent a police officer from releasing a person detained under subsection (1) if, in the police officer’s opinion, it is reasonable to release the person. (6) For subsection (5), a police officer is taken to have acted reasonably if the officer releases a person detained under subsection (1) into the care of the manager of a licensed place.

Part 2 Intoxicated people Section 5 page 4 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Search of people in custody (1) A police officer may search a person who is taken into custody under section 4 (1) and may take possession of any articles found in the person’s possession. (2) A person is entitled to the return of any articles taken from the person under subsection (1) when the person ceases to be detained under section 4. (3) In subsection (1): search means a search of a person or of articles in the person’s possession, which may include— (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes, socks and hat; and (b) an examination of those items. 6 Admission statement and other relevant information (1) If a police officer releases a person from custody under section 4 into the care of the manager of a licensed place and the person enters that place, the officer must give the manager an admission statement relating to the intoxicated person. (2) An admission statement must be in writing and must contain the following: (a) the full name of the intoxicated person (if known); (b) the date of birth of the person (if known); (c) the time and date when the person was detained by the officer; (d) an itemised list of any articles taken from the person under section 5 (1); (e) confirmation that the officer signing the statement has returned the listed articles to the person.

Intoxicated people Part 2 Section 6A R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The police officer may release to the manager any further information relating to the intoxicated person that the officer believes, on reasonable grounds, will assist the manager in caring for the person. 6A Admission to licensed place A carer must not admit an intoxicated person to a licensed place if the person— (a) refuses to give the carer the person’s clothing and other possessions for safekeeping; or (b) refuses to undergo a search under section 6C when required to do so; or Note Under s 6C, a search may be required before admission. (c) is found in possession of a prohibited substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008. 6B Safekeeping of possessions A carer must secure the clothing and other possessions of an intoxicated person who is admitted to a licensed place. 6C Power of carer to search intoxicated person (1) A carer may require an intoxicated person to undergo a frisk search in a licensed place before admitting the person. (2) The frisk search of an intoxicated person must, if practicable, be carried out by a person of the same sex as the intoxicated person. (3) If the intoxicated person is a transgender or intersex person, the person may ask that the frisk search be carried out by either a male or a female. Note 1 For the meaning of transgender person, see the Legislation Act, s 169A. Note 2 For the meaning of intersex person, see the Legislation Act, s 169B.

Part 2 Intoxicated people Section 6D page 6 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) If the intoxicated person asks that the frisk search be carried out by a male, the person is taken, for this section, to be male. (5) If the intoxicated person asks that the frisk search be carried out by a female, the person is taken, for this section, to be female. (6) In this section: frisk search, of an intoxicated person, means a search in which light pressure is momentarily applied to the person over the person’s outer clothing without contact being made with— (a) the person’s genital or anal areas; or (b) for a female—the person’s breasts. 6D Leaving licensed place (1) An intoxicated person who is admitted to a licensed place may leave the licensed place at any time. (2) An intoxicated person who is admitted to a licensed place is taken to have left the licensed place if the person goes outside the licensed place unsupervised by a carer. (3) A carer must return an intoxicated person’s possessions to the person when the person leaves the licensed place. 7 Information to be given to intoxicated person The carer who admits an intoxicated person to a licensed place must tell the person that— (a) the person may leave the licensed place at any time; and (b) if the person goes outside the licensed place unsupervised by a carer, the person will be taken to have left the licensed place; and (c) the person will be given adequate opportunity to contact a responsible person or other appropriate person.

Intoxicated people Part 2 Section 8 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Contacting other people A licensee must ensure that an intoxicated person admitted to a licensed place has adequate opportunity to contact a responsible person or other appropriate person. 9 Leaving in dangerous condition If an intoxicated person who, in the opinion of a carer, is a danger to himself, herself, another person or property leaves, or is about to leave, the licensed place, the carer must notify the police. 10 Transfer—medical treatment If a carer at a licensed place is satisfied that an intoxicated person requires, or may require, medical treatment, the carer must arrange for the intoxicated person to be transferred to the emergency department of a hospital. 11 Remaining at licensed place A licensee must not allow a person admitted to a licensed place to remain at the place for longer than 15 hours. 12 Objection to care This Act does not authorise the provision of care to a person at a licensed place if the person objects to being provided with that care. 13 Protection of carers, managers and licensees A proceeding does not lie against a person who is or has been a licensee, manager of a licensed place or carer in relation to anything honestly done or omitted to be done by the person as licensee, manager of a licensed place or carer for the exercise, or purported exercise, of a function for this Act or another territory law.

Part 3 Licences Division 3.1 Approval Section 14 page 8 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Licences Division 3.1 Approval 14 Care services must be licensed (1) A person commits an offence if— (a) the person provides a caring service; and (b) the person is not licensed under this Act to provide the service. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) An offence against this section is a strict liability offence. 15 Applications (1) A person may apply for a licence to provide a caring service. (2) An application under subsection (1) must— (a) be in writing signed by the applicant; and (b) specify the following: (i) the name and address of the applicant; (ii) the proposed name and address of each place where the applicant proposes to provide a caring service; (iii) particulars of any experience the applicant has in dealing with intoxicated people or people with problems related to alcohol or other drugs; and (c) be accompanied by— (i) if the applicant is an individual—a written statement signed by the applicant stating that the applicant has never been bankrupt or personally insolvent; or Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

Licences Part 3 Approval Division 3.1 Section 15 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) if the applicant is a corporation—a written statement signed on behalf of the corporation by an office-holder stating that as at the date of the application— (A) a liquidator, receiver, official manager or receiver and manager has not been appointed in relation to the corporation, any of its assets or any part of its affairs or undertaking; and (B) no compromise or arrangement of a kind mentioned in the Corporations Act, part 5.1 has been entered into or is proposed; and (C) the corporation is solvent; or (iii) if the applicant is an incorporated association or any other kind of entity—a written statement signed on behalf of the association or entity by an office-holder stating that the association or entity can meet its debts. (3) In this section: name and address, of an applicant, means— (a) if the applicant is an individual—the individual’s full name and business address; or (b) in any other case—the full name and home address of each office-holder of the applicant. office-holder means— (a) for a corporation—an executive officer; or (b) for an incorporated association—the president, secretary or public officer of the association; or (c) for any other entity—anyone with overall responsibility for the conduct of the entity.

Part 3 Licences Division 3.2 Conditions Section 16 page 10 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 16 Grant (1) On receiving an application in accordance with section 15, the Minister may grant the applicant a licence to provide a caring service if satisfied that— (a) the applicant has adequate experience in dealing with intoxicated people or people with problems related to alcohol or other drugs; and (b) the applicant will provide a caring service at each place specified in the application in accordance with the Act and any standards. (2) A licence must specify— (a) the full name and address of the person to whom it is granted; and (b) the location of each place where a caring service may be provided under it. Division 3.2 Conditions 17 Licence conditions A licence is subject to the conditions imposed by or under this division. 18 Employees (1) A licensee must ensure that every person employed by the licensee at a licensed place, including any volunteer, holds a current first-aid certificate. (2) In subsection (1): first-aid certificate means a first-aid certificate issued by a provider approved under section 37.

Licences Part 3 Conditions Division 3.2 Section 19 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Insurance A licensee must maintain a prescribed policy or policies of insurance. 20 Annual reports (1) A licensee must give the Minister a written report in relation to each financial year, or part of a financial year, in which the licensee provides a service. (2) A report under subsection (1) must be given to the Minister no later than 30 September immediately following the financial year to which the report relates. (3) A report must specify the following: (a) in relation to any caring service provided by the licensee—the number of people admitted to the licensed place during the period to which the report relates, and the age and sex of each person so admitted (if known); (b) whether, in the opinion of the licensee, the licensee has complied with the Act (including any standards); Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (c) if the licensee has not so complied—the particulars of any failure to comply. 21 Further conditions (1) The Minister may, by written notice, impose the further conditions on a licence that are necessary and reasonable for the care and protection of intoxicated people. (2) A condition takes effect 28 days after the day the licensee is given notice of the condition or, if the notice states a later date of effect, that date.

Part 3 Licences Division 3.3 Suspension and cancellation of licences Section 22 page 12 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3.3 Suspension and cancellation of licences 22 Emergency suspension and cancellation (1) If the Minister believes on reasonable grounds that there is an immediate risk of danger to the health or safety of people being cared for, or people providing care, at a licensed place, the Minister may suspend the licence in relation to the place. (2) A suspension under subsection (1) takes effect when the Minister gives the reviewable decision notice about the suspension to the licensee. Note The decision to suspend a licence is a reviewable decision (see s 34), and the Minister must give a reviewable decision notice to the licensee (see s 34A). (3) The reviewable decision notice must include— (a) the facts and circumstances on which the Minister’s belief is based; and (b) the licensed places (the stated places) in relation to which the licence is suspended; and (c) a statement that the licensee may not provide caring services at the stated places while the licence is suspended; and (d) a statement that the licensee may, within 28 days after the date of the notice, make submissions to the Minister why the licence should not be cancelled in relation to the stated places. (4) The Minister may cancel the licence in relation to any stated place on the ground mentioned in subsection (1). (5) However, the Minister may cancel a licence only after the end of 28 days after the date of the reviewable decision notice.

Licences Part 3 Suspension and cancellation of licences Division 3.3 Section 23 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) The cancellation of a licence under this section takes effect on— (a) the day the reviewable decision notice about the cancellation is given to the licensee; or (b) if the notice states a later date of effect—the stated date. Note The decision to cancel a licence is a reviewable decision (see s 34), and the Minister must give a reviewable decision notice to the licensee (see s 34A). 23 Cancellation of licences (1) The Minister may, subject to this section, cancel a licence in relation to a licensed place on any of the following grounds: (a) if the licensee is an individual—the licensee becomes bankrupt or personally insolvent; Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (b) if the licensee is a corporation— (i) a liquidator, receiver, official manager or receiver and manager has been appointed in relation to the corporation, any of its assets or any part of its affairs or undertaking; or (ii) a compromise or arrangement of a kind specified in the Corporations Act, part 5.1 has been entered into or is proposed; or (iii) the corporation is insolvent; (c) if the licensee is an incorporated association or any other kind of entity—that the entity is unable to meet its debts; (d) the licensee is no longer providing a caring service at the licensed place; (e) the licensee has contravened this Act (including any standards); (f) the licensee has breached a condition of the licence.

Part 3 Licences Division 3.3 Suspension and cancellation of licences Section 24 page 14 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The Minister must not cancel a licence in relation to a licensed place unless the Minister has given written notice to the licensee of the proposal to do so— (a) specifying the ground for the proposed cancellation; (b) setting out the facts and circumstances on which that ground is based; (c) specifying the licensed places in relation to which the Minister proposes to cancel the licence; and (d) inviting the licensee to make submissions to the Minister, not later than 28 days after the day the licensee is given the notice, why the licence should not be cancelled. (3) After considering any submissions made in accordance with the notice, the Minister may cancel the licence in relation to any licensed place stated in the notice on any ground stated in the notice. (4) The cancellation of a licence under this section takes effect on— (a) the day the reviewable decision notice about the cancellation is given to the licensee; or (b) if the notice states a later date of effect—the stated date. Note The decision to cancel a licence is a reviewable decision (see s 34), and the Minister must give a reviewable decision notice to the licensee (see s 34A). 24 Requested cancellation (1) A licensee may, by written notice, request the Minister to cancel the licensee’s licence in relation to 1 or more licensed places. (2) On receiving a notice under subsection (1), the Minister must cancel the licence in accordance with the request and the cancellation takes effect immediately or on the later day that is specified in the notice.

Licences Part 3 Suspension and cancellation of licences Division 3.3 Section 25 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25 Return of licence on cancellation (1) A licensee commits an offence if— (a) the licensee receives a notice under section 34 (1) of the cancellation of the licence for a place; and (b) the licensee does not return the licence to the Minister within 14 days after the day the licensee receives the notice. Maximum penalty: 5 penalty units. (2) If the licence is for 2 or more places, and the licence is cancelled for some, but not all, of the places, the Minister must— (a) amend any licence returned under subsection (1) to reflect the cancellation; and (b) return the amended licence to the licensee. (3) An offence against this section is a strict liability offence.

Part 4 Inspection Division 3.3 Suspension and cancellation of licences Section 27 page 16 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Inspection 27 Inspectors The director-general may appoint a public servant as an inspector for this Act. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). 28 Identity cards (1) The director-general must give an inspector an identity card stating the person’s name and that the person is an inspector. (2) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person stops being an inspector; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being an inspector. Maximum penalty: 1 penalty unit. (4) An offence against this section is a strict liability offence.

Inspection Part 4 Suspension and cancellation of licences Division 3.3 Section 29 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29 Powers of inspection (1) An inspector may, at any reasonable time, enter a licensed place and— (a) inspect the place and any equipment used at the place in connection with the care of people admitted to the place; and (b) inspect any books, documents or other records that are in the possession of the licensee, or to which the licensee has access, relating to the conduct of the licensed place; and (c) require the licensee to give the inspector any information, books, documents or other records that are in the possession of the licensee, or to which the licensee has access, relating to the conduct of the licensed place. (2) An inspector who enters premises under subsection (1) is not authorised to remain on the premises if, when requested to do so by the licensee, the inspector does not show his or her identity card to the licensee. (3) A person is not required to give material to an inspector under subsection (1) (c) if, when requested to do so by the person, the inspector does not show his or her identity card to the person. (4) If an inspector enters premises under subsection (1), a reference in this section to the licensee includes a reference to the manager. 30 Failing to comply with requirement of inspector (1) A person must take all reasonable steps to comply with a requirement made of the person by an inspector under section 29 (1) (c). Maximum penalty: 50 penalty units. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (2) An offence against this section is a strict liability offence.

Part 5 Standards Division 3.3 Suspension and cancellation of licences Section 31 page 18 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Standards 31 Making standards (1) The Minister may make standards for this Act. (2) A standard may make provision in relation to— (a) the condition and maintenance of premises used as licensed places; and (b) the condition and maintenance of equipment used at licensed places; and (c) the operation of caring services, including the conduct of people providing care; and (d) the training of people working with intoxicated people at licensed places; and (e) the basic skills required by people working with intoxicated people at licensed places; and (f) the collection, use, storage and disclosure of information relating to the conduct of licensed places and people admitted to them. (3) A standard is a disallowable instrument. 33 Publication of standard (1) The Minister must give public notice, on or before the date a standard is made under section 31, notice of the making of the standard— (a) specifying the date the standard takes effect; and (b) specifying the place or places where copies of the standard may be purchased; and (c) containing a statement to the effect that a copy of the standard may be inspected by members of the public at the place or places specified in the notice; and

Standards Part 5 Suspension and cancellation of licences Division 3.3 Section 33 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) containing a statement to the effect that the standard is subject to disallowance by the Legislative Assembly under the Legislation Act. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (2) The Minister must ensure that— (a) a copy of the standard is made available for public inspection at the place or places so specified in the notice under subsection (1); and (b) copies of that standard are made available for purchase at the place or places so specified in the notice. (3) In this section: standard includes any document, or part of a document, the provisions of which are applied by a standard.

Part 6 Notification and review of decisions Division 3.3 Suspension and cancellation of licences Section 34 page 20 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Notification and review of decisions 34 Meaning of reviewable decision—pt 6 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 34A Reviewable decision notices If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The Minister must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 35 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Miscellaneous Part 7 Suspension and cancellation of licences Division 3.3 Section 36 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Miscellaneous 36 Secrecy (1) In this section: divulge includes communicate. person to whom this section applies means anyone who is exercising, or has exercised, a function under this Act. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else. (2) A person to whom this section applies commits an offence if— (a) the person— (i) makes a record of protected information about someone else; and (ii) is reckless about whether the information is protected information about someone else; or (b) the person— (i) does something that divulges protected information about someone else; and (ii) is reckless about whether— (A) the information is protected information about someone else; and (B) doing the thing would result in the information being divulged. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Part 7 Miscellaneous Division 3.3 Suspension and cancellation of licences Section 37 page 22 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) This section does not apply if the record is made, or the information is divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law. (4) Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent. 37 Approval of first-aid providers The Minister may, in writing, approve an entity as a provider of first- aid courses for this Act. 39 Regulation-making power The Executive may make regulations for this Act.

Reviewable decisions Schedule 1 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 6) column 1 item column 2 section column 3 decision column 4 entity 1 16 (1) not satisfied in relation to s 16 (1) (a) or (b) in relation to applicant applicant 2 21 (1) impose further condition on licence licensee 3 22 (1) suspend licence licensee 4 22 (4) or 23 (1) cancel licence licensee 5 37 refuse to approve entity as provider of first-aid courses entity

Dictionary page 24 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • ACAT • adult • bankrupt or personally insolvent • director-general (see s 163) • home address • police officer • reviewable decision notice • under. carer means a person who works with intoxicated people at a licensed place. caring service means a service that provides immediate, short-term care for intoxicated people, but does not include a service provided at a hospital or other medical facility. inspector means an inspector under section 27. intoxicated means apparently under the influence of alcohol, another drug or substance, or a combination of alcohol, drugs or substances. Examples of substances 1 glue 2 petrol 3 another solvent licensed place means a place where a licensee is licensed to provide a caring service. licensee means a person who holds a licence under section 16. manager, for a licensed place, means the person in charge of the place.

Dictionary R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au prescribed includes prescribed by the standards. public place means a place to which the public, or a section of the public, has access, whether by payment or not, and includes a school and any land or premises that belong to or are occupied or used in relation to a school. responsible person, in relation to an intoxicated person, includes— (a) a relative, guardian or friend of the intoxicated person who is an adult; or (b) a lawyer acting on behalf of the intoxicated person. reviewable decision, for part 6 (Notification and review of decisions)—see section 34. school means a government school (including a pre-school) or non- government school under the Education Act 2004. standard means a standard made under section 31.

Endnotes 1 About the endnotes page 26 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history The Intoxicated People (Care and Protection) Act 1994 was originally the Intoxicated Persons (Care and Protection) Act 1994. It was renamed by the Statute Law Amendment Act 2005 A2005-20 (see amdt 3.168). Intoxicated People (Care and Protection) Act 1994 A1994-85 notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 (s 2 (1)) remainder commenced 15 June 1995 (s 2 (3)) as amended by Intoxicated Persons (Care and Protection) (Amendment) Act 1997 A1997-71 notified 10 November 1997 (Gaz 1997 No S350) commenced 10 November 1997 (s 2) Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 198 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 198 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Crimes Legislation Amendment Act 2001 A2001-63 pt 7 notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) pt 7 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3)

Endnotes 3 Legislation history page 28 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2002 (No 2) A2002-49 pt 1.2 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) pt 1.2 commenced 21 December 2002 (s 2 (3)) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.45 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.45 commenced 9 April 2004 (s 2 (1)) Education Act 2004 A2004-17 sch 2 pt 2.4 notified LR 8 April 2004 s 1, s 2 commenced 8 April 2004 (LA s 75 (1)) sch 2 pt 2.4 commenced 1 January 2005 (s 2) Intoxicated Persons (Care and Protection) Amendment Act 2004 A2004-54 notified LR 16 August 2004 s 1, s 2 commenced 16 August 2004 (LA s 75 (1)) remainder commenced 17 August 2004 (s 2) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.29 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.29 commenced 2 June 2005 (s 2 (1)) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.26 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.26 commenced 24 November 2005 (s 2) Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.13 notified LR 26 October 2006 s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2)) sch 3 pt 3.13 commenced 16 November 2006 (s 2 (1)) Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.17 notified LR 14 August 2008 s 1, s 2 commenced 14 August 2008 (LA s 75 (1)) sch 2 pt 2.17 commenced 14 February 2009 (s 2 and LA s 79)

Endnotes Legislation history 3 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.58 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.58 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.44 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.44 commenced 22 September 2009 (s 2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.42 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1)) sch 3 pt 3.42 commenced 17 December 2009 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.85 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.85 commenced 1 July 2011 (s 2 (1)) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 1 pt 1.3 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 1 pt 1.3 commenced 12 December 2011 (s 2) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.37 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.37 commenced 14 October 2015 (s 2) Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.28 notified LR 9 June 2021 s 1, s 2 commenced 9 June 2021 (LA s 75 (1)) sch 3 pt 3.28 commenced 23 June 2021 (s 2 (1))

Endnotes 3 Legislation history page 30 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.101 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.101 commenced 26 December 2025 (s 2 (7))

Endnotes Amendment history 4 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2005-20 amdt 3.168 Dictionary s 2 om A2001-44 amdt 1.2268 ins A2005-20 amdt 3.168 am A2008-26 amdt 2.121 Notes s 3 sub A2005-20 amdt 3.168 def admission statement om A2005-20 amdt 3.168 def carer sub A1997-71 s 4 om A2005-20 amdt 3.168 def caring service om A2005-20 amdt 3.168 def health practitioner om A2005-20 amdt 3.168 def inspector om A2005-20 amdt 3.168 def intoxicated sub A2001-63 s 53 om A2005-20 amdt 3.168 def legal representative om A1997-96 sch 1 def licensed place sub A1997-71 s 4 om A2005-20 amdt 3.168 def licensee om A2005-20 amdt 3.168 def manager om A2005-20 amdt 3.168 def office-holder om A2005-20 amdt 3.168 def prescribed om A2005-20 amdt 3.168 def prohibited substance ins A2004-54 s 4 om A2005-20 amdt 3.168 def public place om A2005-20 amdt 3.168 def responsible person am A1997-96 sch 1 om A2005-20 amdt 3.168 def school sub A2004-17 amdt 2.9 om A2005-20 amdt 3.168 def standard om A2005-20 amdt 3.168 Offences against Act—application of Criminal Code etc s 3A ins A2005-54 amdt 1.173 Intoxicated people pt 2 hdg am A2005-20 amdt 3.179 Detention of intoxicated people s 4 hdg am A2005-20 amdt 3.179 s 4 am A2001-63 ss 54-56 Search of people in custody s 5 hdg am A2005-20 amdt 3.179 s 5 am A1997-71

Endnotes 4 Amendment history page 32 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Admission statement and other relevant information s 6 am A1997-71; A2005-20 amdt 3.169, amdt 3.170 Admission to licensed place s 6A ins A1997-71 sub A2004-54 s 5 am A2008-26 amdt 2.122 Safekeeping of possessions s 6B ins A1997-71 sub A2004-54 s 5 Power of carer to search intoxicated person s 6C ins A1997-71 sub A2004-54 s 5 Leaving licensed place s 6D ins A1997-71 sub A2004-54 s 5 Information to be given to intoxicated person s 7 am A1997-71 sub A2004-54 s 5 Contacting other people s 8 sub A2004-54 s 5 Leaving in dangerous condition s 9 am A1997-71 Remaining at licensed place s 11 am A2002-49 amdt 1.2 Protection of carers, managers and licensees s 13 am A1997-71 sub A2006-42 amdt 3.77 Approval div 3.1 hdg (prev pt 3 div 1 hdg) renum R2 LA Care services must be licensed s 14 am A1998-54 sub A2005-54 amdt 1.174 Applications s 15 am A2005-20 amdt 3.171, amdt 3.172, amdt 3.179; A2006-42 amdt 3.78; A2009-49 amdt 3.99; A2011-52 amdt 1.3 Grant s 16 am A2005-20 amdt 3.173, amdt 3.179 Conditions div 3.2 hdg (prev pt 3 div 2 hdg) renum R2 LA

Endnotes Amendment history 4 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Annual reports s 20 am R7 LA; A2005-20 amdt 3.174, amdt 3.179 Further conditions s 21 am A2005-20 amdt 3.179; A2006-42 amdt 3.79 Suspension and cancellation of licences div 3.3 hdg (prev pt 3 div 1 hdg) renum R2 LA Emergency suspension and cancellation s 22 am A2005-20 amdt 3.179 sub A2008-37 amdt 1.253 Cancellation of licences s 23 am A2005-20 amdt 3.175; A2006-42 amdts 3.80-3.82;A2008-37 amdt 1.254; A2011-52 amdt 1.4 Return of licence on cancellation s 25 am A1998-54 sub A2005-54 amdt 1.175 Return of licence s 26 am A1998-54 om A2005-54 amdt 1.176 Inspectors s 27 sub A2005-20 amdt 3.176 (2)-(4) exp 2 June 2006 (s 27 (4) (LA s 88 declaration applies)) am A2011-22 amdt 1.261 Identity cards s 28 am A1998-54; A2005-20 amdt 3.177 sub A2005-54 amdt 1.177 (5)-(7) exp 24 November 2005 (s 28 (7)) am A2011-22 amdt 1.261 Powers of inspection s 29 am A2005-20 amdt 3.179 Failing to comply with requirement of inspector s 30 hdg sub A2004-15 amdt 2.98 s 30 am A1998-54; A2004-15 amdt 2.99, amdt 2.100 sub A2005-54 amdt 1.178 Making standards s 31 am A2001-44 amdts 1.2269-1.2271; A2005-20 amdt 3.179; A2006-42 amdt 3.83; A2025-29 amdt 4.101 Disallowance s 32 om A2001-44 amdt 1.2272

Endnotes 4 Amendment history page 34 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Publication of standard s 33 hdg sub A2015-33 amdt 1.119 s 33 am A2001-44 amdt 1.2273; A2009-20 amdt 3.103; A2015-33 amdt 1.120, amdt 1.121 Notification and review of decisions pt 6 hdg sub A2008-37 amdt 1.255 Meaning of reviewable decision—pt 6 s 34 sub A2008-37 amdt 1.255 Reviewable decision notices s 34A ins A2008-37 amdt 1.255 am A2025-29 amdt 4.101 Applications for review s 35 sub A2008-37 amdt 1.255 am A2025-29 amdt 4.101 Secrecy s 36 am A1998-54 sub A2005-54 amdt 1.179 Approved forms s 38 sub A2001-44 amdt 1.2274 am A2006-42 amdt 3.83 om A2021-12 amdt 3.64 Regulation-making power s 39 ins A2001-44 amdt 1.2274 am A2025-29 amdt 4.101 Reviewable decisions sch 1 ins A2008-37 amdt 1.256 Dictionary dict ins A2005-20 amdt 3.178 am A2008-37 amdt 1.257, amdt 1.258; A2009-20 amdt 3.104; A2009-49 amdt 3.100; A2011-22 amdt 1.262; A2011-52 amdt 1.5; A2015-33 amdt 1.122 def carer ins A2005-20 amdt 3.178 def caring service ins A2005-20 amdt 3.178 def inspector ins A2005-20 amdt 3.178 def intoxicated ins A2005-20 amdt 3.178 am A2025-29 amdt 4.101 def licensed place ins A2005-20 amdt 3.178 def licensee ins A2005-20 amdt 3.178 def manager ins A2005-20 amdt 3.178 def prescribed ins A2005-20 amdt 3.178 def prohibited substance ins A2005-20 amdt 3.178 om A2008-26 amdt 2.123

Endnotes Earlier republications 5 R20 26/12/25 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def public place ins A2005-20 amdt 3.178 def responsible person ins A2005-20 amdt 3.178 def reviewable decision ins A2008-37 amdt 1.259 def school ins A2005-20 amdt 3.178 def standard ins A2005-20 amdt 3.178 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk () in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 A1997-96 1 June 1998 2 A2001-63 22 November 2001 3 A2002-49 21 December 2002 4 A2004-15 9 April 2004 5 A2004-54 17 August 2004 6 A2004-54 1 January 2005 7 A2005-20 2 June 2005 8 A2005-54 24 November 2005 9 A2005-54 25 November 2005 10 A2005-54 3 June 2006 11 A2006-42 16 November 2006 12 A2008-37 2 February 2009 13 A2008-37 14 February 2009 14 A2009-20 22 September 2009 15 A2009-49 17 December 2009 16 A2011-22 1 July 2011

Endnotes 5 Earlier republications page 36 Intoxicated People (Care and Protection) Act 1994 Effective: 26/12/25 R20 26/12/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No Amendments to Republication date 17 A2011-52 12 December 2011 18 A2015-33 14 October 2015 19 A2021-12 23 June 2021 © Australian Capital Territory 2025

The Act organises its regulatory intervention around a small set of defined concepts that structure powers, duties and procedural safeguards. The key concepts are expressed in the dictionary and in the operative provisions.

Intoxicated, defined as apparently under the influence of alcohol, another drug or substance, or a combination (dictionary). The definition explicitly includes non‑alcohol substances such as solvents, and it is a behavioural and observational standard, not a numeric blood alcohol measure.
Caring service, defined as immediate, short‑term care for intoxicated people, excluding hospital or other medical facility services (dictionary). This is the regulated activity; operating one without a licence is an offence (s 14).
Licensed place and licensee, the spatial and person anchors for regulation. A licence granted under s 16 must specify the licensee’s full name and address and the location of each place where care may be provided (s 16(2)). The manager is the person in charge of each licensed place (dictionary).
Carer, the person who works with intoxicated people at a licensed place (dictionary). Carers have operational duties on admission, custody and release (s 6B, s 7-11), and certain legal protections for acts honestly done (s 13).
Admission statement, the written document police must give to the manager when an intoxicated person is released into a licensed place (s 6). It must include identifying data (full name, date of birth if known), detention times, and an itemised list of articles taken from the person and confirmation that listed articles were returned (s 6(2)(a)-(e)).
Search and safekeeping powers. Police may search a detained person and take possession of articles (s 5). Carers may require a frisk search before admission (s 6C), with limits defined for what a frisk search may include and an obligation, if practicable, to use a same‑sex searcher (s 6C(1)-(3)). Licensees must secure and return possessions (s 6B, s 6D(3)).
Time limits on custody and care. Police detention must end when the person ceases to be intoxicated or at the end of 8 hours, whichever is earlier (s 4(3)). A detained person must not be allowed to remain at the police station for longer than 12 hours (s 4(4)). A licensee must not allow an admitted person to remain at the licensed place for longer than 15 hours (s 11).
Ministerial standards and oversight. The Minister may make disallowable standards about premises, equipment, operations, training, basic skills and information handling (s 31). Standards can prescribe matters, being a source of delegated rulemaking that operationalises the Act.
Compliance, inspection and enforcement. Inspectors appointed by the director‑general may enter licensed places at reasonable times, inspect premises and records, and require information from licensees (s 27-29). Failure to comply with an inspector’s requirement is a strict liability offence (s 30).
Procedural rights and secrecy. Reviewable administrative decisions are set out in Schedule 1 and are subject to notice and ACAT review under pt 6 (s 34-35, sch 1). There is a separate secrecy offence for recklessly recording or divulging protected information obtained under the Act, with specified exceptions (s 36(2)-(4)).

These concepts operate together to create a regulatory model: police have an initial frontline role in identifying and detaining intoxicated persons in public (s 4-6). Transfer into the regulated, licenced caring environment depends on police information flow to managers (s 6), carer compliance with admission rules and searches (s 6A, s 6C), and licensee compliance with training, insurance, reporting and standards (s 18-21, s 31). The Minister and inspectors provide ongoing oversight and enforcement, with review rights preserved through ACAT for affected entities (s 21, s 22-25, pt 6, sch 1).

The Act creates obligations and entitlements affecting a defined set of actors, and generates quasi‑market effects for entities that provide care for intoxicated people.

Intoxicated persons. Individuals who, in public, appear intoxicated and meet the statutory behavioural triggers may be taken into custody by police for care and protection (s 4(1)). Those admitted to licensed places gain statutory protections regarding information, contact opportunities, safekeeping of possessions and the right to leave at any time (s 6, s 7-8, s 6D(1)-(3)). The Act also subjects such persons to searches under specified conditions, and allows refusal to admit where the person declines required safeguards such as handing over possessions (s 6A, s 6C).
Police officers. Police exercise the initial detention and search powers (s 4, s 5). Police must provide written admission statements and may release relevant information to managers of licensed places (s 6(1)-(3)). The Act places a reasonableness constraint on detention (s 4(2)) and prescribes release timings (s 4(3)-(4)).
Licensees, managers and carers. Anyone providing a caring service must be licensed (s 14). Licensees must ensure employees and volunteers hold approved first‑aid certificates (s 18), maintain prescribed insurance (s 19), produce annual reports (s 20), implement safekeeping of possessions (s 6B), permit inspection and produce records when required (s 29), and comply with standards made under s 31. Managers and carers have to follow admission, search and contact rules, and must notify police if a person who is a danger leaves or is about to leave (s 9).
Providers of first aid. First‑aid course providers must be approved by the Minister to issue certificates accepted under the Act (s 37). That creates a gate for who can train staff for compliance with s 18.
The Minister and the director‑general. The Minister makes standards (s 31), imposes further conditions on licences (s 21), and can suspend or cancel licences in emergencies (s 22) or following process (s 23). The director‑general appoints inspectors and issues identity cards (s 27-28).
Inspectors. Appointed public servants may enter licensed places at reasonable times, inspect premises, equipment and records, and require information (s 27-29). They must carry identity cards (s 28(1)-(2)).
The broader public and venues. The definition of public place includes any place to which a section of the public has access, whether by payment or not, and explicitly includes schools (dictionary). The Act therefore governs officers' powers in a wide range of communal settings.
Corporations and other entities applying for licences. The application regime requires solvency and non‑insolvency statements, with corporate applicants to provide statements about receivers, liquidators or arrangements under the Corporations Act (s 15(2)(c)(ii)). That creates a de facto suitability test based on financial status and corporate health.

Who pays and who decides. Costs fall on applicants and licensees through licence application compliance, training and first‑aid certification costs, prescribed insurance and recordkeeping for annual reports (s 15, s 18-20). The Minister and director‑general decide on approvals, licence conditions, emergency suspensions and appointment of inspectors (s 16, s 21-22, s 27, s 31). Police decide when to detain and what information to hand to managers (s 4-6). Inspectors decide when and what to inspect (s 29).

Effects on private choice and enterprise. Entities that operate caring services must enter the licencing regime to provide services lawfully (s 14). The requirement that carers and volunteers hold first‑aid certificates approved by the Minister (s 18, s 37) and the potential for standards to prescribe premises and equipment (s 31) shape the business model and cost base of providers. The Act thus channels provision of short‑term intoxication care into a regulated sector with entry costs and ongoing compliance obligations.

This section focuses on the concrete statutory duties imposed on police, licensees, managers, carers and inspectors, and the corresponding rights of affected persons, with section references.

Police duties and limits

Detention power and threshold: a police officer may take into custody a person in a public place if, on reasonable grounds, the person appears intoxicated and is disorderly, likely to cause injury or damage, or incapable of protecting themselves (s 4(1)). The officer must be satisfied there is no other reasonable alternative for the person’s care and protection (s 4(2)).
Release obligations: a detained person must be released when they cease to be intoxicated or at the end of 8 hours after detention, whichever is earlier (s 4(3)). A person must not be allowed to remain at the police station for longer than 12 hours (s 4(4)). A police officer may also release a person into the care of a licensed place manager, and is taken to have acted reasonably in doing so (s 4(5)-(6)).
Search and return: police may search a detained person and take possession of articles (s 5(1)); articles must be returned when the person ceases to be detained (s 5(2)).

Manager, licensee and carer duties and rights

Admission statement and information: when police release a person into a licensed place, the police officer must give the manager an admission statement in writing with prescribed particulars, and may give further relevant information believed to assist the manager in caring for the person (s 6(1)-(3)). This provides managers with specific mandatory records to support decision making and liability management.
Admission refusals and searches: a carer must not admit a person who refuses to give their clothing and possessions for safekeeping, refuses a required search under s 6C, or is found in possession of a prohibited substance (s 6A). Carers may require a frisk search before admission, which must, if practicable, be by a person of the same sex and must not involve contact with genital or anal areas or female breasts (s 6C(1)-(6)).
Safekeeping: licensees must secure the clothing and other possessions of admitted intoxicated persons and return them when the person leaves (s 6B, s 6D(3)).
Information to admitted persons: carers must inform admitted persons that they may leave at any time, that leaving unsupervised outside is taken as having left, and that they will have adequate opportunity to contact a responsible or appropriate person (s 7, s 6D(1)-(2)).
Contacting others: licensees must ensure adequate opportunity for an admitted person to contact a responsible person or other appropriate person (s 8).
Safety and medical transfer: if a carer considers an admitted person to be a danger and the person leaves or is about to leave, the carer must notify police (s 9). If the carer is satisfied medical treatment is required or may be required, the carer must arrange transfer to a hospital emergency department (s 10).
Time limit: a licensee must not allow an admitted person to remain for longer than 15 hours (s 11).
Objection to care: the Act does not authorise provision of care at a licensed place if the person objects to that care (s 12).
Protection from civil proceedings: there is an express bar to proceedings against licensees, managers and carers for anything honestly done or omitted for the exercise, or purported exercise, of a function under this Act (s 13). The protection is limited to honest actions and omissions performed under the Act or other Territory laws.

Licence and administrative duties

Licensing requirement: operating a caring service without a licence is an offence (s 14). Applications must include identification, proposed places, experience particulars and solvency statements appropriate to the applicant’s legal form (s 15).
Granting and conditions: the Minister may grant a licence where satisfied the applicant has adequate experience and will provide services in accordance with the Act and standards (s 16). Licences must specify the licensee’s name and address and the locations where care will be provided (s 16(2)). The Minister may impose further conditions deemed necessary and reasonable for care and protection, with 28 days’ notice (s 21).
Employees: licensees must ensure every person employed or volunteering at the licensed place holds a current first‑aid certificate issued by a provider approved by the Minister (s 18, s 37).
Insurance and reporting: licensees must maintain prescribed insurance and submit annual reports specifying numbers admitted, age and sex, compliance statements, and particulars of non‑compliance (s 19-20).

Inspection and enforcement duties

Inspectors: the director‑general appoints inspectors, who must carry identity cards and may enter licensed places at reasonable times to inspect premises, equipment, books and records and to require information (s 27-29). Inspectors must show identity cards when requested (s 29(2)-(3), s 28(1)-(2)).
Compliance obligations: persons must take all reasonable steps to comply with an inspector’s requirement (s 30). Failure is a strict liability offence with a maximum penalty of 50 penalty units.
Emergency action and cancellation: the Minister may suspend a licence immediately where there are reasonable grounds to believe there is an immediate risk to health or safety (s 22). Cancellation procedures require notice specifying grounds and facts and an opportunity to make submissions within 28 days (s 22(3), s 23(2)). Requests for cancellation by a licensee must be actioned immediately or on a later date specified by the licensee (s 24).

Rights and review

Reviewable decisions: schedule 1 lists reviewable decisions (for example, refusal to grant under s 16(1), imposition of further conditions s 21(1), suspension s 22(1), cancellation s 22(4) and s 23(1), refusal to approve a first‑aid provider s 37). Affected entities and any other person whose interests are affected may apply to ACAT for review (s 34-35, sch 1).
Privacy protections: protected information held by persons exercising functions under the Act is subject to a secrecy offence for reckless recording or divulging, with exceptions for disclosures under the Act or with the person’s consent (s 36).

These duties set operational minimums and an enforcement structure. The Act couples procedural safeguards (notice and review) with strict liability offences in some operational areas, and provides statutory protections for carers acting honestly.

The Act uses a mixture of criminal penalties, strict liability offences and administrative enforcement levers to secure compliance. This section sets out the statutory penalties, the enforcement architecture, and the decision points where enforcement power can be exercised.

Criminal and strict liability offences

Operating without a licence: providing a caring service without holding the required licence is an offence with a maximum penalty of 50 penalty units, imprisonment for 6 months, or both (s 14(1)). The offence is designated strict liability (s 14(2)).
Failure to return cancelled licence: a licensee who receives notice of cancellation and fails to return the licence within 14 days commits a strict liability offence, maximum 5 penalty units (s 25(1)-(3)).
Failure to comply with an inspector’s requirement: persons must take all reasonable steps to comply with an inspector’s requirement under s 29(1)(c); failure is a strict liability offence, maximum 50 penalty units (s 30(1)-(2)).
Secrecy offence: a person exercising or having exercised a function under the Act who recklessly makes a protected record or recklessly divulges protected information commits an offence, maximum 50 penalty units, imprisonment for 6 months, or both (s 36(2)). Exceptions include disclosure authorised by the Act or another territory law, or with the subject’s consent (s 36(3)-(4)).
Identity card return: an inspector who stops being an inspector and does not return their identity card within 7 days commits a strict liability offence, maximum 1 penalty unit (s 28(3)-(4)).

Administrative enforcement and oversight

Licensing enforcement: the Minister controls licensing decisions, and may impose further conditions considered necessary and reasonable (s 16, s 21). Emergency suspensions may be issued where the Minister believes on reasonable grounds there is an immediate risk to health or safety; such suspensions take effect on service of the reviewable decision notice (s 22(1)-(3)). Cancellation can follow suspension or be initiated after notice (s 22(4)-(6), s 23).
Procedural safeguards on cancellation: for non‑emergency cancellations, the Minister must give written notice specifying the grounds, facts and places affected, and invite submissions within 28 days before cancelling (s 23(2)-(4)). Emergency suspensions carry a 28 day window in which the licensee may make submissions before cancellation (s 22(3)(d), s 22(5)).
Inspection and information powers: inspectors may enter licensed places at reasonable times, inspect premises and equipment, examine books, documents and records, and require provision of related information (s 29(1)(a)-(c)). Inspectors must present identity cards to remain on premises or when requesting material (s 29(2)-(3), s 28).
Review rights: decisions enumerated in Schedule 1 are reviewable. The Minister must give a reviewable decision notice to affected entities and take reasonable steps to notify others whose interests are affected (s 34A). Affected parties and other persons whose interests are affected may apply to ACAT for review (s 35).

Enforcement incentives and burdens

Strict liability offences in operational compliance areas (licensing, inspection compliance, return of cancelled licence) mean licensees and managers bear a risk of penalty without a prosecution needing to prove fault. The Act pairs this with procedural protections for licences (notice, submissions, ACAT review).
The Minister’s discretion is broad in licensing and imposition of further conditions (s 16, s 21), with the Act supplying notice and review mechanisms for affected licensees (s 21(2), s 23(2), pt 6, sch 1). Emergency suspension facilitates immediate action where the Minister forms a reasonable belief of immediate risk, and the suspension is effective on service (s 22(1)-(3)).
Inspectors enforce compliance through record and information demands backed by strict liability penalties for non‑compliance (s 29-30). The Act requires identity card presentation to prevent arbitrary demands (s 29(2)-(3), s 28).

Penalty unit values and maximum penalties

The republication notes the value of a penalty unit at the republication date: $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133), referenced in the republication preface. The Act itself sets maxima in penalty units for specific offences as described above.

Enforcement architecture summary

Frontline enforcement is police action in public (detention, search, transfer) governed by operational time limits (s 4-5).
Regulatory enforcement of caring services is administrative, driven by the licensing regime, standards set by the Minister, inspection powers, and the possibility of licence suspension or cancellation (Part 3, Part 4, s 31).
Criminal enforcement is reserved for clear breaches such as unlicensed provision, failure to comply with inspector demands, reckless disclosure of protected information, and failure to return cancelled licences, with strict liability in several areas to prioritise compliance over fault.

The Act deliberately references and incorporates other instruments and statutory frameworks, creating several direct interactions and cross‑references that affect interpretation and implementation.

Criminal Code and general criminal law

Section 3A expressly provides that the Criminal Code, chapter 2 applies to all offences against this Act, so general principles of criminal responsibility, burdens of proof and defences in the Criminal Code apply to offences created by this Act. The republication notes this cross‑application in the text of s 3A and in the explanatory notes.

Medicines, Poisons and Therapeutic Goods Act 2008

Section 6A(c) references possession of a "prohibited substance" within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008 as a ground for refusing admission to a licensed place. That cross‑reference imports the definitions and offence constructs from that Act into the admission decision in the Intoxicated People Act. The endnotes show amendments aligning the definition and cross‑references (A2008-26).
Licensees and carers must therefore treat identification of prohibited substances and related legal consequences under the Medicines, Poisons and Therapeutic Goods Act as an operational determinant for refusal to admit.

Legislation Act 2001

The Legislation Act supplies interpretive machinery and administrative rules referenced in the Act. The dictionary note and other references recall Legislation Act definitions such as "director‑general", "public notice", "reviewable decision notice", "penalty units" and the machinery for approvals and standards (notes to s 2, s 33). For example, "public notice" is defined in the Legislation Act to include notice on an ACT government website or in a daily newspaper (s 33(1) note).
The Legislation Act also governs the making and disallowance of subordinate instruments. Standards made under s 31 are disallowable instruments, and publication and availability requirements are set out in s 33 with cross‑references to the Legislation Act framework.

Corporations Act and insolvency frameworks

Licence applications require solvency statements tailored to the applicant’s legal form. Corporations must provide statements about liquidators, receivers or arrangements under the Corporations Act, part 5.1 (s 15(2)(c)(ii)). Insolvency or related corporate actions are grounds for cancellation under s 23(1)(b).
This links corporate governance and insolvency law into the suitability assessment for licensees.

Health and emergency care

The Act excludes hospitals and other medical facilities from the definition of "caring service" (dictionary). Where medical treatment is required or may be required, carers must transfer intoxicated persons to hospital emergency departments (s 10). That creates an operational boundary: the Act governs short‑term, non‑medical care, but routes medical needs to the health system.

Education Act 2004

The definition of "school" refers to the Education Act 2004 (dictionary). Because "public place" includes schools, the Act’s public place detention powers may apply on school premises where the public has access (dictionary, s 4).

Administrative law and review

Review rights are located in ACAT under the ACAT Act framework, as cross‑referenced in s 34A notes and s 35. The Act lists reviewable decisions in Schedule 1. The Minister must give reviewable decision notices and take reasonable steps to notify other affected persons, consistent with administrative law obligations (s 34A, note).

Standards and subordinate instruments

Standards made under s 31 are disallowable instruments subject to publication and availability requirements in s 33. The standards regime thus interacts with the broader subordinate instrument processes under the Legislation Act 2001, including tabling and potential disallowance by the Legislative Assembly.

Privilege and self‑incrimination

The Act’s inspection provision refers to the Legislation Act sections dealing with privilege against self‑incrimination and client legal privilege (s 30 note), signalling that the provision of materials to inspectors is regulated by those protections.

Practical import

The Act does not operate in isolation. Operational questions about admissible searches, evidentiary standards, possession of controlled substances, insolvency declarations by corporate applicants, and the status of public notices and disallowable standards are all routed through other statutes noted above. Practitioners must therefore interpret the Act in the context of those other legislative frameworks, especially the Criminal Code, the Medicines, Poisons and Therapeutic Goods Act, the Corporations Act, and the Legislation Act’s instrument‑making and review rules.

The endnotes included in the republication record a detailed amendment history from the Act’s introduction in 1994 to the most recent amendment in 2025. This section summarises the material legislative changes recorded in the endnotes and identifies the provisions most affected by amendments.

Origins and early amendments

The Act commenced in stages: initial notification in December 1994, with most provisions commencing on 15 June 1995 (Endnotes, Legislation history). It was originally enacted as the Intoxicated Persons (Care and Protection) Act 1994 and renamed Intoxicated People (Care and Protection) Act 1994 by the Statute Law Amendment Act 2005 (A2005-20) (endnotes, Legislation history and Amendment history).
Amendments in the late 1990s and early 2000s modified definitions, search powers and procedural provisions. For example, the Intoxicated Persons (Care and Protection) (Amendment) Act 1997 (A1997-71) and subsequent amendments adjusted definitions and operational language (endnotes).

Cross‑statute alignment and Criminal Code

The Criminal Code Harmonisation Act 2005 (A2005-54) inserted s 3A which applies the Criminal Code, chapter 2 principles to offences under this Act (endnotes, Legislation history; s 3A). This aligns offence interpretation with the broader criminal responsibility framework.
In 2004 and thereafter, references to regulated substances were updated to align with the Medicines, Poisons and Therapeutic Goods Act 2008; the endnotes record insertions and amendments referencing "prohibited substance" and cross‑linking to that Act (A2004-54, A2008-26).

Licensing and standards framework changes

The Act’s licensing, inspection and standards machinery has been adjusted on multiple occasions. Notable amendments include:
- The Statute Law Amendment Act 1998, 2001 and later acts adjusted penalties and structural elements (endnotes).
- The Legislation (Consequential Amendments) Act 2001 and subsequent amending acts modified definitions and administrative provisions (endnotes).
- Amendments in 2005 restructured parts and updated the dictionary (A2005-20 amdt 3.168-3.179). The 2005 package included the redefinition of key terms and the addition of new parts such as Part 6 notification and review machinery.
- The 2008 ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) integrated ACAT review functions and introduced procedural changes relating to reviewable decisions and notices (endnotes, A2008-37).
- The ability for the Minister to make standards and for those standards to be disallowable instruments has been clarified across several amendments (s 31, s 33; endnotes list multiple amending acts affecting these provisions).

Recent amendment

The most recent recorded amendment in these endnotes is the Statute Law Amendment Act 2025 (A2025-29), notified 6 November 2025 with certain provisions commencing 26 December 2025 (endnotes, Legislation history). The amendment history notes A2025-29 amdt 4.101 affecting s 31 (making standards), and amendments to s 34A and s 35 were also marked as amended by A2025-29. Specific text changes from that amending Act are reflected in the republication but the endnotes identify s 31 and parts of pt 6 among the provisions amended.

Technical and editorial changes

The republication notes that editorial changes under the Legislation Act 2001, part 11.3 have been made and annotated where relevant. Various provisions have been renumbered and reclassified over time (endnotes list renumbering and removal or insertion of definitions).
Several provisions and dictionary entries were inserted, substituted or omitted across the amendment history. For example, definitions for carer, caring service, inspector and intoxicated were inserted by A2005-20; the definition of prohibited substance was inserted by A2004-54 and later adjustments occurred (endnotes, Amendment history).

Patterns and focus of amendments

The amendment record shows a pattern of: (1) aligning definitions and offence structures with broader criminal and public health statutes; (2) formalising administrative oversight and review through ACAT and detailed notice requirements; (3) expanding and clarifying ministerial standard‑making and inspection powers; and (4) housekeeping changes to definitions and structure of the Act.
The repetition of amendments affecting standards, inspection and licensing (s 16, s 21, s 29-31), and the integration with ACAT review architecture (A2008-37), indicates legislative attention to the administrative and regulatory governance of caring services over time.

For practitioners, the endnotes provide the authoritative amendment chain and commencement dates. When advising clients, check the endnotes’ specific amending Acts and commencement provisions for the operative date of any particular textual change, and consult the consolidated republication (as here) for the current text in force.

The Act as republished does not list judicial decisions, and the statutory text and endnotes do not name or summarise any cases. The Act does, however, build in explicit administrative review pathways and references to tribunal jurisdiction that structure how disputes and enforcement actions will be contested.

Reviewable decisions and judicial/tribunal pathway

Schedule 1 enumerates the reviewable decisions under part 6. Items include: refusal to grant under s 16(1) where the Minister is not satisfied about experience or compliance (sch 1, item 1); imposition of further conditions under s 21(1) (sch 1, item 2); suspension of licence under s 22(1) (sch 1, item 3); cancellation under s 22(4) or s 23(1) (sch 1, item 4); and refusal to approve a first‑aid provider under s 37 (sch 1, item 5).
Section 34A requires the Minister to give reviewable decision notices to the entities listed in schedule 1, and to take reasonable steps to notify any other person whose interests are affected (s 34A). Section 35 permits the entities in schedule 1, column 4, and any other person whose interests are affected by the decision, to apply to ACAT for review.

Implications for litigation and dispute resolution practice

Although no case law is reported in the statute book text, the Act designates an administrative tribunal, ACAT, as the primary review forum for the listed decisions. This means that contested licensing decisions, suspensions and cancellations will be channelled through ACAT. Practitioners should therefore expect administrative law arguments concerning procedural fairness, reasonableness of the Minister’s belief in emergency suspension cases (s 22), adequacy of notice and factual basis in cancellation notices (s 23(2)), and compliance with legislative standards.
The Act refers to the Criminal Code for the construction of offences (s 3A), so any prosecutions for statutory offences under the Act will engage Criminal Code principles. Criminal prosecutions arising from actions by carers, licensees or individuals detained under the Act could therefore involve arguments about criminal responsibility, mental state, and strict liability exceptions where the Act designates them.

Absence of named cases in the text

Because the republished Act does not mention judicial authorities, there is no statutoryly recorded litigation history to cite. Any relevant case law (for instance, on the limits of police detention powers in public places, on the construction of "intoxicated" or on tribunal review outcomes) would therefore need to be located through independent case law research rather than the text of this Act.

Practical consequences for advisers

For advice on enforcement or disputes under the Act, expect administrative review before ACAT to be the first step in challenging Ministerial decisions relating to licensing, suspension and cancellation, and the approval of first‑aid providers. Criminal matters arising under strict liability offences created by the Act will proceed under the Criminal Code framework, and so criminal defence or prosecution strategies must reflect chapter 2 Code principles.
When preparing an ACAT application or a defence to a prosecution, rely on the Act’s procedural requirements for notices and the factual particulars the Minister must include (for example, s 22(3)(a)-(c) and s 23(2)(a)-(b)), since those will shape judicial review and tribunal arguments about adequacy of reasons and procedural fairness.

This section flags specific statutory traps, compliance pitfalls and points where the Act’s mechanics produce practical risk or uncertainty for operators, police and advisers. Each item is grounded in the text.

Strict liability offences

Several operational offences are strict liability. Operating a caring service without a licence is strict liability (s 14(2)). Failure to comply with an inspector’s requirement is strict liability (s 30(2)). Failure to return a licence after cancellation is a strict liability offence (s 25(3)). Strict liability reduces the prosecution’s burden but increases compliance risk for licensees and managers. There is no fault element in these provisions; compliance systems must be robust.

Time limits and overlap between police custody and admission

Police detention is limited to 8 hours or until the person ceases to be intoxicated, whichever is earlier (s 4(3)), and police stations cannot hold the person longer than 12 hours (s 4(4)). A licensee must not allow a person to remain in a licensed place for longer than 15 hours (s 11). These staged time limits create potential operational friction: coordinating transfers from police custody into licensed places must factor in the 8 hour detention cap and ensure admission processes (including frisks, safekeeping and paperwork) do not produce unlawful continuing detention or overstay at a licensed place.

Admission refusals and possession of prohibited substances

A carer must not admit a person who refuses to give possessions for safekeeping, refuses a required frisk search, or is found in possession of a prohibited substance (s 6A). The cross‑reference to the Medicines, Poisons and Therapeutic Goods Act 2008 imports that Act’s definitions and offence consequences, so a refusal to admit on that ground may involve notification and interaction with other statutory regimes. Practical consequence: managers must have clear intake policies and training to manage refusals, including documentation and police contact protocols.

Frisk search limits and privacy risks

The carer’s power to require a frisk search is limited to light pressure over outer clothing and must not involve contact with genital or anal areas or with a female’s breasts (s 6C(6)). Yet searches are sensitive: mishandled searches risk privacy and assault claims. The Act does provide a protection for carers acting honestly (s 13), but "honestly done" is not an immunity for every contested search. Train staff and document consent and compliance with s 6C’s sex/practicability rules.

Secrecy offence and information flows

The Act creates a secrecy offence for recklessly making records or divulging protected information obtained in the course of exercising functions under the Act, with heavy penalties (s 36(2)-(4)). Managers receiving admission statements from police must avoid improper dissemination of the content. At the same time, s 6(3) allows police to give "further information" believed on reasonable grounds to assist managers. The tension: operators require information to provide safe care but must manage distribution carefully to avoid the secrecy offence. Clear internal protocols and access control for protected information are essential.

Ministerial discretion and the risk of emergency suspension

The Minister may suspend licences immediately where the Minister believes on reasonable grounds there is an immediate risk to health or safety (s 22(1)). Suspensions take effect on service of the reviewable decision notice (s 22(2)), but cancellation may follow only after 28 days (s 22(5)). The "reasonable grounds" standard, combined with immediate effect, can cause abrupt business interruption. Licensees must monitor compliance and be prepared to make prompt submissions within the 28 day window to avoid cancellation.

Standards may prescribe substantive obligations outside the Act

The Act allows the Minister to make standards about premises, equipment, operations, training and information handling (s 31). The dictionary states that "prescribed" includes standards. Because standards are disallowable instruments, they are not contained in the Act text itself. That means significant operational obligations, including the content of "prescribed" insurance policies, can appear in standards. Practitioners and operators must track standards and not rely solely on the Act for the full set of obligations.

Employee training and approved providers

Employees and volunteers must hold current first‑aid certificates from providers approved by the Minister (s 18, s 37). The approval power centralises control of who can issue acceptable certificates. Organisations should not assume that commonly available first‑aid qualifications suffice without confirmation that the provider is approved under s 37.

Recordkeeping and annual reporting

Annual reports must state numbers admitted and the age and sex of each person admitted "if known" and must state whether the licensee believes they have complied with the Act and standards (s 20(3)(a)-(b)). The "if known" qualifier reduces the obligation to investigate vigorously, but the requirement to self‑assess compliance creates exposure. Reports are due by 30 September following the financial year (s 20(2)). Late or inaccurate reporting could trigger inspection, enforcement or licence review.

Interaction with insolvency and corporate health rules

Licence applicants who are corporations must supply statements about receivers, liquidators or arrangements under the Corporations Act, and insolvency is a ground for cancellation (s 15(2)(c)(ii), s 23(1)(b)). Entities undergoing financial distress should be aware that licence status may be affected and that insolvency events can trigger administrative action.

Inspector identity and compliance disputes

Inspectors must show identity cards to remain on premises or to have their information requests met (s 28(2), s 29(2)-(3)). Licensees should check identity cards. However, refusal to provide material on the basis of no identity card can itself create friction with inspectors who have authority; the Act balances this by requiring card presentation, but licensees should handle these interactions carefully to avoid s 30 exposure.

ACAT review timing and scope

Review rights exist, but suspension can be immediate and cancellation proceedings can follow. The review process is available to licensees and others whose interests are affected (s 35). Licensees should use the 28 day submission period in s 22(3)(d) and s 23(2)(d) strategically and prepare ACAT review material early.

These "gotchas" highlight that many of the statute’s operational risks arise from delegated rule content (standards), strict liability offences, immediate Ministerial powers, and information handling obligations. Risk mitigation requires documented intake, search and safekeeping policies, training under approved providers, insurance per the standards, and timely administrative responses to Ministerial notices.

This section provides practical, text‑anchored compliance actions for police, prospective licensees, current licensees and managers, carers and inspectors. Each item references the governing provision or provisions.

For prospective licensees (application and entry)

Apply in writing and include required particulars (s 15(1)-(2)). The application must specify name and address, proposed locations for caring services, and particulars of experience in dealing with intoxicated people or related drug or alcohol problems (s 15(2)(b)(i)-(ii), (iiia)). For corporate applicants, include the solvency statement required under s 15(2)(c)(ii).
Ensure the applicant’s name and the home addresses of office‑holders are accurate, because the Act treats office‑holder details as the applicant’s name and address for non‑individual applicants (s 15(3)).
Be prepared to demonstrate adequate experience to satisfy the Minister under s 16(1)(a), including documentation of staff qualifications, prior service provision and protocols for care, transport to hospital and police liaison.

Operational readiness for granted licensees

Ensure every person employed or volunteering at a licensed place holds a current first‑aid certificate from a Minister‑approved provider (s 18, s 37). Confirm that your training provider is approved under s 37 before relying on certificates.
Maintain prescribed insurance policies as required by s 19. "Prescribed" includes prescribed by the standards; monitor the standards for insurance requirements if they are not specified in the Act.
Establish and maintain robust records and reporting systems to meet annual reporting obligations due no later than 30 September following each financial year (s 20(1)-(2)). Ensure reports contain the number of people admitted, age and sex if known, and a compliance self‑statement with particulars of any non‑compliance (s 20(3)).
Implement licensed place operational standards consistent with any Ministerial standards under s 31. Standards may prescribe premises, equipment, operations, training and information handling. Obtain and follow the currently published standards, and ensure copies are available and staff are trained on them (s 33).

Admission, search and safekeeping procedures

Prepare written intake forms and processes to receive the police admission statement specified in s 6(2). Ensure managers check the admission statement details, record possession lists and confirm receipt or return of items as required (s 6(1)-(3), s 6B, s 6D(3)).
Draft and implement frisk search policies that comply with s 6C: searches must be light pressure over outer clothing, avoid contact with genital or anal areas and female breasts, and must, if practicable, be conducted by a person of the same sex. Include a procedure for transgender and intersex persons to choose the sex of the searcher (s 6C(1)-(5)).
Refuse admission only in the statutory circumstances listed in s 6A: refusal to hand over possessions for safekeeping, refusal to undergo a required frisk search, or possession of a "prohibited substance" as defined under the Medicines, Poisons and Therapeutic Goods Act 2008 (s 6A(a)-(c)). Document refusals and notify police as appropriate.

Health, safety and transfers

Monitor admitted persons for health risks and arrange transfer to a hospital emergency department whenever medical treatment is required or may be required (s 10). Document clinical observations and transfer decisions.
Notify police if an admitted person who, in the carer’s opinion, is a danger to themselves, others, or property leaves or is about to leave the licensed place (s 9).

Information handling and secrecy

Implement information security and access controls for all "protected information" obtained under the Act. The Act criminalises reckless recording or divulgence of such information (s 36(2)). Limit access to admission statements and related records to authorised staff and maintain logs of disclosures, including disclosures made under the Act or other Territory laws (s 36(3)).
Ensure that any internal recordings, notes and communications about admitted persons are necessary for care and safety and that consent is obtained where possible for sharing sensitive information (s 36(4)).

Inspection readiness and compliance with inspectors

Maintain books, documents and other records relating to the conduct of the licensed place in an orderly, accessible form (s 29(1)(b)). Have a nominated officer prepared to provide information to an inspector and to request to see the inspector’s identity card when asked to provide material (s 29(2)-(3), s 28(1)-(2)).
Respond promptly and take all reasonable steps to comply with an inspector’s requirement for material or information (s 30(1)). Because s 30 is a strict liability offence, ensure internal escalation channels to meet any inspector demand quickly and with appropriate legal review when necessary.

Licence condition management and response to Ministerial action

Monitor compliance with licence conditions and standards continuously. If the Minister issues a written notice imposing further conditions, note that the condition takes effect 28 days after notice unless the notice states a later date (s 21(2)). Prepare submissions where appropriate before the condition’s effective date.
If the Minister issues an emergency suspension under s 22(1), note that it takes effect on service and the reviewable decision notice must state the facts and circumstances and invite submissions within 28 days (s 22(2)-(3)(a)-(d)). Prepare rapid submissions and consider an ACAT application under s 35 if suspension or cancellation follows.
If given notice of proposed cancellation, the Minister must specify grounds and facts and invite submissions within 28 days (s 23(2)). Use this window to lodge detailed evidence of compliance or remediation plans.

Documentation and governance

Keep board or management oversight records showing how licence obligations are monitored and how annual report figures are validated, including admission counts, age and sex data where known (s 20(3)(a)).
Maintain corporate solvency records and alert documents about receivers, liquidators or proposed arrangements, since insolvency status is a ground for cancellation and is required in licensing applications for corporate entities (s 15(2)(c)(ii), s 23(1)(b)).

Practical checklist summary

Before opening: apply for a licence properly, secure approved first‑aid training providers, obtain required insurance, publish or make available policies aligned to s 31 standards.
Intake: receive and record police admission statements, implement frisk search protocols, secure and document possessions, inform admitted persons of rights to leave and to contact responsible persons (s 6, s 6C, s 6B, s 7-8).
Ongoing: submit annual reports by 30 September, maintain training currency for staff, be inspection‑ready, secure protected information, and respond promptly to Ministerial notices, suspensions and cancellation proposals (s 20, s 18, s 29-30, s 21, s 22-23).
Crisis: arrange hospital transfer for potential medical needs (s 10), notify police if an imminent danger exists when an admitted person leaves (s 9), and prepare submissions within the statutory 28 day windows for Ministerial decisions (s 22(3)(d), s 23(2)(d)).

Following these text‑anchored steps will address the primary statutory duties and reduce exposure to strict liability penalties, administrative sanctions and emergency suspensions under the Act.

Intoxicated People (Care and Protection) Act 1994

Plain English Summary

Deep Dive

What it does

Current sections

Intoxicated People (Care and Protection) Act 1994

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply