Volatile Substance Abuse Prevention Act 2005 (Northern Territory)

This Northern Territory Act creates a statutory framework to prevent volatile substance abuse and to protect people, especially children, from harm arising from inhalation of volatile products. The Act does three mechanical things, set out in its objects and operational parts.

First, it authorises immediate protective actions by police officers and Minister‑appointed authorised persons to search for, seize and dispose of volatile substances and items used as inhalants (Part 2, Divisions 2 and 3; see ss 13-15). These powers can be exercised in public places, when a person is trespassing, or on private premises with occupier or owner consent (s 8). No warrant is required for searches or apprehensions under Part 2 (s 9), but procedural steps apply before searches or apprehensions unless it is impracticable because of the effects of intoxication (ss 13(3)-(4), 14, 20).

Second, the Act provides for short‑term personal safeguards, including apprehension of people who are inhaling or have recently inhaled volatile substances, taking them to a declared place of safety or to a responsible adult, and holding them in protective custody for limited periods with health assessment requirements (ss 16-29). Apprehended persons are not under arrest, may not be charged or questioned for an offence while apprehended, and, except in limited ways, must not be fingerprinted or photographed (s 17). Protective custody is time‑limited, requires responsible officer oversight, senior officer notification if custody continues after six hours and a health practitioner examination where continued custody is ordered (ss 26-28).

Third, for persons who meet statutory criteria of being at risk of severe harm from volatile substance abuse, the Act creates a clinical‑legal pathway under Part 3 for assessment, Court‑ordered participation in treatment programs and, if necessary, warrants to enforce attendance at components of those programs (ss 31-41C). Assessors appointed by the Chief Health Officer produce assessment reports (s 31, s 34). The Chief Health Officer decides whether to apply for a treatment order, which is made by the Local Court and may last up to 16 weeks, with possible extension (s 35; s 41(2)(d); s 41(3)). A treatment warrant may be issued to apprehend non‑compliant persons to bring them to services to participate in the program (ss 41A-41C).

NORTHERN TERRITORY OF AUSTRALIA VOLATILE SUBSTANCE ABUSE PREVENTION ACT 2005 As in force at 1 July 2021 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Objects ............................................................................................ 1 4 Definitions ........................................................................................ 2 5 Minister may declare volatile substance .......................................... 5 6 Not offence to inhale or possess volatile substance or inhalant ...... 5 Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 1 General provisions relating to exercise of powers 7 Police power not in derogation of other powers ............................... 5 8 Where power may be exercised ...................................................... 6 9 No warrant required ......................................................................... 6 10 Reasonable force may be used ....................................................... 6 11 Manner of giving information ........................................................... 6 12 Records to be kept .......................................................................... 6 Division 2 Powers of search and seizure 13 Search for and seizure of volatile substance or inhalant ................. 6 14 Procedures before searching for volatile substance or inhalant ...... 7 15 Disposal etc. of volatile substance or inhalant ................................. 8 Division 3 Powers of apprehension 16 Definitions ........................................................................................ 8 17 Meaning and effect of apprehension of person................................ 8 18 Interests of apprehended person and welfare of children ................ 9 19 When person may be apprehended ................................................ 9 20 Procedures when apprehending person ........................................ 10 21 Taking person to place of safety or responsible adult.................... 10 22 When person may be released or taken into protective custody .......................................................................................... 10

Volatile Substance Abuse Prevention Act 2005 ii Division 4 Protective custody 23 Definitions ...................................................................................... 11 24 Child not to be kept in police station cell ........................................ 11 25 Searching apprehended person .................................................... 11 26 Period of protective custody .......................................................... 12 27 Release from protective custody ................................................... 12 28 Continued protective custody ........................................................ 12 29 Application to justice of the peace for release ............................... 14 30 Informing parent or guardian of child's release to another person ........................................................................................... 14 Part 3 Treatment orders for persons at risk of severe harm Division 1 Preliminary matters 31 Assessors ...................................................................................... 14 31A Treatment program ........................................................................ 15 32 Powers not in derogation of other powers ..................................... 15 Division 2 Assessment of persons believed to be at risk 33 Assessment application ................................................................. 16 34 Assessment and report .................................................................. 16 35 Decision after considering assessment report ............................... 18 Division 3 Matters relating to treatment orders 36 Application for treatment order ...................................................... 18 37 Application for order in connection with treatment order................ 19 38 Notice of application ...................................................................... 19 39 Hearing of application .................................................................... 20 40 Jurisdiction and procedure of Court ............................................... 21 41 Treatment order ............................................................................. 22 41A Application for treatment warrant ................................................... 22 41B Issuing treatment warrant .............................................................. 23 41C Executing treatment warrant .......................................................... 23 Part 4 Community management of possession, supply and use of volatile substances Division 1 Preliminary matters 42 Interpretation ................................................................................. 24 43 Declaration that area must not be management area.................... 25

Volatile Substance Abuse Prevention Act 2005 iii Division 2 Management areas 44 Application for declaration of management area ........................... 25 45 Meeting about proposed management area .................................. 25 46 Application may be varied or withdrawn ........................................ 26 47 Decision to declare or refuse to declare management area .......... 26 48 Publication of notice of declaration ................................................ 27 Division 3 Management plans 49 Management plan for each management area .............................. 28 50 Preparation and approval of management plan ............................. 28 51 Amendment or replacement of management plan ......................... 29 Part 5 Offences and confidentiality Division 1 Offences 52 Unlawful supply of volatile substances .......................................... 29 53 Contravention of management plan............................................... 30 Division 2 Confidentiality 54 Definitions ...................................................................................... 30 55 Informer's identity confidential ....................................................... 30 56 Protection in proceedings of informer's identity etc........................ 30 57 Protection in proceedings of report by or to police officer .............. 31 58 When information may be disclosed .............................................. 31 59 Court may prohibit publication of proceedings ............................... 31 Part 6 Administration Division 1 Administration for Part 2 60 Authorised person ......................................................................... 32 61 Identity card for authorised person ................................................ 32 62 Guidelines for exercise of powers by authorised person ............... 33 63 Declaration of place of safety ........................................................ 33 Division 2 Administration for Part 3 64 Approval of form of request and information .................................. 33 65 Approval of employees who may make requests .......................... 34 66 Authorised officer........................................................................... 34 Division 3 General administration 67 Delegations.................................................................................... 34 68 Protection from liability .................................................................. 35

Volatile Substance Abuse Prevention Act 2005 iv Part 7 Miscellaneous 69 Regulations.................................................................................... 35 70 Regulations may incorporate other instruments ............................ 36 Part 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009 71 Definitions ...................................................................................... 36 72 Request for treatment order undecided by Minister ....................... 36 73 Court applications undecided under repealed provisions .............. 37 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2021

VOLATILE SUBSTANCE ABUSE PREVENTION ACT 2005 An Act to provide for the prevention of volatile substance abuse and the protection of individuals and communities from harm resulting from volatile substance abuse, and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Volatile Substance Abuse Prevention Act 2005. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Objects (1) The objects of this Act are to support child, family and social welfare and improve the health of people in the Territory by providing a legislative framework for: (a) the prevention of volatile substance abuse; and (b) the protection of persons, particularly children, from harm resulting from volatile substance abuse. (2) The framework enables the following actions to be taken to achieve the objects: (a) the seizure and disposal of volatile substances that are being abused; (b) the relocation to places of safety, or to responsible adults, of persons abusing volatile substances who may pose a risk to the health and safety of themselves or others; (c) the making of orders that persons at risk of severe harm as a result of abuse of volatile substances must participate in treatment programs;

Part 1 Preliminary matters Volatile Substance Abuse Prevention Act 2005 2 (d) the making of management plans relating to the possession, supply and use of volatile substances in certain communities; (e) the prosecution of persons for the unlawful supply of volatile substances; (f) the protection of persons who give information to police officers about the commission of offences against this Act. 4 Definitions In this Act: abuse, of a volatile substance, means the misuse of the substance by deliberately inhaling it to become intoxicated. adult means a person who is 18 or more years of age. applicant, in relation to an application made under section 36(1) or 37(1) means the Chief Health Officer or a person to whom the Chief Health Officer has delegated the power to make the application. application, for: (a) Part 3, Division 3 – means an application made under section 36(1) or 37(1); or (b) Part 4 – see section 42(1). apprehended person means a person apprehended under Part 2, Division 3. area, for Part 4, see section 42(1). assessment, see section 34(6). assessment applicant means a person who has made an assessment application. assessment application means an application made under section 33. assessment report means a report mentioned in section 34(1)(c). assessor means a person appointed to be an assessor under section 31(1). authorised officer means a person appointed to be an authorised officer under section 66 or a police officer.

Part 1 Preliminary matters Volatile Substance Abuse Prevention Act 2005 3 authorised person means a person appointed under section 60. Chief Executive Officer means the Chief Executive Officer of the Agency administering this Act. child means a person who is less than 18 years of age. community council, for Part 4, see section 42(1). contravene includes fail to comply with. council area, for Part 4, see section 42(1). Court means the Local Court. employee means an employee within the meaning of the Public Sector Employment and Management Act 1993. health practitioner means: (a) a medical practitioner; or (b) a person registered under the Health Practitioner Regulation National Law (other than as a student) to practise in: (i) the Aboriginal and Torres Strait Islander health practice profession; or (ii) the nursing profession; or (c) for Part 3 – a person mentioned in paragraph (a) or (b), or a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student). informer, for Part 5, Division 2, see section 54. inhalant means an item used to inhale a volatile substance. management area means an area of land declared to be a management area under Part 4. management plan means a management plan in force under Part 4. nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student). offence, for Part 5, Division 2, see section 54.

Part 1 Preliminary matters Volatile Substance Abuse Prevention Act 2005 4 person at risk, in relation to an application or order under Part 3, Division 3, means the person to whom the application or order relates. place of safety, for Part 2, Division 3, see section 16. police officer means a member of the Police Force. possession, of a volatile substance or inhalant, includes having control of the volatile substance or inhalant. resident, for Part 4, see section 42(1). responsible adult, for: (a) Part 2, Division 3 – see section 16; or (b) Part 3 – means a parent or guardian of a child at risk of severe harm, or reasonably believed to be at risk of severe harm, or a person who has custody of such a child. responsible officer, for Part 2, Division 4, see section 23. right or interest in land, for Part 4, see section 42(1). risk, posed by an apprehended person, means a risk to the health or safety of the apprehended person or other persons. senior officer, for Part 2, Division 4, see section 23. severe harm, in relation to a person, means any of the following resulting from abuse of a volatile substance: (a) physical harm; (b) neurological harm; (c) significant deterioration of or damage to the person's mental condition. supply includes the following: (a) give, distribute, sell, administer or transport, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration; (b) barter or exchange; (c) have or keep in possession for supply; (d) offering to do an act referred to in paragraph (a) or (b);

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 1 General provisions relating to exercise of powers Volatile Substance Abuse Prevention Act 2005 5 (e) doing or offering to do an act preparatory to, in furtherance of, or in connection with, an act referred to in paragraph (a) or (b). treatment order, see section 41(1). treatment program, see section 31A(1). treatment warrant, see section 41B(2). volatile substance means: (a) plastic solvent, adhesive cement, cleaning agent, glue, nail polish remover, lighter fluid, petrol or any other volatile product derived from petroleum, paint thinner, lacquer thinner, aerosol propellant or anaesthetic gas; or (b) a substance declared under section 5 to be a volatile substance. 5 Minister may declare volatile substance The Minister may, by notice in the Gazette, declare a substance to be a volatile substance. 6 Not offence to inhale or possess volatile substance or inhalant This Act does not make it an offence for a person to inhale, or have in the person's possession, a volatile substance or item used for inhaling a volatile substance. Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 1 General provisions relating to exercise of powers 7 Police power not in derogation of other powers A power conferred by this Part on a police officer is in addition to and not in derogation of any other power the police officer may have under any other Part of this Act or any other law in force in the Territory. Example for section 7 If a person inhaling a volatile substance is also committing an offence under Part 5 or under a provision of any other Act, a police officer may charge the person in connection with the offence instead of taking action under this Part.

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 2 Powers of search and seizure Volatile Substance Abuse Prevention Act 2005 6 8 Where power may be exercised (1) A police officer or authorised person may exercise a power under Division 2 or 3 only in relation to a person who is: (a) in a public place; or (b) trespassing on private property; or (c) on private premises, if consent to enter the premises is given to the police officer or authorised person: (i) by the occupier of the premises; or (ii) if there is no occupier – by the owner of the premises. (2) An authorised person may exercise a power under Division 2 or 3 (as applicable in relation to the person) only in the area specified in the notice of appointment of the authorised person. 9 No warrant required A police officer or authorised person may exercise a power under this Part without a warrant. 10 Reasonable force may be used A police officer or authorised person may use the force that is reasonably necessary when exercising a power under this Part. 11 Manner of giving information Any information or request that a police officer or authorised person is required to give to or make of a person under this Part must be given or made in a way the person is likely to understand and, if possible, in a language the person is able to understand. 12 Records to be kept Records must be kept, in accordance with the Regulations, of all actions taken under Division 2 or 3. Division 2 Powers of search and seizure 13 Search for and seizure of volatile substance or inhalant (1) This section applies if a police officer or authorised person has reasonable grounds to believe a person: (a) is in possession of a volatile substance or inhalant; and

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 2 Powers of search and seizure Volatile Substance Abuse Prevention Act 2005 7 (b) is inhaling or will inhale a volatile substance. (2) The police officer or authorised person may search the person, and any thing in the person's possession, for a volatile substance or inhalant. (3) Before conducting the search, the police officer or authorised person must follow the procedures in section 14 unless he or she believes on reasonable grounds that: (a) the person is unable to understand the information or request referred to in that section because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so. (4) If subsection (3) applies or the person does not comply with a request made in accordance with section 14(4), the police officer or authorised person may search the person and seize any volatile substance or inhalant that is in the person's possession. (5) This section does not authorise a search that involves the removal of the person's clothes or an examination of the person's body cavities. 14 Procedures before searching for volatile substance or inhalant (1) If a police officer is going to conduct the search, the officer must inform the person of the officer's rank and the police station to which the officer is attached and, if not in uniform, must show the person a written form of identification. (2) If an authorised person is going to conduct the search, the authorised person must inform the person of his or her identity by showing the person his or her identity card issued under section 61. (3) The police officer or authorised person must inform the person that, although it is not an offence to possess a volatile substance or item used to inhale a volatile substance, the police officer or authorised person may, using reasonable force: (a) search the person for a volatile substance or item used to inhale a volatile substance; and (b) seize a volatile substance or item used to inhale a volatile substance that is in the person's possession.

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 3 Powers of apprehension Volatile Substance Abuse Prevention Act 2005 8 (4) The police officer or authorised person must then request the person to give the police officer or authorised person any volatile substance or item used to inhale a volatile substance that is in the person's possession. 15 Disposal etc. of volatile substance or inhalant (1) This section applies if a police officer or authorised person: (a) seizes a volatile substance or inhalant under section 13; or (b) is given a volatile substance or inhalant under section 14. (2) If the police officer or authorised person believes that removing the volatile substance or inhalant to a police station may cause a risk to any person's health or safety or is impracticable in the circumstances, he or she may dispose of or destroy the volatile substance or inhalant. (3) If the police officer or authorised person does not dispose of or destroy the volatile substance or inhalant, he or she must take it to a police station as soon as practicable for disposal or destruction. Division 3 Powers of apprehension 16 Definitions In this Division: place of safety means a place of safety declared under section 63. responsible adult means a person reasonably considered by a police officer or authorised person to be capable of taking care of an apprehended person. 17 Meaning and effect of apprehension of person (1) For this Division, the apprehension of a person is the detention of the person in order to take the person to a place of safety or to a responsible adult. (2) An apprehended person is not under arrest and, unless section 22(3) applies, must not be taken into police custody. (3) An apprehended person: (a) must not be charged with an offence; and

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 3 Powers of apprehension Volatile Substance Abuse Prevention Act 2005 9 (b) must not be questioned by a police officer in relation to an offence; and (c) must not be photographed or have his or her fingerprints taken. 18 Interests of apprehended person and welfare of children (1) In exercising a power under this Division, a police officer or authorised person must consider the best interests of the apprehended person. (2) The welfare of any child who may be affected by the exercise of the power is of paramount consideration, whether the child is the apprehended person or is a child whose health and safety may be at risk from the apprehended person. 19 When person may be apprehended (1) A police officer or authorised person may apprehend a person if the police officer or authorised person has reasonable grounds to believe the person: (a) is inhaling or has recently inhaled a volatile substance; and (b) should be apprehended to protect the health or safety of the person or other persons. (2) Subsection (1) applies irrespective of whether the apprehended person has been searched under Division 2 and irrespective of whether a volatile substance or inhalant is in the person's possession. (3) When apprehending the person or as soon as practicable after the apprehension, the police officer or authorised person must follow the procedures in section 20 unless the police officer or authorised person believes on reasonable grounds that: (a) the apprehended person is unable to understand the information referred to in that section because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so. (4) Section 20(1) and (2) does not apply if the person has been searched in accordance with Division 2 immediately before being apprehended.

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 3 Powers of apprehension Volatile Substance Abuse Prevention Act 2005 10 20 Procedures when apprehending person (1) If a police officer apprehends the person, the police officer must inform the person of the police officer's rank and the police station to which the police officer is attached and, if not in uniform, must show the person a written form of identification. (2) If an authorised person apprehends the person, the authorised person must inform the person of his or her identity by showing the person his or her identity card issued under section 61. (3) The police officer or authorised person must inform the apprehended person that: (a) the person is not under arrest in relation to any alleged offence; and (b) the person is being apprehended to protect the health or safety of the person or other persons; and (c) the police officer or authorised person intends to take the person to a place of safety or to a responsible adult. 21 Taking person to place of safety or responsible adult (1) Subject to subsection (2) and section 22, as soon as practicable after apprehending a person, the police officer or authorised person must take the apprehended person: (a) to a place of safety, where the person may be released into the care of a person at that place; or (b) to a responsible adult and, if the responsible adult consents, release the apprehended person into that adult's care. (2) If a child is released into care at a place of safety or into the care of a responsible adult who is not the child's parent or guardian, the police officer or authorised person must, if practicable, inform a parent or guardian of the child of that action. 22 When person may be released or taken into protective custody (1) This section applies if, after making all reasonable efforts, the police officer or authorised person is unable: (a) to take the apprehended person to a place of safety or responsible adult; or (b) to find a responsible adult who will consent to take care of the apprehended person.

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 4 Protective custody Volatile Substance Abuse Prevention Act 2005 11 (2) If the police officer or authorised person considers the apprehended person no longer poses a risk, he or she may release the apprehended person in a place he or she considers suitable in the circumstances. (3) If the police officer or authorised person considers the apprehended person continues to pose a risk, he or she may take the apprehended person to a police station to be held in protective custody in accordance with Division 4. (4) If a child is taken to a police station to be held in protective custody, the police officer or authorised person must, if practicable, inform a parent or guardian of the child of that action. Division 4 Protective custody 23 Definitions In this Division: responsible officer means a police officer on duty at the police station where an apprehended person is in protective custody, who is responsible for the care of the person. senior officer means a police officer of or above the rank of Superintendent. 24 Child not to be kept in police station cell An apprehended person who is a child must not be held inside a cell at a police station except in accordance with the Regulations. 25 Searching apprehended person (1) A responsible officer may: (a) search an apprehended person or cause an apprehended person to be searched; and (b) remove or cause to be removed from the apprehended person, for safe keeping until the person is released from protective custody: (i) money and valuables found on or about the apprehended person; and (ii) items on or about the apprehended person that are likely to cause harm, or could be used by any person to cause harm, to the apprehended person or any other person.

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 4 Protective custody Volatile Substance Abuse Prevention Act 2005 12 (2) All money and valuables taken from an apprehended person must be recorded in a register kept for that purpose and must be returned to the apprehended person on receipt of a signature or other mark made in the register by the apprehended person. 26 Period of protective custody (1) Subject to this Division, an apprehended person may be held in protective custody only until it reasonably appears to a responsible officer the person no longer poses a risk. (2) Subject to this Division, if it reasonably appears to a responsible officer that an apprehended person no longer poses a risk, the officer must release the person or cause the person to be released from protective custody. (3) An apprehended person who is in protective custody after midnight and before 7.30 am on a particular day may be held in custody until 7.30 am of that day even if the person no longer poses a risk during that period. 27 Release from protective custody (1) A responsible officer may at any time release an apprehended person or cause an apprehended person to be released into the care of a person the officer reasonably believes is capable of taking care of the apprehended person. (2) Subsection (1) does not apply in the following circumstances: (a) if the apprehended person is an adult who objects to being released into the care of the other person; (b) if the apprehended person is a child who objects to being released into the care of the other person and the responsible officer is satisfied the child is of sufficient age and understanding to form an informed opinion. 28 Continued protective custody (1) This section applies if: (a) an apprehended person is held in protective custody for 6 hours; and (b) after the 6 hours expires, it reasonably appears to a responsible officer the person continues to pose a risk.

Part 2 Preventing inhalation of volatile substances and protecting health and safety of persons Division 4 Protective custody Volatile Substance Abuse Prevention Act 2005 13 (2) The responsible officer must take the following actions: (a) notify a senior officer that it reasonably appears to the responsible officer the apprehended person continues to pose a risk; (b) if instructed to do so by the senior officer – continue, subject to subsection (4), to hold the apprehended person in protective custody until: (i) the expiry of 10 hours after the apprehended person was taken into custody; or (ii) at any earlier time if it reasonably appears to the responsible officer the apprehended person no longer poses a risk; (c) make a record in the custody log (however described) of the time at which and manner in which the responsible officer notified the senior officer, the content of the notification and the instruction the senior officer gave to the responsible officer; (d) if instructed to hold the apprehended person in protective custody – arrange for a health practitioner to examine the person as soon as practicable. (3) Notification under subsection (2)(a) may be: (a) made orally, whether in person or by radio, telephone or any other available means of communication; or (b) made in writing by facsimile transmission or any other available electronic means of communication. (4) After an apprehended person has been examined by a health practitioner: (a) if the health practitioner is of the opinion the person requires medical treatment – the person may be released into the care of the health practitioner; or (b) if the health practitioner is of the opinion the person does not require medical treatment – the responsible officer must continue to hold the person in custody until the expiry of the period referred to in subsection (2)(b).

Part 3 Treatment orders for persons at risk of severe harm Division 1 Preliminary matters Volatile Substance Abuse Prevention Act 2005 14 29 Application to justice of the peace for release (1) An apprehended person may, at any time after being apprehended, request a responsible officer to take the person before a justice of the peace so the person may make an application for release from protective custody. (2) After a request is made, a responsible officer must bring the apprehended person before a justice of the peace without delay unless it is impracticable to do so or the person is released from protective custody under another section of this Division. 30 Informing parent or guardian of child's release to another person If a child is released from protective custody into the care of a person who is not the child's parent or guardian, a responsible officer must, if practicable, inform a parent or guardian of the child of that action. Part 3 Treatment orders for persons at risk of severe harm Division 1 Preliminary matters 31 Assessors (1) The Chief Health Officer may, in writing, appoint a person to be an assessor to make assessments of persons reasonably believed to be at risk of severe harm and to exercise and perform related powers and functions under this Part. (2) An assessor must be: (a) a health practitioner; or (b) a person who holds a qualification approved under subsection (5). (3) An assessor must exercise and perform his or her powers and functions in accordance with assessment guidelines issued by the Chief Health Officer. (4) Without limiting subsection (3), the assessment guidelines may specify the practice and procedures to be followed by an assessor in relation to the following matters: (a) examining and making an assessment of a person;

Part 3 Treatment orders for persons at risk of severe harm Division 1 Preliminary matters Volatile Substance Abuse Prevention Act 2005 15 (b) consulting a responsible adult for a child to whom an assessment application relates; (c) preparing an assessment report; (d) making an application for a treatment warrant. (5) The Minister may, by Gazette notice, approve a qualification or class of qualifications for subsection (2)(b). 31A Treatment program (1) A treatment program is a program of treatment or intervention appropriate for a person at risk of severe harm. (2) A treatment program may provide a person at risk of severe harm with any of the following: (a) treatment for withdrawal, stabilisation, rehabilitation or aftercare; (b) therapeutic, health, diversionary or educational intervention; (c) any other type of treatment or intervention intended to alleviate the severe harm; (d) a combination of any treatment or intervention mentioned in paragraphs (a) to (c). (3) A person at risk of severe harm may participate in any component of a treatment program: (a) at a residential facility or any other place; or (b) by taking part in a treatment or intervention that is not specific to a particular place (for example, a diversionary intervention involving travelling through an area of the Territory). 32 Powers not in derogation of other powers The powers that may be exercised by a person under this Part are in addition to and not in derogation of powers the person may exercise under any other law in force in the Territory. Example for section 32 The Guardianship of Adults Act 2016 is a law under which powers may be exercised in relation to a person at risk of severe harm as a result of volatile substance abuse.

Part 3 Treatment orders for persons at risk of severe harm Division 2 Assessment of persons believed to be at risk Volatile Substance Abuse Prevention Act 2005 16 Division 2 Assessment of persons believed to be at risk 33 Assessment application (1) This section applies if one of the following persons reasonably believes a child or adult is at risk of severe harm: (a) a police officer or authorised person; (b) an employee approved under section 65; (c) a health practitioner; (d) a member of the family of the child or adult believed to be at risk of severe harm; (e) in relation to a child believed to be at risk of severe harm – a responsible adult for the child. (2) The person may apply to an assessor for an assessment of the child or adult believed to be at risk of severe harm. (3) An assessment application: (a) must be in the form, and include the information, approved under section 64; and (b) must be accompanied by all documents in the person's possession that support the belief that the child or adult is at risk of severe harm. 34 Assessment and report (1) If an assessor to whom an assessment application is made is satisfied the information provided in or accompanying the application indicates the person to whom the application relates (the relevant person) is at risk of severe harm, the assessor must: (a) examine the person; and (b) make an assessment of the person; and (c) prepare an assessment report about the person and give it to the Chief Health Officer; and (d) notify the assessment applicant about whether or not the person was assessed as being at risk of severe harm.

Part 3 Treatment orders for persons at risk of severe harm Division 2 Assessment of persons believed to be at risk Volatile Substance Abuse Prevention Act 2005 17 (2) Despite subsection (1)(a), the assessor may take the actions mentioned in subsection (1)(b) to (d) without examining the relevant person if the following circumstances apply: (a) it is impracticable to examine the person; (b) the assessor received sufficient information about the person (for example, medical records or police records) to enable the assessor to make an assessment of the person. (3) If the assessor makes an assessment of the relevant person as being at risk of severe harm, the assessment report must recommend an appropriate treatment program for the person and include the following details: (a) each type of treatment or intervention to be provided by the program; (b) if applicable – the residential facility or place at which a particular component of the program is to be provided. (4) The assessor may request more information from the assessment applicant before deciding whether or not to make an assessment of the relevant person. (5) If the assessor is satisfied the information provided by the assessment applicant does not indicate that the relevant person is at risk of severe harm, the assessor must give the applicant a notice stating: (a) the assessor's decision not to make an assessment of the person; and (b) the reasons for the decision. (6) For this section, an assessor makes an assessment of whether a person is at risk of severe harm by making a comprehensive assessment of one or both of the following: (a) the person's condition (which may include the person's physical, neurological and mental condition); (b) the person's circumstances (which may include the circumstances of the person's lifestyle, environment and relationships with others).

Part 3 Treatment orders for persons at risk of severe harm Division 3 Matters relating to treatment orders Volatile Substance Abuse Prevention Act 2005 18 35 Decision after considering assessment report (1) As soon as practicable after considering an assessment report about a person (the relevant person), the Chief Health Officer must make a decision about whether or not to apply for a treatment order in relation to the person. (2) The Chief Health Officer may decide to apply for a treatment order in relation to the relevant person if satisfied all of the following circumstances apply: (a) the person has been assessed as being at risk of severe harm; (b) a treatment program has been recommended for the person; (c) the person has not participated in a treatment program since the assessment report was made; (d) a treatment order will be in the best interests of the person; (e) the person cannot be adequately protected from severe harm in any other way. (3) If the Chief Health Officer is not satisfied all of the circumstances mentioned in subsection (2) apply in relation to the relevant person, the Chief Health Officer: (a) may decide not to apply for a treatment order in relation to the relevant person; and (b) must give the assessor, and the assessment applicant, a notice stating the decision and the reasons for it. Division 3 Matters relating to treatment orders 36 Application for treatment order (1) As soon as practicable after making a decision under section 35 in relation to a person who has been assessed as being at risk of severe harm, the Chief Health Officer (or a delegate) may apply to the Court for a treatment order in relation to the person. (2) The application must be: (a) in a form approved by the Chief Judge; and (b) accompanied by the assessment report about the person at risk.

Part 3 Treatment orders for persons at risk of severe harm Division 3 Matters relating to treatment orders Volatile Substance Abuse Prevention Act 2005 19 37 Application for order in connection with treatment order (1) During the period a treatment order is in force, the Chief Health Officer (or a delegate) may apply to the Court for an order in connection with the treatment order (for example, an order to vary, extend or revoke the treatment order). (2) The application must be: (a) in a form approved by the Chief Judge; and (b) accompanied by documents in support of the application. 38 Notice of application (1) As soon as practicable after making an application under section 36(1), the applicant must give notice to the following persons that the application has been made: (a) if the person at risk is an adult – the person at risk; (b) if the person at risk is a child and the applicant believes the child is capable of understanding the notice – the person at risk and a responsible adult for the child; (c) if the person at risk is a child and the applicant believes the child is incapable of understanding the notice – a responsible adult for the child; (d) the assessor of the person at risk; (e) the assessment applicant in relation to the person at risk, unless the assessment applicant is the responsible adult given notice under paragraph (b) or (c). (2) As soon as practicable after making an application under section 37(1), the applicant: (a) must give notice of the application to a relevant person mentioned in subsection (1)(a) to (c); and (b) may give notice of the application to one or both of the persons mentioned in subsection (1)(d) and (e), as the applicant considers appropriate taking into account the nature of the application.

Part 3 Treatment orders for persons at risk of severe harm Division 3 Matters relating to treatment orders Volatile Substance Abuse Prevention Act 2005 20 (3) A notice given under subsection (1) or (2): (a) must include information about: (i) the persons who are required to attend at the hearing of the application; and (ii) the persons who are entitled to attend at the hearing of the application but need not do so; and (b) must be accompanied by a copy of the application endorsed with details of the time, date and place of the hearing of the application. (4) A notice given under subsection (1) to the person at risk, or a responsible adult for the person at risk, must be accompanied by the assessment report about the person at risk. (5) A notice given under subsection (2)(a) must be accompanied by each document filed at the Court in support of the application. (6) A notice given under this section to an assessment applicant must not be accompanied by: (a) any assessment report; or (b) any other document filed at the Court in support of the application. 39 Hearing of application (1) Unless an order to the contrary is made under subsection (2), the following persons are required to attend at the hearing of an application: (a) the applicant or a person representing the applicant; (b) if the person at risk is an adult mentioned in section 38(1)(a) or a child mentioned in section 38(1)(b): (i) the person at risk; or (ii) a person representing the person at risk; (c) if the person at risk is a child mentioned in section 38(1)(c) – a responsible adult or a person representing that adult.

Part 3 Treatment orders for persons at risk of severe harm Division 3 Matters relating to treatment orders Volatile Substance Abuse Prevention Act 2005 21 (2) The Court may order that a person required by subsection (1) to attend at the hearing need not attend if: (a) the Court has sufficient information to make a decision without the person's attendance; or (b) in relation to a responsible adult mentioned in subsection (1)(c) – the Court is satisfied reasonable investigations have been made to find such an adult but have been unsuccessful. (3) If the person at risk or a responsible adult does not attend at the hearing because he or she is represented by another person, the Court may order the person at risk or responsible adult to attend if the Court requires information from the person or adult. (4) The following persons are entitled to attend at the hearing but need not do so unless the Court orders the attendance: (a) the assessment applicant in relation to the person at risk; (b) the assessor of the person at risk; (c) any member of the family of the person at risk. (5) Unless the Court orders otherwise, the hearing must be in closed court. 40 Jurisdiction and procedure of Court (1) The Court has jurisdiction in all matters relating to an application and, in particular, may do any of the following: (a) hear and, subject to subsection (4), decide the application as it sees fit; (b) adjourn the application; (c) make the order to which the application relates, with or without conditions; (d) refuse to make the order to which the application relates; (e) make any other order or give any direction relevant to the application as the Court considers appropriate, including that it be provided with further assessment reports or any other reports, opinions or information about the person at risk. (2) Subject to this Division and any direction of the Chief Justice, the Court may regulate its own procedure in relation to an application.

Part 3 Treatment orders for persons at risk of severe harm Division 3 Matters relating to treatment orders Volatile Substance Abuse Prevention Act 2005 22 (3) The Court is not bound by the rules of the Court or rules of evidence but may inform itself in the manner it considers appropriate. (4) In deciding an application, the primary consideration of the Court must be the protection from severe harm of the person at risk. 41 Treatment order (1) A treatment order is an order made by the Court that the person at risk specified in the order must participate in a treatment program. (2) A treatment order must specify the following: (a) the person at risk must participate in each component of the treatment program as specified in the order; (b) if applicable – the facility or place at which a particular component of the treatment program will be provided; (c) the date on which the order will come into force; (d) the period, not exceeding 16 weeks, for which the order will be in force; (e) any other matter the Court considers appropriate. (3) On application under section 37(1), the Court may extend a treatment order for a period not exceeding 16 weeks. 41A Application for treatment warrant (1) This section applies if a person at risk specified in a treatment order fails to participate in any component of a treatment program as specified in the order. (2) Any one of the following persons may apply, in the prescribed form, to a Local Court Judge for a treatment warrant in relation to the person at risk: (a) an assessor; (b) an authorised officer; (c) the Chief Health Officer; (d) a legal practitioner representing a person mentioned in paragraphs (a) to (c).

Part 3 Treatment orders for persons at risk of severe harm Division 3 Matters relating to treatment orders Volatile Substance Abuse Prevention Act 2005 23 (3) The application may be made: (a) in person; or (b) if it is impracticable to apply in person – by telephone in accordance with the procedure prescribed by regulation. 41B Issuing treatment warrant (1) A Local Court Judge to whom an application under section 41A(2) is made may issue a treatment warrant in relation to a person at risk if satisfied: (a) a treatment order in relation to the person is in force; and (b) the person has failed to participate in any component of the treatment program as specified in the treatment order. (2) A treatment warrant is a document, in the prescribed form, that authorises an authorised officer: (a) to enter, at any reasonable time, a place where the officer reasonably believes the person specified in the warrant may be found; and (b) to search the place in order to find the person; and (c) to remain at the place for as long as the officer considers reasonably necessary to find the person; and (d) if the person is found – to apprehend the person and take the person to the place specified in the warrant to participate in the component of the treatment program as specified in the warrant. (3) If a Local Court Judge issues a treatment warrant on application made by telephone, the procedure prescribed by regulation applies. (4) A treatment warrant remains in force for the lesser of the following periods: (a) 30 days after the day on which it is issued; (b) until the relevant treatment order ceases to be in force. 41C Executing treatment warrant (1) In executing a treatment warrant, an authorised officer: (a) may use reasonable force and, if necessary, reasonable assistance; and

Part 4 Community management of possession, supply and use of volatile substances Division 1 Preliminary matters Volatile Substance Abuse Prevention Act 2005 24 (b) must produce the warrant (or a copy of the warrant) to a person at the place where the warrant is executed. (2) A person assisting the authorised officer to execute a treatment warrant may also use reasonable force in doing so. Part 4 Community management of possession, supply and use of volatile substances Division 1 Preliminary matters 42 Interpretation (1) In this Part: application means an application for a declaration of a management area made under section 44. area does not include an area described in a declaration under section 43. community council means: (a) a council for a Territory region or a shire under the Local Government Act 2019; or (b) an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth). council area means the area under the control and management of a community council. resident, of an area in respect of which an application is made, means a person who: (a) is 18 or more years of age; and (b) resides in the area or has a right or interest in land within the area. right or interest in land includes the entitlement by Aboriginal tradition, within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth, to use or occupy land.

Part 4 Community management of possession, supply and use of volatile substances Division 2 Management areas Volatile Substance Abuse Prevention Act 2005 25 (2) A reference in this Part to an area of land described in an application or in a declaration made under section 47 is, if more than one area of land is described in the application or declaration, a reference to all the areas of land so described. 43 Declaration that area must not be management area The Minister may, by notice in the Gazette, declare that an area described in the notice must not be a management area. Division 2 Management areas 44 Application for declaration of management area (1) A minimum of 10 residents of an area may apply to the Minister for a declaration that the area is a management area. (2) A community council may apply to the Minister for a declaration that any of the following is a management area: (a) the whole of its council area; (b) part of its council area; (c) 2 or more non-contiguous parts of its council area. (3) The application must: (a) be in writing; and (b) if the application is made by residents of an area – be signed by each applicant; and (c) if the application is made by a community council – be signed by a person authorised by the council; and (d) include a description of the area of land to which the application relates in sufficient detail to enable the Minister to identify the location of the proposed management area. 45 Meeting about proposed management area (1) After receiving an application the Minister must, in the manner the Minister considers appropriate: (a) inform the residents of the area of land described in the application, and other interested persons, of the receipt of the application; and

Part 4 Community management of possession, supply and use of volatile substances Division 2 Management areas Volatile Substance Abuse Prevention Act 2005 26 (b) fix a date, time and place for a meeting with the residents and other interested persons and advise them of those details. (2) At the meeting, the Minister must: (a) explain to the persons present the effect of declaring a management area; and (b) endeavour to ascertain the needs and opinions of the residents and other interested persons about the proposal to declare a management area. (3) For this section, other interested persons are persons the Minister considers are likely to be affected by and interested in the application and may include persons residing in the vicinity of the area of land described in the application. 46 Application may be varied or withdrawn The applicants for the declaration of a management area may, by notice in writing to the Minister: (a) after the Minister's meeting with residents and other interested persons – vary the application by altering the area of land described in the application, but not so as to increase the size of the proposed management area; or (b) at any time before the Minister declares an area of land to be a management area – withdraw the application. 47 Decision to declare or refuse to declare management area (1) In deciding whether to declare an area of land to be a management area, the Minister: (a) must consider the needs and opinions of residents in the area and of other interested persons referred to in section 45(3); and (b) may conduct any investigations the Minister considers relevant to the application; and (c) if the application relates to an area of land within, or in the vicinity of, a council area – must consult with the relevant community council to ascertain its views about the proposed declaration and any other matters relating to the possession, supply and use of volatile substances within that area.

Part 4 Community management of possession, supply and use of volatile substances Division 2 Management areas Volatile Substance Abuse Prevention Act 2005 27 (2) The Minister may then: (a) declare an area of land described in the application to be a management area; or (b) refuse to make such a declaration. (3) A declaration of a management area may be made in respect of: (a) the area of land described in the application; or (b) an area of land equal to, greater than or less than the area of land described in the application and including a substantial part of the area of land described in the application. (4) The declaration does not take effect until the date specified in the notice of the declaration published in the Gazette. 48 Publication of notice of declaration (1) Not later than 14 days after making a declaration of a management area, the Minister must cause notice of the declaration to be published: (a) in the Gazette; and (b) in a newspaper or other publication circulating throughout the management area or in any other manner the Minister considers suitable to publicise the making of the declaration throughout the management area. (2) The notice of the declaration must: (a) include a description of the management area in sufficient detail to identify the location of the area; and (b) include a statement that the management area is declared to enable a plan to be made for the management of the possession, supply and use of volatile substances in the area; and (c) specify the date the declaration takes effect.

Part 4 Community management of possession, supply and use of volatile substances Division 3 Management plans Volatile Substance Abuse Prevention Act 2005 28 Division 3 Management plans 49 Management plan for each management area (1) Each management area must have a written plan for the management of the possession, supply and use of volatile substances in the area. (2) The management plan must specify the following: (a) the management area to which the plan relates; (b) practices and procedures relating to the management of the possession, supply and use of volatile substances. (3) The Regulations may provide for the following: (a) the content and form of management plans; (b) the manner in which management plans must be prepared; (c) the publication of management plans. 50 Preparation and approval of management plan (1) The applicants for the declaration of a management area must prepare the management plan for that area in consultation with the Minister, Commissioner of Police and Chief Executive Officer. (2) After the applicants have finished preparing the management plan, they must give it to the Minister for written approval. (3) The Minister must not approve the management plan unless satisfied: (a) it appropriately provides for the matters to be specified under section 49(2)(b); and (b) it complies with this Division and the Regulations; and (c) if the plan will apply in a management area entirely or partly within a council area – it is supported by the relevant community council. (4) In addition, the Minister must not approve the management plan unless the Minister has held a meeting with residents of the management area in order to: (a) explain to them the effect of the management plan; and

Part 5 Offences and confidentiality Division 1 Offences Volatile Substance Abuse Prevention Act 2005 29 (b) ascertain their opinions about the management plan. (5) The Minister must give notice in the Gazette of the approval of a management plan and specify in the notice: (a) the date on which the plan comes into force; and (b) the place at which copies of the plan may be inspected or obtained during normal business hours. 51 Amendment or replacement of management plan (1) A minimum of 10 residents of a management area, or a community council for a council area within which there is a management area or part of a management area, may: (a) prepare an amendment to the management plan for the management area; or (b) prepare a new management plan to replace the management plan for the management area. (2) Section 50 applies (with the necessary changes) in relation to an amendment to or replacement of a management plan but, if the Minister considers that an amendment is of a minor nature, the Minister need not hold the meeting referred to in section 50(4). Part 5 Offences and confidentiality Division 1 Offences 52 Unlawful supply of volatile substances A person (the first person) must not supply a volatile substance to a second person if the first person knows or ought to know the second person intends: (a) to inhale the volatile substance; or (b) to supply the volatile substance to a third person for inhalation by the third person or any other person. Maximum penalty: 200 penalty units or imprisonment for 2 years.

Part 5 Offences and confidentiality Division 2 Confidentiality Volatile Substance Abuse Prevention Act 2005 30 53 Contravention of management plan A person must not contravene a management plan. Maximum penalty: 100 penalty units or imprisonment for 6 months. Division 2 Confidentiality 54 Definitions In this Division: informer means a person who supplies information to a police officer in respect of the commission of an offence. offence means an offence against section 52 or 53. 55 Informer's identity confidential (1) Subject to this Division, an informer's identity must be kept confidential at all times. (2) A person who discloses the name of an informer, or any other particular that may be likely to lead to the informer's identification, is guilty of an offence. Maximum penalty: 200 penalty units or imprisonment for 2 years. (3) A person is not criminally responsible for an offence against subsection (2) if it is proved the disclosure was made in good faith for the protection of the interests of the informer or for the public good. 56 Protection in proceedings of informer's identity etc. (1) This section applies to the following persons appearing in proceedings in respect of an offence: (a) the prosecutor; (b) a person who appears as a witness for the prosecution; (c) a police officer who appears as a witness for the defence.

Part 5 Offences and confidentiality Division 2 Confidentiality Volatile Substance Abuse Prevention Act 2005 31 (2) The person must not be asked, and if asked must not be compelled, to disclose: (a) the name of an informer or other particular that may be likely to lead to the informer's identification; or (b) the fact that, in respect of the offence, the informer, the prosecutor or a police officer who appears as a witness for the prosecution received information from an informer or gave information to an informer; or (c) the nature of any such information. 57 Protection in proceedings of report by or to police officer In proceedings in respect of an offence, a police officer appearing as a prosecutor or witness must not be compelled: (a) to produce a report or document made or received in his or her official capacity or containing confidential information in relation to the offence; or (b) to make a statement in relation to such a report or document or such information. 58 When information may be disclosed Sections 56 and 57 do not apply to the extent the defendant satisfies the court it is in the interest of justice, in the particular circumstances, that the disclosure, production or statement be made. 59 Court may prohibit publication of proceedings (1) In proceedings in respect of an offence, the court may make an order prohibiting the publication of the whole or any part of the proceedings and the name and address of any witness appearing in the proceedings (prohibition order). (2) A prohibition order remains in force for the time specified in the order. (3) An application for a prohibition order may be made in the presence of the persons the court thinks fit. (4) At the hearing of an application for a prohibition order, the court may receive and act on information as the court thinks fit.

Part 6 Administration Division 1 Administration for Part 2 Volatile Substance Abuse Prevention Act 2005 32 (5) When considering an application for a prohibition order, the court must have regard to: (a) the safety of any person; and (b) the extent to which the detection of offences of a similar nature may be affected; and (c) the need to guarantee the confidentiality of information given by an informer. (6) A person must not contravene a prohibition order. Maximum penalty: 200 penalty units or imprisonment for 2 years. Part 6 Administration Division 1 Administration for Part 2 60 Authorised person (1) The Minister may, by written notice, appoint a person to be an authorised person who may exercise powers under Part 2. (2) The notice must specify the following: (a) whether the authorised person may exercise powers under: (i) Part 2, Division 2; or (ii) Part 2, Division 3; or (iii) Part 2, Divisions 2 and 3; (b) the area in which the authorised person may exercise those powers, which may be the whole of the Territory or a part of the Territory; (c) any conditions to which the appointment is subject. 61 Identity card for authorised person (1) The Minister must issue to each authorised person an identity card containing: (a) a photograph and the signature of the authorised person; and (b) a statement of the powers the person is authorised to exercise; and

Part 6 Administration Division 2 Administration for Part 3 Volatile Substance Abuse Prevention Act 2005 33 (c) any other information prescribed by the Regulations. (2) As soon as reasonably practicable after a person ceases to be an authorised person, the person must return the identity card to the Minister. Maximum penalty: 20 penalty units. (3) An offence against subsection (2) is a regulatory offence. 62 Guidelines for exercise of powers by authorised person (1) The Minister may issue guidelines in relation to the exercise by authorised persons of powers under Part 2. (2) The guidelines may specify the qualifications required by persons before being appointed as authorised persons and the standards authorised persons are expected to meet when exercising their powers. (3) The guidelines may refer to or incorporate (wholly or partially and with or without modification) a standard, code or other document as in force at the time the guideline is issued or as in force from time to time. (4) The Minister must give notice in the Gazette of the issuing of guidelines and specify in the notice the place at which copies of the guidelines that are in force, and all documents referred to or incorporated in those guidelines, may be inspected or obtained during normal business hours. (5) The Minister must ensure all guidelines that are in force, and all documents referred to or incorporated in those guidelines, are provided free of charge to authorised persons. 63 Declaration of place of safety The Minister may, by notice in the Gazette, declare a place or premises or class of places or premises to be a place of safety to which a person apprehended under Part 2, Division 3 may be taken. Division 2 Administration for Part 3 64 Approval of form of request and information The Minister may approve a form of assessment application and the information required to be included in that form.

Part 6 Administration Division 3 General administration Volatile Substance Abuse Prevention Act 2005 34 65 Approval of employees who may make requests The Minister may in writing approve employees, or a class of employees, who may make assessment applications. 66 Authorised officer (1) The Minister may in writing appoint a person to be an authorised officer who may exercise the powers of an authorised officer under Part 3. (2) The Minister must issue to each authorised officer an identity card containing: (a) a photograph and the signature of the officer; and (b) a statement of the powers the officer is authorised to exercise; and (c) any other information prescribed by the Regulations. (3) As soon as reasonably practicable after a person ceases to be an authorised officer, the person must return the identity card to the Minister. Maximum penalty: 20 penalty units. (4) An offence against subsection (3) is a regulatory offence. Division 3 General administration 67 Delegations (1) The Minister may, in writing, delegate to an employee any of the Minister's powers or functions under this Act. (2) Each of the following persons may, in writing, delegate to an employee any of the person's powers or functions under this Act: (a) the Chief Executive Officer; (b) the Chief Health Officer. (3) The Commissioner of Police may, in writing, delegate to a police officer or an employee any of the Commissioner's powers or functions under this Act.

Part 7 Miscellaneous Volatile Substance Abuse Prevention Act 2005 35 68 Protection from liability (1) This section applies to a person who is or has been one of the following: (a) an employee; (b) an authorised officer; (c) a person assisting an authorised officer to execute a treatment warrant; (d) an authorised person; (e) an assessor. (2) The person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, under this Act. (3) Subsection (2) does not affect any liability the Territory would, apart from that subsection, have for the act or omission. Part 7 Miscellaneous 69 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The Regulations may provide for the handling, transportation, storage and disposal or destruction of volatile substances and inhalants. (3) The Regulations may: (a) be of general or limited application; and (b) differ according to differences in time, place or circumstance; and (c) confer powers or discretions or impose duties on any person; and

Part 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009 Volatile Substance Abuse Prevention Act 2005 36 (d) provide that a matter in respect of which regulations may be made may be determined, regulated or prohibited according to a management plan. 70 Regulations may incorporate other instruments (1) The Regulations may apply, adopt or incorporate (either wholly or in part or with or without modification) an instrument, as in force at a particular time or as in force from time to time, prescribed or published by any authority or body. (2) An instrument applied, adopted or incorporated under this section may require anything referred to in that instrument to be in accordance with another instrument to which that instrument refers. (3) In this section: instrument means a standard, code, specification, protocol, method or other document. Part 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009 71 Definitions In this Part: commencement day means the day on which this section commences. repealed, in relation to a provision mentioned in this Part, means the provision of this Act as in force immediately before the commencement day. substituted, in relation to a provision mentioned in this Part, means the provision substituted by the Volatile Substance Abuse Prevention Amendment Act 2009. 72 Request for treatment order undecided by Minister (1) This section applies if: (a) the Minister received a request under repealed section 33 to apply for a treatment order in relation to a person believed to be at risk of severe harm (the relevant person); and

Part 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009 Volatile Substance Abuse Prevention Act 2005 37 (b) before the commencement day, the Minister had not made a decision under repealed section 34 about whether or not to apply for a treatment order in relation to the relevant person. (2) Repealed Part 3 continues to apply in relation to the following matters that are applicable: (a) an assessment of the relevant person; (b) an application for and the issuing of a warrant to take the relevant person for an assessment; (c) the decision about whether or not to apply for a treatment order in relation to the relevant person; (d) the making and hearing of an application for a treatment order in relation to the relevant person, the exercise of the Court's jurisdiction in relation to the application, and the making of a treatment order. (3) However, if a treatment order is made in relation to the relevant person: (a) the Chief Health Officer may: (i) apply under substituted section 36(1) for a further treatment order in relation to the relevant person after the procedures under substituted Part 3, Division 2, have been followed; or (ii) apply under substituted section 37(1) for an order in connection with the treatment order as if the treatment order had been made under substituted Part 3, Division 3; and (b) the relevant provisions of substituted Part 3, Division 3, apply in relation to the application and the further treatment order or other order mentioned in paragraph (a). 73 Court applications undecided under repealed provisions (1) If the Minister made an application under repealed section 36(1) and the application was not determined before the commencement day, repealed Part 3, Division 3, continues to apply in relation to the application.

Part 8 Transitional matters for Volatile Substance Abuse Prevention Amendment Act 2009 Volatile Substance Abuse Prevention Act 2005 38 (2) However, if the Court makes a treatment order under repealed Part 3, Division 3, for a person at risk: (a) the Chief Health Officer may: (i) apply under substituted section 36(1) for a further treatment order in relation to the person at risk after the procedures under substituted Part 3, Division 2, have been followed; or (ii) apply under substituted section 37(1) for an order in connection with the treatment order as if the treatment order had been made under substituted Part 3, Division 3; and (b) the relevant provisions of substituted Part 3, Division 3, apply in relation to the application and the further treatment order or other order mentioned in paragraph (a).

ENDNOTES Volatile Substance Abuse Prevention Act 2005 39 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Volatile Substance Abuse Prevention Act 2005 (Act No. 22, 2005) Assent date 6 May 2005 Commenced 9 February 2006 (Gaz S2, 9 February 2006) Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Volatile Substance Abuse Prevention Amendment Act 2009 (Act No. 37, 2009) Assent date 15 December 2009 Commenced 22 February 2010 (Gaz G7, 17 February 2010, p 2) Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (s 2) Health Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17, 2012) Assent date 22 May 2012 Commenced 1 July 2012 (s 2) Alcohol Mandatory Treatment Act 2013 (Act No. 17, 2013) Assent date 28 June 2013 Commenced 1 July 2013 (s 2) Local Government Amendment Act 2013 (Act No. 28, 2013) Assent date 8 November 2013 Commenced 8 November 2013 Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014

ENDNOTES Volatile Substance Abuse Prevention Act 2005 40 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Guardianship of Adults Act 2016 (Act No. 15, 2016) Assent date 7 June 2016 Commenced 28 July 2016 (Gaz S74, 27 July 2016, p 1) Alcohol Harm Reduction Act 2017 (Act No. 16, 2017) Assent date 30 August 2017 Commenced 1 September 2017 Health Practitioner Regulation (National Uniform Legislation) and Other Legislation Amendment Act 2018 (Act No. 28, 2018) Assent date 30 November 2018 Commenced 1 December 2018 (s 2) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 32 and 42. 4 LIST OF AMENDMENTS pt 1 hdg amd No. 37, 2009, s 10 s 4 amd No. 37, 2009, s 4; No. 18, 2010, s 85; No. 17, 2012, s 55; No. 38, 2014, s 2; No. 28, 2018, s 25 s 8 amd No. 37, 2009, s 10 s 17 amd No. 37, 2009, s 10 s 20 amd No. 37, 2009, s 10 s 23 amd No. 37, 2009, s 10 s 29 amd No. 8, 2016, s 45 pt 3 div 1 hdg amd No. 37, 2009, s 10 s 31 sub No. 37, 2009, s 5 s 31A ins No. 37, 2009, s 5 s 32 amd No. 38, 2014, s 2; No. 15, 2016, s 117

ENDNOTES Volatile Substance Abuse Prevention Act 2005 41 pt 3 div 2 hdg sub No. 37, 2009, s 6 ss 33 – 35 sub No. 37, 2009, s 6 pt 3 div 3 hdg sub No. 37, 2009, s 6 ss 36 – 37 sub No. 37, 2009, s 6 amd No. 8, 2016, s 45 ss 38 – 39 sub No. 37, 2009, s 6 s 40 sub No. 37, 2009, s 6 amd No. 8, 2016, s 45 s 41 sub No. 37, 2009, s 6 ss 41A – 41B ins No. 37, 2009, s 6 amd No. 8, 2016, s 45 s 41C ins No. 37, 2009, s 6 s 41D ins No. 17, 2013, s 180 rep No. 16, 2017, s 59 pt 4 div 1 hdg amd No. 37, 2009, s 10 s 42 amd No. 28, 2008, s 3; No. 28, 2013, s 61; No. 38, 2014, s 2; No. 39, 2019, s 370 s 44 amd No. 37, 2009, s 10 ss 47 – 48 amd No. 37, 2009, s 10 s 50 amd No. 37, 2009, s 10 ss 52 – 53 amd No. 37, 2009, s 10 s 55 amd No. 37, 2009, s 10; No. 8, 2016, s 45 s 56 amd No. 37, 2009, s 10 s 59 amd No. 37, 2009, s 10; No. 8, 2016, s 45 ss 60 – 61 amd No. 37, 2009, s 10 ss 64 – 66 amd No. 37, 2009, s 10 s 67 amd No. 37, 2009, s 7 s 68 amd No. 37, 2009, s 8 s 69 amd No. 37, 2009, s 10 pt 8 hdg ins No. 37, 2009, s 9 ss 71 – 73 ins No. 37, 2009, s 9

1 Volatile Substance Abuse Prevention Act 2005

The Act pivots on a small set of defined legal concepts that determine who may be acted upon and in what way. The definitions in s 4 are the primary legal map.

Volatile substance. The statutory definition (s 4, last definition) lists categories such as adhesives, solvents, petrol, paint thinners, propellants and anaesthetic gases, and enables the Minister to add further substances by Gazette notice (s 5). The term is the trigger for seizure powers, management plans and supply offences.
Abuse. Defined as the misuse of a volatile substance by deliberately inhaling it to become intoxicated (s 4). The Act is focussed on that deliberate inhalation as the harmful conduct it seeks to prevent.
Inhalant and possession. An inhalant is an item used to inhale a volatile substance, and possession includes having control of the volatile substance or inhalant (s 4). Possession is the factual predicate for search and seizure powers in Part 2 (s 13).
Apprehension and place of safety. Apprehension is the detention carried out solely to take a person to a place of safety or a responsible adult, and is expressly not an arrest (s 17). A place of safety is a place declared under s 63 by Gazette notice. Responsible adult is defined in context (s 16, s 4).
Treatment program and treatment order. A treatment program is specified at s 31A and may include withdrawal treatment, stabilisation, rehabilitation, therapeutic interventions or diversionary measures. A treatment order (s 41) is a Court order that requires the person at risk to participate in specified components of a treatment program, for a period not exceeding 16 weeks (s 41(2)(d)).
Assessors and authorised officers. Assessors are appointed by the Chief Health Officer and must be health practitioners or hold approved qualifications, and are required to follow assessment guidelines (s 31). Authorised officers under Part 3 (s 66) and authorised persons under Part 2 (s 60) are Ministerial appointments with powers limited to the scope set out in their appointment notice, including area and divisional limits (s 60(2)).
Management area and management plan. A management area is land declared by the Minister (Part 4, ss 42, 47). Management plans must be prepared by applicants (minimum 10 residents or a community council) in consultation with the Minister, Commissioner of Police and Chief Executive Officer, and must specify practices and procedures for managing possession, supply and use of volatile substances in the area (s 49-50). Approval requires Ministerial satisfaction on specific matters and a public meeting with residents (s 50).
Confidentiality and informer protections. The Act defines informer and offence, and creates strict confidentiality rules for informers’ identities (ss 54-56), with limited disclosure where the court finds it is necessary in the interests of justice (s 58). The court can prohibit publication of proceedings (s 59).

Key thresholds and limits include the requirement of reasonable grounds to exercise search or apprehension powers (s 13(1), s 19(1)), limits on searches that would involve removal of clothes or examination of body cavities (s 13(5)), and strict procedural safeguards such as requirement to inform the person of identity and purpose (ss 14, 20).

The Act also sets procedural constraints on detentions: apprehended persons are not to be charged or questioned in relation to offences while apprehended (s 17(3)), and protective custody time limits are controlled by responsible officer assessments, senior officer notifications after six hours and a maximum continued custody window of 10 hours following notification (s 28).

Finally, the Act operates alongside and in addition to other laws, explicitly stating its powers do not derogate from other police powers or other Acts (s 7; s 32). The Guardianship of Adults Act 2016 is cited as an example (s 32, example).

The Act allocates roles and creates constraints for a discrete set of stakeholders. Explicit statutory actors and affected persons include the following, with the sections identifying their powers or exposure.

People who inhale volatile substances and those in possession of volatile substances or inhalants. They are the primary subject of the Act’s preventive, protective and treatment mechanisms. They may be searched or apprehended on reasonable grounds that they are inhaling or will inhale (ss 13, 19), taken to a place of safety or responsible adult (s 21), held in protective custody under specified limits (ss 26-29), referred for assessment and potentially subject to Court‑ordered treatment (Part 3, ss 33-41).
Children. The Act treats children (persons under 18) as a priority category. The welfare of a child who may be affected by powers under Division 3 is of paramount consideration (s 18(2)). Children must not be held in police station cells except under regulatory conditions (s 24). If a child is released to someone other than a parent or guardian, police must, if practicable, notify a parent or guardian (s 21(2), s 30). Responsible adult consultation provisions apply specifically to assessment processes for children (ss 31(4)(b), 33(1)(e)).
Police officers. The Act grants police statutory powers to search, seize, apprehend and detain for protective purposes under Part 2, and to exercise functions related to management areas and consultation under Parts 4 and 6 (ss 7-15; ss 44-50; ss 60-67). Police must follow procedural steps like identifying rank and station and showing identification where required (ss 14, 20).
Minister and Ministerial appointees. The Minister has powers to declare substances (s 5), appoint authorised persons (s 60), issue guidelines (s 62), declare places of safety (s 63), approve forms and employees for assessment processes (ss 64-65), and to declare and approve management areas and plans (ss 43-51). The Minister also publishes notices in the Gazette for declarations and approvals (ss 5, 48, 50(5), 62(4)).
Authorised persons and authorised officers. Under Part 2, the Minister appoints authorised persons who may exercise specific powers in designated areas, and the people so appointed must carry identity cards and observe any appointment conditions (ss 60-61). Authorised officers under Part 3 may execute treatment warrants and exercise powers to apprehend persons under Court warrants (s 66; ss 41A-41C).
Chief Health Officer and assessors. The Chief Health Officer appoints assessors and receives assessment reports (ss 31, 34). The Chief Health Officer decides whether to apply for a treatment order after considering assessment reports (s 35), and may delegate the power to apply (s 36). Assessors must follow Chief Health Officer‑issued assessment guidelines (s 31(3)-(4)).
Health practitioners and nurses. They are both potential assessors (s 31(2)(a)) and are involved in examinations required during continued protective custody (s 28(2)(d)). The Act references registration under the Health Practitioner Regulation National Law for qualified practitioners (s 4 definitions).
Local Court and Local Court Judge. The Court is the decision maker for treatment order applications, with procedural discretion and primary consideration for protection of the person at risk (ss 39-41). Local Court Judges issue treatment warrants on prescribed grounds (s 41B).
Community councils and residents. Management area applications and management plan preparation are driven by residents (minimum 10) or community councils (s 44). The Minister must consult residents and community councils and obtain support requirements for plans that apply in council areas (ss 45, 47, 50(3)(c)). Contravention of management plans is an offence attracting penalties (s 53).
Suppliers and retailers of volatile products. Section 52 creates a criminal offence for supplying a volatile substance where the supplier knows or ought to know the recipient intends to inhale it or intends to supply it for inhalation, exposing sellers to criminal liability if sales are made to persons with obvious intent.
Informers and witnesses. The Act protects the identity of informers and contains constraints on disclosure (ss 54-59). It also limits compulsion of police witnesses to disclose confidential reports and information in proceedings (s 57).

Who pays and who decides. The Act assigns operational roles to government actors rather than direct private funding obligations. The Minister, Commissioner of Police, Chief Executive Officer and Chief Health Officer are given decision‑making powers (for declarations, appointments, approvals and treatment applications) that create administrative duties which public agencies will perform; the Act does not specify funding sources. The Act makes private parties potentially liable for criminal penalties (suppliers, persons contravening management plans), and creates compliance obligations for community applicants preparing management plans, assessors and authorised persons. Implementation costs, including policing, health practitioner examinations, custody arrangements and preparation of management plans, fall to the public agencies that carry out the statutory duties, as implied by the allocation of functions to statutory offices (Parts 2, 3, 4, 6).

The Act distributes operational duties to Ministers, police, health officials, assessors, authorised persons and applicants, while preserving certain rights for people apprehended or coming before the Court. Below are the principal statutory duties and the corresponding rights.

Principal duties assigned by the Act

Police and authorised persons: If they have reasonable grounds to believe a person is inhaling or will inhale a volatile substance and is in scope under s 8, they may search, seize and apprehend (ss 13, 19). Before searches or apprehensions they must follow identification and information procedures unless it is impracticable because of intoxication (ss 14, 20). They must keep records of actions taken under Part 2 as required by the Regulations (s 12). If an item is seized it must be taken to a police station or disposed of if removal would create a risk or is impracticable (s 15).
Responsible officers and senior officers: Responsible officers at police stations are charged with the care of apprehended persons in protective custody and must ensure release when the person no longer poses a risk (ss 23, 26-27). After six hours of custody, the responsible officer must notify a senior officer if the person remains a risk, and the senior officer may instruct continued custody for up to 10 hours after the person was taken into custody while ensuring a health practitioner examines the person (s 28).
Chief Health Officer and assessors: Assessors, appointed by the Chief Health Officer, must assess persons reasonably believed to be at risk and prepare assessment reports in accordance with assessment guidelines issued by the Chief Health Officer (ss 31, 34). The Chief Health Officer must, as soon as practicable after receiving an assessment report, decide whether to apply for a treatment order, applying the statutory criteria (s 35).
Minister: The Minister must administer appointments of authorised persons (s 60), issue identity cards (s 61), issue guidelines for authorised persons (s 62), declare places of safety (s 63), approve forms and employees for assessment applications (ss 64-65), and decide on the declaration and approval of management areas and plans, following public consultation and necessary statutory checks (ss 45, 47-50). The Minister also adopts regulatory powers under s 69.
Applicants and community councils: The applicants for a management area must prepare the management plan in consultation with the Minister, Commissioner of Police and Chief Executive Officer, and must obtain Ministerial approval and publish notices as required (s 50). Residents and community councils carrying out applications must follow the form and content requirements set out in the Regulations (ss 44, 49-50).

Notable statutory rights and procedural protections

Not an arrest, no charging, no questioning: Apprehended persons are expressly not under arrest, must not be charged with an offence while apprehended, must not be questioned about offences, and must not be photographed or fingerprinted, except where Part 2 Division 3 procedures specify otherwise (s 17). This sets limits on how police may treat apprehended persons.
Requirement for identification and information: Police and authorised persons must identify themselves and inform the person of the nature of the action, including the fact the person is not under arrest and is being apprehended for health and safety reasons (ss 14, 20). Communication must be given in a way likely to be understood and, if possible, in a language the person understands (s 11).
Procedural safeguards for children: The welfare of children is of paramount consideration (s 18(2)), children are protected from being kept in cells except as regulated (s 24), and parents or guardians are to be informed where practicable when children are released or taken to custody (ss 21(2), 30).
Right to see assessment outcomes and hearing notices: Where an application for a treatment order is made, the applicant must, as soon as practicable, give notice and the assessment report to the person at risk or their responsible adult as applicable (s 38(1), (4)). The Court hearing is, unless ordered otherwise, in closed court (s 39(5)), and the Court’s primary consideration is the protection of the person from severe harm (s 40(4)).
Protections for informers and confidentiality: The Act makes the identity of an informer confidential and creates offences for unauthorised disclosure, while providing judicial mechanisms to balance non‑disclosure with interests of justice (ss 55-58). The Court may make prohibition orders to protect safety and confidentiality (s 59).
Limits on search invasiveness: Searches under s 13 do not authorise removal of clothes or examination of body cavities (s 13(5)). This is a statutory limit on the physical intrusiveness of searches.

Compliance obligations

Records and registers: The Act requires records to be kept of actions under Divisions 2 and 3 (s 12) and a custody log with detailed notifications after six hours of protective custody (s 28(2)(c)). Money and valuables removed from an apprehended person must be recorded and returned on signature (s 25(2)).
Forms and approvals: Assessment applications must be in approved form and accompanied by supporting documents (s 33(3)). Forms and employees authorised to make requests are approved by the Minister (ss 64-65).

Taken together, the Act imposes identifiable duties on police, health officials and community actors while preserving procedural protections for persons apprehended or subject to treatment orders. Rights are procedural rather than broad civil liberties guarantees, and many operational details are left to Regulations and Ministerial or Chief Health Officer instruments.

The Act creates a small set of criminal offences with specified maximum penalties and provides administrative enforcement mechanisms primarily through police, Courts and Ministerial action.

Primary criminal offences and statutory penalties

Unlawful supply of volatile substances (s 52). It is an offence for a person to supply a volatile substance to another if the supplier knows or ought to know the recipient intends to inhale the substance, or intends to supply it to a third person for inhalation. Maximum penalty: 200 penalty units or imprisonment for 2 years. The mens rea includes an objective "ought to know" standard, drawing sellers into a due diligence assessment.
Contravention of a management plan (s 53). Breach of a management plan applicable to a declared management area is an offence. Maximum penalty: 100 penalty units or imprisonment for 6 months. Management plans are statutory instruments approved by the Minister following preparation and consultation requirements (ss 49-50).
Disclosure of an informer’s identity (s 55(2)). A person who discloses the name of an informer, or particulars likely to identify the informer, commits an offence. Maximum penalty: 200 penalty units or imprisonment for 2 years. There is a statutory good‑faith exception where disclosure was for the protection of the informer or the public good (s 55(3)).
Contravention of a prohibition order (s 59(6)). A person must not contravene a Court order prohibiting publication; maximum penalty aligns with that stated in s 55(2) (s 59(6)).

Regulatory and administrative enforcement mechanisms

Police and authorised persons exercise operational enforcement in the field via search, seizure and apprehension powers under Part 2 (ss 13, 15, 19-22). Those powers are available without warrant (s 9) but are limited by procedural requirements (ss 14, 20) and area limits for authorised persons (s 8(2), s 60(2)).
Seizure and disposal. Seized volatile substances and inhalants must be transported to a police station for disposal or destruction as soon as practicable, unless removal is impracticable or poses a health and safety risk, in which case police may dispose of or destroy the items on site (s 15).
Protective orders and custody. Police have duties to take apprehended persons to a place of safety or a responsible adult, and may detain in protective custody for limited periods (ss 21-28). Continued custody beyond six hours triggers senior officer notification and a requirement to arrange for a health practitioner examination (s 28(2)(d)).
Court enforcement of treatment orders. The Local Court may make treatment orders requiring participation in a treatment program (s 41). If a person fails to comply with components of a treatment order, specific actors may apply for a treatment warrant (s 41A(2)). A Local Court Judge may issue a treatment warrant authorising authorised officers to enter premises, search for and apprehend the person, and transport them to the place specified in the warrant to participate in treatment (s 41B(2)). Treatment warrants permit reasonable force and assistance in execution (s 41C(1)-(2)). A treatment warrant remains in force for up to 30 days or until the relevant treatment order ceases (s 41B(4)).
Confidentiality and courtroom protections. The Act provides statutory protections for informers and police reports, with judicial discretion to order disclosure where necessary in the interests of justice (ss 56-58). The Court can prohibit publication of proceedings, including witness names, to protect safety and confidentiality (s 59). Publication prohibition orders are enforced as criminal offences under s 59(6).

Prosecution and evidentiary context

The Act anticipates prosecution for supply offences and management plan breaches. It also sets evidentiary limits, for example by protecting police reports and informer identities from compelled production in proceedings unless the defendant satisfies the Court that disclosure is in the interests of justice (ss 56-58). These provisions shape prosecutorial strategy and defence disclosure applications, and permit courts to balance public interest against fairness.

Operational enforcement risks and limits

The Act places strict procedural and temporal limits on state powers, such as the prohibition on treating an apprehension as an arrest and the ban on charging or questioning an apprehended person while apprehended (s 17). Enforcement actors must keep logs and records as required by the Regulations (s 12), and must follow identification and notification procedures before conducting searches or apprehensions unless impracticable (ss 14, 20, s 13(3)-(4)).
The "knows or ought to know" standard in s 52 increases the evidentiary burden on prosecutors to prove either actual knowledge or objective foreseeability. Retailers and suppliers must consider what steps they can reasonably take to avoid the statutory "ought to know" threshold when selling volatile products.

Statutory immunity and liability

The Act shields employees, authorised officers, assessors and other specified actors from civil or criminal liability for acts done in good faith in the exercise of powers or performance of functions under the Act (s 68(2)). Subsection (3) clarifies that this immunity does not affect any liability the Territory itself would have had, which preserves potential State vicarious liability issues.

In summary, enforcement combines criminal penalties for supply and management plan breaches, administrative field powers for police and authorised persons, judicial mechanisms for Court‑ordered treatment and treatment warrants, and confidentiality protections that affect evidence and publication. Penalties are quantified in penalty units and fixed imprisonment terms as set out in the specified sections.

The Act is framed to operate in addition to, and not as a substitute for, other legal powers and frameworks in the Northern Territory. Several express cross‑references and structural choices indicate intended points of legal interaction and practical overlap.

Express non‑derogation clauses

Police powers under Part 2 are expressly stated to be "in addition to and not in derogation of any other power the police officer may have under any other Part of this Act or any other law in force in the Territory" (s 7). The statutory example expressly notes that where a person inhaling a volatile substance is also committing an offence under Part 5 or another Act, police may choose to charge the person rather than to take action under Part 2. This preserves existing criminal and policing powers while creating a specific preventive tool.
Similarly, Part 3 opens with a non‑derogation clause that the powers under that Part are in addition to other powers under Territory law, and cites the Guardianship of Adults Act 2016 as a law that may provide alternative powers in relation to a person at risk (s 32).

Court and judicial interaction

Treatment orders and treatment warrants sit within Local Court jurisdiction (Part 3, ss 39-41B). Section 40 grants the Court wide procedural discretion, permits the Court to regulate its own procedure subject to directions of the Chief Justice, and states the Court is not bound by rules of evidence. This design enables pragmatic interfacing with broader civil and criminal court practice, but the Local Court remains the decision maker for compulsory treatment under this Act.

Health regulation and practitioner registration

The Act refers to the Health Practitioner Regulation National Law for definitions of health practitioner and nurse, and requires assessors to be health practitioners or hold approved qualifications (s 4 definitions, s 31(2)). This ties Part 3 assessments and practitioner qualifications directly to the national registration regime.

Local government and land rights

Part 4 explicitly contemplates interaction with local government structures. Community councils for the purposes of the Part are defined to include councils under the Local Government Act 2019 and Aboriginal and Torres Strait Islander corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (s 42(1)). The Minister must consult the relevant community council where a proposed management area is in, or in the vicinity of, a council area (s 47(1)(c)). The Endnotes show subsequent amendments relating to the Local Government Act in 2008, 2013 and 2019, indicating legislative coordination over time.

Regulatory incorporation and standards

Section 69(1) grants broad regulatory power and s 70 authorises the Regulations to apply, adopt or incorporate standards, codes, protocols or other instruments, either wholly or with modification. This allows regulatory interaction with technical or safety instruments produced by other bodies, which can assimilate standards from broader administrative law or public health instruments into the Act’s operational regime.

Evidence, confidentiality and publication laws

The Act’s confidentiality provisions (ss 55-59) create protective rules for informers and police reports that will interact with general evidence and publication laws. Section 58 gives the court discretion to require disclosure where interest of justice demands it, creating a judicial balancing function that will intersect with established doctrines on disclosure, fair trial and public interest immunity.

Transitional provisions and repeal/amendments

Part 8 preserves elements of the repealed provisions and enables smooth transition of pending applications and decisions made under pre‑amendment law (ss 71-73). The Endnotes catalogue multiple amending Acts between 2008 and 2021 that altered definitions, procedural sections and cross‑references, indicating that the Act has been tuned to align with developments in other Territory legislation such as the Local Court, Guardianship of Adults Act and health practitioner uniform legislation.

Overlap with criminal and health frameworks

The Act creates offences for supply and contravention of management plans (ss 52-53) while also providing for non‑criminal, health‑oriented interventions through assessment and Court‑ordered treatment (Part 3). This makes the Act a hybrid instrument sitting at the intersection of criminal law, public health law and local governance instruments.

In short, the statute is designed to be used alongside existing criminal and health laws, with explicit preservations of other powers and multiple regulatory gateways for standards and local government consultation. The practical effect is that enforcement and implementation will involve cross‑agency coordination among police, health services, the Local Court and community governance structures, and the Act leaves several technical and procedural details to subordinate instruments.

The reprint includes an Endnotes section that records the Act’s passage and subsequent amendments up to the reprint date. The Act was enacted as the Volatile Substance Abuse Prevention Act 2005 (Assent 6 May 2005) and commenced on 9 February 2006 (Endnotes, List of Legislation). Significant amendments and related legislative changes are listed in chronological order in the Endnotes and the List of Amendments. Key points from that legislative history are:

Initial enactment. Volatile Substance Abuse Prevention Act 2005, Assent 6 May 2005, commenced 9 February 2006 (Endnotes, List of Legislation).
Local Government consequential and later amendments. The Local Government (Consequential Amendments) Act 2008 amended s 42 and other cross‑references, commencing 1 July 2008. Subsequent Local Government amendments appear in 2013 (Local Government Amendment Act 2013) and 2019 (Local Government Act 2019), with relevant commencements and amendments recorded in the Endnotes (List of Legislation).
Major substitution and expansions in 2009. The Volatile Substance Abuse Prevention Amendment Act 2009 (Act No. 37, 2009), assented 15 December 2009 and commenced 22 February 2010, substituted multiple sections and inserted Part 8 transitional provisions (Endnotes, List of Legislation; List of Amendments). This amendment restructured Part 3 and added treatment warrant powers (ss 41A-41C were inserted by No. 37, 2009, s 6).
Health practitioner and registration updates. The Health Practitioner (National Uniform Legislation) Implementation Acts of 2010 and 2012 affected s 4 definitions and cross‑references, with amendments occurring by No. 18, 2010 and No. 17, 2012 respectively (List of Amendments).
Alcohol and related public health legislation changes. The Alcohol Mandatory Treatment Act 2013 and the Alcohol Harm Reduction Act 2017 are listed in the Endnotes as later enactments with possible interactional relevance. The 2013 Act inserted then later repealed some provisions as indicated by List of Amendments entries (for example, s 41D was inserted by the 2013 Act and later repealed by the 2017 Act , see List of Amendments).
Local Court and guardianship amendments. The Local Court (Related Amendments) Act 2016 and the Guardianship of Adults Act 2016 made consequential and interface changes, with the Local Court Act adjustments noted as commencing 1 May 2016 and the Guardianship Act commencing 28 July 2016 (Endnotes list).
Miscellaneous and statute law revision. Statute Law Revision Acts and other omnibus amendments have made formal changes (Interpretation Legislation Amendment Act 2018 is noted in the developer instructions as having made formal amendments to ss 1, 4, 32 and 42; Endnotes list No. 38, 2014 and No. 28, 2018 among other amendments). Statute Law Revision Act 2020 made general amendments (Endnotes).
Recent amendments up to 2021. The Endnotes list amendments from 2020 and 2021, including the Statute Law Revision Act 2020 (assent 19 November 2020) and the Local Government Amendment Act 2021 (assent 25 May 2021). The reprint notes the Act is current as at 1 July 2021.

The List of Amendments in the Endnotes cross‑references each section that was amended and the amending Act and section number (for example, multiple sections were amended by No. 37, 2009, s 10; the insertion of ss 41A-41C is recorded under the Part 3 List of Amendments). The transitional Part 8 was inserted by the 2009 Amendment Act to preserve existing proceedings and to provide procedural continuity for assessment and treatment orders that were in process at the time of substitution (ss 71-73).

All amendments referenced are those recorded in the Act’s Endnotes and List of Legislation. The Act’s structure shows iterative tuning across public health, local government and court administration domains, reflecting changes to court arrangements, health practitioner registration frameworks and local government structures over the period 2008-2021.

The text provided contains no reported judicial decisions or statutory references to case law. The Act itself anticipates Court involvement (Local Court jurisdiction over treatment orders and warrants in Part 3, ss 39-41B), and contains procedural and evidentiary provisions that would be relevant to any litigation under the Act, but the reprint and Endnotes do not record any decided cases or judicial interpretations.

What the Act provides that will generate litigation or judicial discretion

Local Court discretion and non‑technical procedure. Section 40 gives the Local Court broad procedural power, allows the Court to make orders or give directions as it considers appropriate, and expressly permits the Court to depart from strict rules of evidence, stating it may "inform itself in the manner it considers appropriate". This design leaves space for judicial development of procedure and evidence standards in the context of treatment applications.
Confidentiality and disclosure disputes. Sections 55-58 create statutory privileges and restrictions around informers’ identities and police reports, but allow the Court to order disclosure where the defendant satisfies the Court that disclosure is in the interests of justice (s 58). Litigation under the Act will likely involve contested applications for disclosure and publication prohibition orders under s 59, inviting judicial balancing of safety, detection interests and fairness.
Treatment orders and criteria. Section 35 sets statutory criteria the Chief Health Officer must apply in deciding whether to seek a treatment order, including whether the person has been assessed as at risk of severe harm and whether a treatment program is recommended. Where the Chief Health Officer applies to the Court, the Court’s primary consideration is the protection from severe harm of the person at risk (s 40(4)). Disputes over whether criteria are met and over proportionality of compulsory treatment may engage judicial review or procedural challenges in Court.
Execution of treatment warrants. The treatment warrant regime (ss 41A-41C) authorises entry and reasonable force to apprehend non‑compliant persons. Challenges may arise about the legal threshold for issuing a warrant, the scope of "reasonable force", and compliance with notice and identity provisions when an authorised officer executes a warrant (cf ss 41B(2), 41C(1)).

Practical absence of recorded cases in the source

The reprinted Act and Endnotes do not cite any decided cases, appeals or administrative determinations applying the Act. Therefore, there is no case law provided in the material to demonstrate how courts have interpreted "severe harm", the standard of "reasonable grounds" for searches and apprehensions, the application of the "ought to know" standard in supply offences, or the balancing test for disclosure under s 58.

Implications for practitioners

In the absence of reported decisions within the source, practitioners should expect that much of the Act’s operation will be fashioned by on‑the‑ground practices, administrative guidance (for example, assessment guidelines under s 31(3) and Ministerial guidelines under s 62), and by judicial decisions as cases arise. Key areas likely to be litigated are procedural compliance for searches and apprehensions, the criteria for treatment orders, disclosure obligations in prosecutions under ss 52-53, and challenges to the validity or operation of management plans.

In short, the statute anticipates significant court involvement but the reprint provided contains no litigation history. Practitioners must therefore rely on statutory text, delegated guidelines and developing practice for operational interpretation until courts produce jurisprudence.

The Act contains a number of operational limits, procedural traps and interactional subtleties that practitioners and compliance officers should note. These points are drawn from the statutory text and identify areas where non‑compliance or misreading may cause practical or legal difficulty.

Scope and location limits on Part 2 powers

Location constraints. Search, seizure and apprehension powers in Part 2 apply only where the person is in a public place, trespassing on private property, or on private premises with the occupier’s or owner’s consent (s 8(1)). Authorised persons are further limited to the area specified in their notice of appointment (s 8(2), s 60(2)). Exercising powers outside these bounds risks illegality.
No warrant but procedural prerequisites. While no warrant is required (s 9), police and authorised persons must comply with identification and information procedures before searching or apprehending, unless it is impracticable because of the person’s intoxication or other practicalities (ss 13(3)-(4), 14, 20). Failure to follow these steps when practicable may render the search or seizure contestable.

Limits on search invasiveness and personal dignity

Search boundaries. Searches under s 13 do not permit removal of clothing or examinations of body cavities (s 13(5)). That statutory limit must be respected; attempts to go beyond it risk litigation for unlawful search.

Treatment and detention distinctions

Not an arrest. Apprehension is expressly not an arrest, and apprehended persons must not be charged, questioned about offences or subjected to fingerprinting or photographing while apprehended (s 17). Misclassifying an action as arrest rather than apprehension may engage different procedural safeguards and rights.
Time limits and senior officer role. Protective custody time is controlled by responsible officer assessments. Continued custody beyond six hours triggers notification to a senior officer and a possible extension only up to the expiry of 10 hours from the time the person was taken into custody (s 28(2)(b)(i)). Practitioners must ensure custody time is logged and senior officer instructions recorded (s 28(2)(c)) to avoid de‑facto indefinite detention.

Treatment orders and warrants

Time limits on treatment orders and warrants. Treatment orders are limited to periods not exceeding 16 weeks (s 41(2)(d)) and treatment warrants last the lesser of 30 days or until the treatment order ceases (s 41B(4)). Expectable misuse is to assume indefinite powers; the statutory limits are explicit.
Who can apply for a treatment warrant. Section 41A restricts applications for a treatment warrant to a narrow class of people (assessor, authorised officer, Chief Health Officer, or legal practitioner representing those persons). Third parties cannot directly apply. Telephone applications are permitted if impracticable (s 41A(3)), but the regulations outline the procedure.

Management areas and plans

Applicant obligations and Ministerial approval. Management plans must be prepared by the applicants (minimum 10 residents or a community council) in consultation with the Minister, Commissioner of Police and Chief Executive Officer (s 50(1)). The Minister must be satisfied the plan provides for specified matters and is supported by the community council if it applies to a council area (s 50(3)(a)-(c)). The Minister must also hold a public meeting with residents (s 50(4)). A plan that fails to meet these checks will not be approved.
Criminal liability for contravention. Contravening an approved management plan is a criminal offence (s 53). Applicants and local actors should be clear on the plan’s practical duties, as contravention carries up to 100 penalty units or six months imprisonment.

Supply offence nuance

"Knows or ought to know" standard. The supply offence in s 52 uses a hybrid subjective and objective standard. Sellers who turn a blind eye to obvious indicators of intended inhalation may face prosecution under the "ought to know" limb. Compliance programs and seller due diligence require calibrating sale refusal policies against that statutory threshold.

Confidentiality and disclosure puzzles

Strong protections, but court exceptions. Informers’ identities are generally confidential (s 55), and police reports and confidential information are not to be compelled (s 57). However, the Court may permit disclosure where it is in the interests of justice (s 58). Defence strategies may therefore involve persuasive applications to the Court under s 58; prosecutorial and policing practices must balance confidentiality with disclosure obligations.

Administrative formalities and identity cards

Identity card return penalty. Authorised persons and authorised officers must return identity cards when ceasing duties; failure is a regulatory offence carrying a 20 penalty unit maximum (ss 61(2), 66(3)). This administrative detail could create liability if not complied with promptly.

Record keeping and regulatory instruments

Records required and Regulations. Section 12 requires records to be kept in accordance with the Regulations for all actions under Divisions 2 or 3. The Act leaves many operational details to Regulations and Ministerial guidelines (ss 62, 69-70). Non‑compliance with delegated instruments may have legal consequences even though the primary Act is silent on technical procedures.

Transitional complexity

Transitional provisions. Part 8 preserves continuance of certain proceedings decided under repealed provisions at the time of the 2009 amendments (ss 71-73). Practitioners handling older matters should check whether a particular application or assessment was commenced pre‑ or post‑amendment, as that affects which procedural rules apply.

In short, the "gotchas" are mainly procedural: location and appointment limits, the non‑warrant but procedural nature of powers, strict time and reporting requirements for custody, the objective limb of the supply offence, confidentiality exceptions in court, and the delegation of detailed practical requirements to Regulations and Ministerial instruments. Compliance requires attention to these statutory contours and to the delegated rules that flesh them out.

This section sets out pragmatic steps tied to specific statutory duties and compliance points in the Act for the main actors: police and authorised persons, assessors and health agencies, community applicants and councils, retailers and suppliers, and legal practitioners.

For police and authorised persons (Part 2 responsibilities)

Ensure appointment and identity documentation. Authorised persons must be appointed in writing and the notice must specify powers, area and conditions (s 60(1)-(2)). Identity cards issued under s 61 must be carried and returned promptly when an appointment ends (s 61(2)).
Observe location and authority limits. Exercise powers only where the person is in a public place, trespassing or on private premises with occupier or owner consent (s 8(1)), and only within the area listed in an authorised person’s appointment (s 8(2)).
Follow pre‑search and pre‑apprehension procedures. Before searching or apprehending, identify rank/station or show identity card, explain the non‑criminal nature of the action and request delivery of volatile substances or inhalants unless it is impracticable due to intoxication (ss 13(3)-(4), 14, 20). Communicate in a way the person is likely to understand and, if possible, in their language (s 11).
Respect search limits. Do not remove clothing or examine body cavities during searches under s 13(5).
Record keeping and custody logs. Keep detailed records as required by the Regulations (s 12). For protective custody exceeding six hours, notify a senior officer and make a written record in the custody log of the time, content of the notification and instructions received (s 28(2)(c)). Arrange a health practitioner examination where continued custody is ordered (s 28(2)(d)).
Manage property taken from apprehended persons. Record money and valuables and return them on signature or other mark in the register when releasing the person (s 25(2)).

For assessors, Chief Health Officer and authorised officers (Part 3)

Appointment and qualifications. Ensure assessors are appointed in writing by the Chief Health Officer and meet the statutory qualification requirements or approved qualifications (s 31(1)-(2)). Follow the Chief Health Officer’s assessment guidelines in making assessments and preparing assessment reports (s 31(3)-(4)).
Use and file approved forms. Assessment applications must be in the approved form and include supporting documents as prescribed under s 33(3) and s 64. The Minister approves the form and information under s 64.
Prepare comprehensive assessment reports. If an assessor finds the person to be at risk of severe harm, the assessment report must recommend an appropriate treatment program and detail the components and locations of the program (s 34(3)). Provide the assessment report to the Chief Health Officer and notify the assessment applicant about the assessment result (s 34(1)(c)-(d)).
CHO decision criteria. The Chief Health Officer must apply the statutory criteria at s 35 before applying for a treatment order, including whether the person has been assessed as at risk, whether a treatment program is recommended, that the person has not participated in a program since the assessment, that a treatment order is in the person’s best interests and that the person cannot be protected from severe harm in any other way (s 35(2)).
Treatment orders and warrants. If the CHO files an application for a treatment order, the application must comply with Court form requirements and be accompanied by the assessment report (s 36). If a treatment order is made and the person fails to participate, authorised persons may apply for a treatment warrant in the prescribed form; telephone applications are allowable if impracticable, following regulations (s 41A(3)).

For community applicants and councils (Part 4)

Assemble valid application. To apply for declaration of a management area, obtain the minimum of 10 resident applicants who meet the definition in s 42(1) or have a community council authorised sign the application (s 44). Provide a sufficiently detailed land description to enable identification of the proposed management area (s 44(3)(d)).
Prepare the management plan collaboratively. Applicants must prepare the management plan in consultation with the Minister, Commissioner of Police and Chief Executive Officer (s 50(1)). Ensure the plan addresses the statutory content requirements and the Regulations (s 49-50). If the plan will apply in a council area, obtain support from the relevant community council (s 50(3)(c)).
Comply with consultation and publication steps. Participate in the Minister’s meeting with residents and other interested persons (s 45). After Ministerial approval, ensure the plan and notice are published in the Gazette and otherwise publicised in the management area (s 48(1)-(2); s 50(5)).

For retailers and suppliers

Implement sales due diligence. The supply offence in s 52 uses a "knows or ought to know" standard. Train staff to refuse sale where intent to inhale is clear or where the customer’s age, behaviour or purchase quantity suggests likely abuse. Keep incident logs of refused sales to demonstrate due diligence.
Understand management plan constraints. If operating in a declared management area, obtain and review the management plan and comply with any restrictions; contravention is an offence (s 53). Keep evidence of plan compliance, including signage, staff training and sales records.

For legal practitioners and court users

Follow notice and disclosure rules. When a treatment application is filed, ensure notices are given in accordance with s 38, including delivering the assessment report to the person at risk or responsible adult as appropriate (s 38(4)). Where defence requires disclosure of informer identity or police reports, prepare s 58 applications demonstrating why disclosure is in the interests of justice.
Prepare for closed hearings. Note that hearings are, unless the Court orders otherwise, in closed court (s 39(5)). Prepare arguments about public access and the person at risk’s privacy as relevant.

Cross‑agency coordination and record keeping

Map responsibilities and budgets. The Act assigns operational tasks to the Minister, Commissioner of Police, Chief Health Officer and community councils. Agencies should map responsibilities, required records and resource needs for custody facilities, health assessments and treatment places of safety. The Act does not specify funding, so agencies should plan budgets for custody care, clinician hours for assessments and treatment capacity.
Draft and adopt guidelines and Regulations. The Minister may issue guidelines for authorised persons and the Regulations will flesh out record keeping, disposal and other operational matters (ss 62, 69-70). Agencies should participate in or monitor regulatory drafting to ensure operational feasibility and legal compliance.

In short, compliance requires attention to appointment formalities, strict procedural steps before searches and apprehensions, detailed record keeping, collaborative plan‑making for management areas, due diligence on supply, and procedural care in Court and disclosure matters. Many operational details are delegated to Regulations and Ministerial or Chief Health Officer instruments; compliance plans should track these subordinate instruments as they are issued.

Volatile Substance Abuse Prevention Act 2005

Plain English Summary

Deep Dive

What it does

Current sections

Volatile Substance Abuse Prevention Act 2005

Source text: opening excerpt

1 Volatile Substance Abuse Prevention Act 2005

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