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