NORTHERN TERRITORY OF AUSTRALIA
VOLATILE SUBSTANCE ABUSE PREVENTION REGULATIONS 2006
As in force at 1 July 2021
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Forms .............................................................................................. 1
Part 2 Preventing inhalation and protecting
health and safety
Division 1 Records of searches, seizures and
apprehensions
5 Application of Division ..................................................................... 2
6 Records of search and seizure ........................................................ 2
7 Records of apprehension................................................................. 2
Division 2 Holding apprehended child in police cell
8 When apprehended child may be held in police cell ........................ 3
9 Approved carer ................................................................................ 4
10 Emergency response plan ............................................................... 4
Part 3 Treatment warrants
11 Form of application for treatment warrant ........................................ 4
12 Making application for treatment warrant by telephone ................... 4
13 Form of treatment warrant ............................................................... 5
14 Issuing treatment warrant on application by telephone.................... 5
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2021
VOLATILE SUBSTANCE ABUSE PREVENTION REGULATIONS 2006
Regulations under the Volatile Substance Abuse Prevention Act 2005
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Volatile Substance Abuse
Prevention Regulations 2006.
2 Commencement
These Regulations come into operation on the commencement of
the Volatile Substance Abuse Prevention Act 2005.
3 Definitions
In these Regulations:
apprehended child means a child taken to a police station under
section 22(3) of the Act to be held in protective custody.
approved carer, see regulation 9.
emergency response plan, see regulation 10.
local authority means a local authority established under
section 76 of the Local Government Act 2019.
4 Forms
A reference in these Regulations to a form by number is a
reference to the form of that number in the Schedule.
Part 2 Preventing inhalation and protecting health and safety
Division 1 Records of searches, seizures and apprehensions
Volatile Substance Abuse Prevention Regulations 2006 2
Part 2 Preventing inhalation and protecting health
and safety
Division 1 Records of searches, seizures and apprehensions
5 Application of Division
This Division applies to the keeping of records of actions taken
under Part 2, Division 2 or 3 of the Act, as required by section 12 of
the Act.
6 Records of search and seizure
(1) The records of actions in relation to a person referred to in
section 13(1) of the Act must include the following information:
(a) a brief description of the actions;
(b) if the actions are taken by a police officer – the officer's name,
rank and number;
(c) if the actions are taken by an authorised person – the
authorised person's name;
(d) the date, time and place of the actions;
(e) the age (or approximate age) of the person;
(f) the gender of the person;
(g) the details of any volatile substance given to or seized by the
police officer or authorised person.
(2) The records may include other information relevant to the actions.
7 Records of apprehension
(1) The records of actions in relation to an apprehended person must
include the following information:
(a) a brief description of the actions;
(b) if the actions are taken by a police officer – the officer's name,
rank and number;
(c) if the actions are taken by an authorised person – the
authorised person's name;
(d) the date, time and place of the apprehension;
Part 2 Preventing inhalation and protecting health and safety
Division 2 Holding apprehended child in police cell
Volatile Substance Abuse Prevention Regulations 2006 3
(e) the name (if given) and age (or approximate age) of the
apprehended person;
(f) the gender of the apprehended person;
(g) if the apprehended person is released under section 21(1)(a)
of the Act into the care of a person (the carer) at a place of
safety – the name of the carer and the address of the place;
(h) if the apprehended person is released under section 21(1)(b)
of the Act into a responsible adult's care – the name, address
and other relevant particulars of the responsible adult;
(i) if section 21(2) of the Act applies – whether a parent or
guardian of the apprehended person has been informed and,
if not, the efforts made to inform a parent or guardian;
(j) if the apprehended person is released under section 22(2) of
the Act – the time and place of the release;
(k) if section 22(4) of the Act applies – whether a parent or
guardian of the apprehended person has been informed and,
if not, the efforts made to inform a parent or guardian.
(2) The records may include other information relevant to the actions.
Division 2 Holding apprehended child in police cell
8 When apprehended child may be held in police cell
(1) For section 24 of the Act, an apprehended child may be held in
protective custody inside a cell at a police station only if all of the
following circumstances apply:
(a) the police station is in a council area;
(b) the apprehended child resides in the council area;
(c) a member of the community council for the council area has
been consulted by the responsible officer for the apprehended
child and has approved the child being held inside a cell at the
police station;
(d) the apprehended child is under the direct care and supervision
of an approved carer while being held inside the cell;
(e) there is an emergency response plan for the police station in
relation to an apprehended child being held in a cell.
Part 3 Treatment warrants
Volatile Substance Abuse Prevention Regulations 2006 4
(2) If the apprehended child resides in a part of the council area for
which there is a local authority, the reference in subregulation (1)(c)
to a member of the community council includes a reference to a
member of the local authority.
9 Approved carer
(1) For regulation 8(1)(d), an approved carer for a police station in a
council area is a person approved by:
(a) the community council for the council area; and
(b) the police officers stationed at the police station.
(2) A person who is an approved carer must:
(a) be a fit and proper person to care for and supervise an
apprehended child; and
(b) have the necessary knowledge or qualifications required to
care for an apprehended child; and
(c) have the ability to take action under an emergency response
plan if required to do so.
10 Emergency response plan
For regulation 8(1)(e), an emergency response plan for a police
station in a council area is a plan of the actions to be taken by a
responsible officer and an approved carer at the police station if
there is a medical, psychological or other type of emergency
affecting an apprehended child.
Part 3 Treatment warrants
11 Form of application for treatment warrant
For section 41A(2) of the Act, an application for a treatment warrant
must be in accordance with Form 1.
12 Making application for treatment warrant by telephone
For section 41A(3)(b) of the Act, a person who applies to a Local
Court Judge by telephone for a treatment warrant must do so by
telephoning the Local Court registry nearest to the person.
Part 3 Treatment warrants
Volatile Substance Abuse Prevention Regulations 2006 5
13 Form of treatment warrant
For section 41B(2) of the Act, a treatment warrant must be in
accordance with Form 2.
14 Issuing treatment warrant on application by telephone
(1) If Local Court Judge issues a treatment warrant on application
made by telephone:
(a) the Judge must complete and sign the warrant (the original
warrant), inform the applicant for the warrant by telephone of
its terms, and record on the original warrant the reasons for
issuing it; and
(b) the applicant for the warrant must:
(i) complete 2 copies of a form of treatment warrant in the
terms provided by the Judge; and
(ii) write on each copy the name of the Judge and the date
and time of issue of the original warrant; and
(iii) forward one copy to the Judge.
(2) On receiving the copy, the Judge must:
(a) compare it with the original warrant; and
(b) if the copy is in substance identical to the original warrant, the
copy has the same authority as the original warrant.
Schedule
Volatile Substance Abuse Prevention Regulations 2006 6
Schedule
regulation 4
FORM 1
regulation 11
NORTHERN TERRITORY OF AUSTRALIA
Volatile Substance Abuse Prevention Act 2005
section 41A(2)
APPLICATION FOR TREATMENT WARRANT
I, (name) ……………………………………………………………………………… ,
*an assessor *an authorised officer *the Chief Health Officer *a delegate of
the Chief Health Officer *a legal practitioner, apply for a treatment warrant in
relation to the person at risk specified in paragraph (a), and say on oath the
following:
(a) on (date) …………………………… the Court made a treatment order in
relation to (name) ……………………………………..(the person at risk);
(b) the treatment order will be in force until (date) …………………...……… ;
(c) a true copy of the treatment order is attached to this application;
(d) I believe the person at risk has not participated in the following
component(s) of the treatment program in accordance with the
treatment order:
(e) I formed the belief mentioned in paragraph (d) on the following
grounds:
Made at [place] ________________ on [date] ________________
By [signature of deponent] _______________________________________
Witnessed by
Signature __________________________________________________
Magistrate
Name __________________________________________________
Delete if not applicable
Schedule
Volatile Substance Abuse Prevention Regulations 2006 7
FORM 2
regulation 13
NORTHERN TERRITORY OF AUSTRALIA
Volatile Substance Abuse Prevention Act 2005
section 41B(2)
TREATMENT WARRANT
TO: AN AUTHORISED OFFICER
I, ………………………………………………………...……………. , a magistrate,
am satisfied by *information on oath given by *a declaration made by
(name) …………………………………………… on (date) …………………. , that:
(1) a treatment order is in force in relation to (name) ………………………….
…………………………………………………… (the person at risk); and
(2) the person at risk has failed to participate in the following component(s)
of the treatment program in accordance with the treatment order:
You are authorised to do the following, using reasonable force and, if
necessary, reasonable assistance:
(a) enter, at any reasonable time, a place where you reasonably believe
the person at risk may be found;
(b) search the place in order to find the person;
(c) remain at the place for as long as you consider reasonably necessary
to find the person;
(d) if the person is found – apprehend the person and take the person to
the following place to participate in the following component of the
treatment program:
This warrant remains in force for the lesser of the following periods:
30 days after the day on which it is issued;
until the treatment order ceases to be in force.
You must produce this warrant (or a copy of the warrant) to a person at
the place where the warrant is executed.
Dated:
Magistrate
Delete if not applicable
ENDNOTES
Volatile Substance Abuse Prevention Regulations 2006 8
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 Regulations (SL No. 7, 2006)
Notified 9 February 2006
Commenced 9 February 2006 (r 2, s 2 Volatile Substance Abuse
Prevention Act 2005 (Act No. 22, 2005) and Gaz S2,
9 February 2006)
Volatile Substance Abuse Prevention Amendment Regulations 2009 (SL No. 37, 2009)
Notified 14 December 2009
Commenced 22 February 2010 (r 2, s 2 Volatile Substance Abuse
Prevention Amendment Act 2009 (Act No. 37, 2009) and
(Gaz G7, 17 February 2010, p 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Local Government Amendment Act 2013 (Act No. 28, 2013)
Assent date 8 November 2013
Commenced 8 November 2013
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)
ENDNOTES
Volatile Substance Abuse Prevention Regulations 2006 9
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: rr 1, 2 and 3 and sch.
4 LIST OF AMENDMENT
r 3 sub No. 37, 2009, r 4
amd Act No. 28, 2013, s 61; Act No. 39, 2019, s 370
pt 2
div 2 hdg sub No. 37, 2009, r 5
r 8 sub No. 37, 2009, r 5
amd Act No. 28, 2013, s 61; Act No. 39, 2019, s 370
rr 9 – 10 sub No. 37, 2009, r 5
pt 3 hdg sub No. 37, 2009, r 6
r 11 sub No. 37, 2009, r 6
r 12 sub No. 37, 2009, r 6
amd Act No. 8, 2016, s 45
r 13 sub No. 37, 2009, r 6
r 14 sub No. 37, 2009, r 6
amd Act No. 8, 2016, s 45
sch amd No. 37, 2009, r 7; Act No. 40, 2010, s 184