Alcohol Mandatory Treatment Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
ALCOHOL MANDATORY TREATMENT ACT
As in force at 28 July 2016
Table of provisions
| Part 1 | Preliminary matters |
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects ............................................................................................ 1
4 Application of Act ............................................................................. 1
5 Definitions ........................................................................................ 2
6 Principles ......................................................................................... 6
7 Application of Criminal Code ........................................................... 6
| Part 2 | Assessment of assessable persons |
| Division 1 | Key concepts |
8 Assessable person .......................................................................... 7
9 When mandatory treatment order may be made ............................. 7
10 Criteria for a mandatory treatment order.......................................... 8
11 Mandatory community treatment order ............................................ 9
12 Mandatory residential treatment order ............................................. 9
13 Income management order.............................................................. 9
| Division 2 | Admission to assessment facility and assessment |
14 Admission and detention ............................................................... 10
15 Information to be given to person .................................................. 10
16 Notifying primary contact and others ............................................. 10
17 Timing of assessment .................................................................... 11
18 Release if assessment not conducted within time allowed ............ 11
19 Assessment ................................................................................... 11
20 Action following assessment .......................................................... 12
21 Request under Mental Health Act .................................................. 12
22 Application to Tribunal ................................................................... 12
23 Notice of action taken .................................................................... 13
| Division 3 | Other matters |
24 Continued detention of person after assessment .......................... 14
25 Release if person not adult ............................................................ 14
26 Release if person subject to order under Mental Health Act .......... 14
27 Release if treatment needed under Mental Health Act .................. 15
28 Release on order of Tribunal ......................................................... 15
29 Transport on release ..................................................................... 15
30 Nomination of primary contact ....................................................... 15
| Part 3 | Mandatory treatment orders |
| Division 1 | Hearing of application made following assessment |
| Subdivision 1 | General matters |
31 Timing and notice of hearing ......................................................... 16
| Subdivision 2 | Application in relation to person to whom mandatory community treatment order does not apply |
32 Application ..................................................................................... 17
33 Orders that can be made by Tribunal ............................................ 17
34 Income management order must be made for eligible welfare payment recipient .......................................................................... 17
35 Exemption from further assessment .............................................. 17
36 Order for release taken to be made after 96 hours ........................ 17
37 Notice of order and information notice ........................................... 18
| Subdivision 3 | Application in relation to person to whom mandatory community treatment order applies |
38 Application ..................................................................................... 18
39 Orders that can be made by Tribunal ............................................ 19
40 Additional power to vary or revoke income management order ..... 19
41 Exemption from further assessment .............................................. 20
42 Order for release taken to be made after 96 hours ........................ 20
43 Notice of order and information notice ........................................... 20
| Division 2 | Variation, revocation or replacement of order |
44 Application for variation, revocation or replacement of order ......... 21
45 Timing and notice of hearing ......................................................... 21
46 Orders that can be made by Tribunal ............................................ 22
47 Additional power to vary or revoke income management order ..... 23
48 Notice of order and information notice ........................................... 24
| Division 3 | Content of orders |
49 Mandatory treatment orders .......................................................... 24
50 Income management orders .......................................................... 25
| Division 4 | Appeals |
51 Appeals to Local Court .................................................................. 25
| Division 5 | Suspension of mandatory treatment order |
52 Mandatory treatment order suspended while person subject to order under Mental Health Act ....................................................... 26
| Part 4 | Mandatory treatment |
| Division 1 | Treatment under mandatory residential treatment order |
53 Transfer to treatment centre .......................................................... 26
54 Admission and detention ............................................................... 27
55 Information to be given to person .................................................. 27
56 Treatment ...................................................................................... 28
57 Alcohol testing ............................................................................... 28
58 Release from treatment centre ...................................................... 28
| Division 2 | Treatment under mandatory community treatment order |
59 Information to be given to community treatment provider .............. 28
60 Information to be given to person .................................................. 29
61 Treatment ...................................................................................... 29
62 Notice to be given if person no longer meets criteria ..................... 30
63 Notice to be given of contravention ............................................... 30
64 Person need not comply with mandatory community treatment order while detained ...................................................................... 30
| Division 3 | Aftercare plans |
65 Preparation of aftercare plan ......................................................... 30
66 Lodgment with Tribunal ................................................................. 31
| Division 4 | Administrative matters |
67 Records to be maintained at treatment centre ............................... 31
68 Records to be maintained by community treatment provider ......... 32
69 Access to records .......................................................................... 32
70 Charge for consumables ............................................................... 33
71 Nomination of primary contact ....................................................... 33
| Division 5 | Offence |
73 Offence to permit contravention of mandatory treatment order ..... 34
| Part 5 | Provisions relating to persons detained at assessment facilities and treatment centres |
| Division 1 | General matters |
74 Administration of medication .......................................................... 34
75 Use of reasonable force ................................................................ 35
76 Leave of absence .......................................................................... 35
| 76A | Giving notice of unauthorised absence from treatment centre....... 35 |
| 77 | Power to search persons ............................................................... 36 |
| 78 | Search and seizure generally ........................................................ 36 |
| 79 | Power to apprehend persons ......................................................... 37 |
| 80 | Police assistance in apprehending persons................................... 38 |
| 81 | Records to be maintained at assessment facility ........................... 38 |
| 82 | Complaint procedures for treatment centres.................................. 39 |
| Division 2 | Community visitors program |
| Subdivision 1 | Principal community visitor and community visitors |
83 Appointment .................................................................................. 39
84 Interim community visitor ............................................................... 40
85 Vacation of office ........................................................................... 40
86 Termination of appointment ........................................................... 40
| Subdivision 2 | Powers and functions of community visitors |
87 Functions of principal community visitor ........................................ 41
88 Inquiry functions ............................................................................ 42
89 Complaint functions ....................................................................... 42
90 Visiting duties ................................................................................ 43
91 Powers of inspection ..................................................................... 43
92 Requests to be contacted by community visitors ........................... 43
93 Reports by community visitors ....................................................... 44
| Subdivision 3 | Community visitors panel |
94 Establishment ................................................................................ 44
95 Appointment of members............................................................... 44
96 Vacation of office ........................................................................... 45
97 Termination of appointment ........................................................... 45
98 Functions of community visitors panel ........................................... 46
99 Report by community visitors panel ............................................... 47
| Subdivision 4 | Miscellaneous matters |
100 Assistance to be provided.............................................................. 48
101 Annual report ................................................................................. 48
| Part 6 | Alcohol Mandatory Treatment Tribunal |
| Division 1 | Establishment of Tribunal and related matters |
102 Establishment of Tribunal .............................................................. 48
103 Functions and powers ................................................................... 48
104 Membership ................................................................................... 49
105 Term of appointment ..................................................................... 50
106 President and Deputy President .................................................... 50
107 Vacation of office ........................................................................... 50
108 Termination of appointment ........................................................... 51
109 Composition of Tribunal ................................................................. 51
110 Replacement of member ............................................................... 52
111 Registrar and Deputy Registrars of Tribunal.................................. 52
| Division 2 | General provisions for proceedings |
112 Form and lodgment of applications ................................................ 52
113 Right of appearance and representation ....................................... 53
114 Conduct of proceeding generally ................................................... 53
115 Conduct of hearing ........................................................................ 54
116 Interpreter ...................................................................................... 54
117 Evidence ........................................................................................ 54
118 Reports of reasons for decisions ................................................... 55
| Division 3 | Notices relating to income management |
119 Eligible welfare payment recipient ................................................. 55
120 Notice to Secretary requiring income management ....................... 55
121 Notice to Secretary revoking requirement for income
management .................................................................................. 56
| Division 4 | Other matters |
122 Contempt ....................................................................................... 56
123 Offence to publish or broadcast name or report ............................ 56
124 Annual report ................................................................................. 57
| Part 7 | Miscellaneous provisions |
| Division 1 | Alcohol testing |
125 Person must submit to testing ....................................................... 57
126 Testing officers .............................................................................. 58
| Division 2 | Declaration of premises, appointment and functions of officers and authorisation of persons |
127 Assessment facilities ..................................................................... 58
128 Treatment centres ......................................................................... 58
129 Functions of CEO .......................................................................... 58
130 Clinical director .............................................................................. 59
131 Senior assessment clinicians ......................................................... 59
132 Residential treatment providers ..................................................... 59
133 Senior treatment clinicians............................................................. 60
134 Community treatment providers ..................................................... 60
135 Authorised officers ......................................................................... 61
| Division 3 | Other matters |
136 Act does not limit or affect other powers ........................................ 62
137 Transport of persons to and from assessment facilities and treatment centres ........................................................................... 62
| 137A | Requirements in relation to decision makers ................................. 63 |
| 138 | Misleading information ................................................................... 63 |
| 139 | Protection from liability .................................................................. 64 |
| 140 | Collection and disclosure of information ........................................ 65 |
| 141 | Confidentiality of information ......................................................... 65 |
| 142 | Regulations .................................................................................... 67 |
| Part 8 | Repeal and transitional matters |
| Division 1 | Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act |
143 Definitions ...................................................................................... 67
144 Repeal ........................................................................................... 67
145 Certain notices given, orders made under repealed Act ................ 67
146 Clinicians ....................................................................................... 68
| Division 2 | Alcohol Reform (Substance Misuse Assessment and Referral for Treatment Court) Act |
147 Definitions ...................................................................................... 68
148 Repeal ........................................................................................... 68
149 SMART orders made under repealed Act ...................................... 69
| ENDNOTES |
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 28 July 2016 ____________________
ALCOHOL MANDATORY TREATMENT ACT
An Act to provide for the mandatory assessment, treatment and management
of persons who are misusing alcohol
| Part 1 | Preliminary matters |
1 Short title
This Act may be cited as the Alcohol Mandatory Treatment Act.
2 Commencement
This Act commences on 1 July 2013.
3 Objects
The objects of this Act are to assist and protect from harm misusers of alcohol, and other persons, by providing for the mandatory assessment, treatment and management of those misusers with the aim of:
(a) stabilising and improving their health; and (b) improving their social functioning through appropriate therapeutic and other life and work skills interventions; and (c) restoring their capacity to make decisions about their alcohol use and personal welfare; and (d) improving their access to ongoing treatment to reduce the risk of relapse.
4 Application of Act
This Act does not affect the operation or application of the Mental
Health Act or Sentencing Act.
5 Definitions
In this Act:
advocate means a person appointed under section 113(2).
affected person:
(a)
for a hearing or proceeding in relation to an application made under section 22 – means the person to whom the application relates; or
(b)
for a mandatory treatment order or income management order – means the person to whom the order applies.
assessable person, see section 8. assessment, see section 19(1). assessment facility means premises declared to be an
assessment facility under section 127.authorised officer, see section 135(1). CEO means the Chief Executive Officer. clinical director means the person holding an appointment as the
clinical director under section 130(1).
community treatment provider means:
(a)
a person holding an authorisation to be a community treatment provider under section 134(1); or
(b)
if the Agency provides treatment under a mandatory community treatment order – the Agency.
community visitor means:
(a)
a person holding an appointment as a community visitor under section 83(2); or
(b) the principal community visitor; or (c) an interim community visitor. community visitors panel means a community visitors panel
established under section 94.criteria for a mandatory treatment order, see section 10.
decision maker, for a person, means a decision maker (as defined
in section 3 of the Advance Personal Planning Act) for the person
who has authority for matters relating to the assessment, treatment
and management of the person under this Act.Deputy President means the Deputy President of the Tribunal. eligible welfare payment recipient, see section 119. frisk search, see section 78(1). guardian, for a person, means a guardian (as defined in section 3 of the Guardianship of Adults Act) for the person who has power under that Act to make decisions relating to the assessment, treatment and management of the person under this Act.
health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student).
income management means the income management regime under Part 3B of the Social Security (Administration) Act 1999 (Cth).
income management order, see section 13. information notice, for a Tribunal decision, means a written notice
stating the following:
(a) the decision and the reasons for it; (b)
that the person who is given the notice may appeal against the decision on a question of law only;
(c) the period allowed for starting an appeal; (d) how to start an appeal. interim community visitor, see section 84(1). involuntary managed person means a person in relation to whom an interim community management order, or community management order, under the Mental Health Act is in force.
mandatory community treatment order, see section 11. mandatory residential treatment order, see section 12. mandatory treatment order means an order of one of the
following types:
(a) mandatory residential treatment order; (b) mandatory community treatment order. ordinary search, see section 78(2).
Mental Health Act means Mental Health and Related Services Act. primary contact, for a person, means:
(a)
if the person has nominated a primary contact under section 30 or 71 – the nominated person; or
(b)
if the person has not nominated a primary contact under section 30 or 71 but the person has a guardian or decision maker – the guardian or decision maker; or
(c) if paragraphs (a) and (b) do not apply:
(i) the spouse of the person, if any, if the relationship between the person and the spouse is close and continuing; or
(ii) the de facto partner of the person, if any, if the relationship between the person and the de facto partner is close and continuing; or
(iii) any person who is primarily responsible for providing support or care to the person (other than wholly or substantially on a commercial basis); or
(iv) a friend or another relative (including someone who, according to Aboriginal tradition or contemporary social practice, is a relative) of the person who:
(A) maintains both a close personal relationship with the person through frequent personal contact and a personal interest in the person's welfare; and
(B) does not provide support or care to the person
wholly or substantially on a commercial basis.
principal community visitor means the person holding an appointment as the principal community visitor under section 83(1). proceeding means any process of the Tribunal relating to:
(a)
the consideration of, or a decision about, an application made to the Tribunal; or
(b) a mandatory treatment order or income management order. representative, for a person, means a legal practitioner holding an
appointment from the person under section 113(1)(b).
residential treatment provider means:
(a)
a person holding an authorisation to be a residential treatment provider under section 132(1); or
(b) if the Agency operates a treatment centre – the Agency. rights statement, for a person, means a written statement in the
form approved by the CEO:
(a)
setting out details of the person's legal rights and other entitlements under this Act (including rights of appeal); and
(b)
advising that information about the person and the person's assessment or treatment (as applicable) will be collected by, and may be disclosed by, the Agency; and
(c)
advising of the type of information the person's primary contact will be given or have access to.
Secretary means the Secretary under the Social Security
(Administration) Act 1999 (Cth).senior assessment clinician means a person holding an appointment as a senior assessment clinician under section 131(1).
senior treatment clinician means a person holding an appointment as a senior treatment clinician for a treatment centre under section 133(1).
testing officer means a person authorised to take samples under
section 126.
transport officer means:
(a) a police officer; or (b) an authorised officer; or (c)
an ambulance officer as defined in section 4 of the Mental Health Act; or
(d) a person of a class approved by the CEO. treatment means therapeutic, health, diversionary, educational or other intervention or treatment aimed at remedying or reducing a person's misuse of alcohol.
treatment centre means premises declared to be a secure
residential treatment centre under section 128.
treatment provider means a community treatment provider or
residential treatment provider.
Tribunal means:
(a) generally – the Alcohol Mandatory Treatment Tribunal established by section 102; or (b) in relation to a particular proceeding – the Alcohol Mandatory Treatment Tribunal as composed under section 109.
6 Principles
The following general principles must be applied by a person when exercising a power or performing a function under this Act:
(a) involuntary detention and involuntary treatment of a person are to be used only as a last resort when less restrictive interventions are not likely to be effective or sufficient to remediate the risks presented by the person; (b) the least restrictive interventions are to be used when a person is being treated or dealt with under this Act; (c) any interference with the rights and dignity of a person are to be kept to the minimum necessary.
7 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.Note for section 7 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
| Part 2 | Assessment of assessable persons |
| Division 1 | Key concepts |
8 Assessable person
(1) A person is an assessable person if the person:
(a) is taken to an assessment facility under section 128A(5) of the Police Administration Act; or (b) is, under section 34(9) of the Mental Health Act, referred back to a senior assessment clinician for another assessment; or (c) is taken to an assessment facility under section 128B(4) of the Police Administration Act; or (d) is, in accordance with procedures prescribed by regulation: (i) referred by a health practitioner to a senior assessment clinician for an assessment; and
(ii) taken to an assessment facility.
Notes for definition assessable person
1 Section 128A of the Police Administration Act requires that a person who is taken into protective custody under section 128 of that Act must be taken to an assessment facility in certain circumstances.
2 Section 128B of the Police Administration Act requires that a person to whom a mandatory community treatment order applies who is taken into protective custody under section 128 of that Act must be taken to an assessment facility in certain circumstances.
(2) A person ceases to be an assessable person:
(a) on being released from an assessment facility under section 18, 25 or 26; or (b) immediately after one of the actions mentioned in section 20 is taken in relation to the person following an assessment of the person. 9 When mandatory treatment order may be made
(1) A mandatory treatment order may be made in relation to a person if
the person meets all the criteria for a mandatory treatment order.(2) However, a mandatory treatment order must not be made in relation to a person if the person:
(a) is charged with committing a relevant offence; or (b)
is a reportable offender under the Child Protection (Offender Reporting and Registration) Act; or
(c)
is subject to a continuing detention order or supervision order under the Serious Sex Offenders Act; or
(d)
is an involuntary patient under the Mental Health Act or an involuntary managed person.
(3) In this section:
relevant offence means one of the following:
(a) an offence against a law in force in the Territory for which the maximum penalty is imprisonment for a period of more than 7 years; (b) any other offence that is prescribed by regulation.
10 Criteria for a mandatory treatment order
The following are the criteria for a mandatory treatment order in relation to a person:
(a) the person is an adult; (b) the person is misusing alcohol; (c)
as a result of the person's alcohol misuse, the person has lost the capacity to make appropriate decisions about his or her alcohol use or personal welfare;
(d)
the person's alcohol misuse is a risk to the health, safety or welfare of the person or others (including children and other dependants);
(e) the person would benefit from a mandatory treatment order; (f)
there are no less restrictive interventions reasonably available for dealing with the risk mentioned in paragraph (d).
11 Mandatory community treatment order
(1) A mandatory community treatment order is an order in relation to a person that:
(a)
requires the person to participate in treatment from a specified community treatment provider; and
(b)
bans the person from possessing, consuming or purchasing alcohol.
(2) A mandatory community treatment order may also do one or more
of the following:
(a) require the person to undergo alcohol testing; (b) ban the person from being in company with one or more specified persons; (c) ban the person from being at a specified place; (d) require the person to reside with a specified person or at a specified place; (e) impose on the person another form of management that is consistent with the objects of this Act. 12 Mandatory residential treatment order
A mandatory residential treatment order is an order in relation to a person that:
(a) authorises the admission of the person to, and the detention of the person at, a specified treatment centre; and (b) requires the person to participate in treatment at the treatment centre; and (c) bans the person from possessing, consuming or purchasing alcohol.
13 Income management order
(1)
An income management order is an order in relation to a person who is an eligible welfare payment recipient that the person is required to be subject to income management.
(2)
An income management order is related to a mandatory treatment order if the income management order is made as a result of the making of the mandatory treatment order.
Note for section 13 If the Tribunal makes a mandatory treatment order in relation to a person who is an eligible welfare payment recipient, it must also make an income management order in relation to the person – see section 34.
| Division 2 | Admission to assessment facility and assessment |
14 Admission and detention
When an assessable person is taken to an assessment facility, a senior assessment clinician must admit the assessable person to the facility and detain the assessable person for the purpose of an assessment.
15 Information to be given to person
(1) A senior assessment clinician must give the assessable person:
(a) a rights statement; and (b) an oral explanation of the content of the rights statement. (2) The statement and explanation must be given as soon as practicable after the assessable person is admitted to the assessment facility.
(3) If the assessable person is unable to communicate adequately in English but is able to communicate adequately in another language, the senior assessment clinician must, if practicable, arrange for the oral explanation to be given in the other language.
16 Notifying primary contact and others
A senior assessment clinician must ensure each of the following occur as soon as practicable after the assessable person is admitted:
(a) the following persons are notified that the assessable person has been admitted to the assessment facility: (i) the assessable person's primary contact;
(ii) the assessable person's guardian (if any);
(iii) the assessable person's decision maker (if any);
(b) the assessable person is given the opportunity to speak to:
(i) his or her primary contact; and (ia) his or her guardian (if any); and (ib) his or her decision maker (if any); and (ii) at least one other person of his or her choice.
17 Timing of assessment
(1) Subject to this section, a senior assessment clinician must conduct an assessment of the assessable person as soon as practicable after the assessable person is, in the clinician's opinion, able to be properly assessed. (2) The assessment must be conducted not later than 96 hours after the assessable person is admitted to the assessment facility.
(3) In calculating the period under subsection (2), any period of time during which the assessable person is absent from the assessment facility for any reason (or is being assessed under the Mental Health Act as mentioned in section 21) must be disregarded.
18 Release if assessment not conducted within time allowed
If, on the expiry of the time allowed under section 17(2), an assessment of the assessable person has not been conducted, the assessable person must be released from the assessment facility.
19 Assessment
(1) An assessment is a clinical assessment of the assessable person
by a senior assessment clinician.(2) In making an assessment a senior assessment clinician must form
an opinion as to whether:
(a)
the assessable person is likely to fulfill the criteria for involuntary admission or involuntary treatment or care in the community under the Mental Health Act; or
(b)
the assessable person is likely to meet the criteria for a mandatory treatment order.
(3)
In conducting the assessment, the senior assessment clinician may examine the assessable person but, before doing so, must explain the purpose of the examination to the person to the extent that is reasonably practicable.
20 Action following assessment
Within 24 hours after completing the assessment, the senior assessment clinician must take one of the following actions:
(a) make a request in relation to the assessable person in accordance with section 21 (unless the assessment is being made immediately after the person has been referred back for assessment after a request made under that section); (b) make an application in relation to the assessable person under section 22.
21 Request under Mental Health Act
(1) If, in the senior assessment clinician's opinion, the assessable person is likely to fulfil the criteria mentioned in section 19(2)(a) (and the opinion is formed as part of an assessment other than one made after a referral back under the Mental Health Act after a previous request under this section), the clinician must request that the assessable person be assessed under the Mental Health Act to determine whether the assessable person is in need of treatment under that Act.
(2) The request must be made under section 32(2) of the Mental
Health Act.
(3) In addition, if the assessable person will be assessed under the Mental Health Act at a place other than the assessment facility, the senior assessment clinician must:
(a) arrange for the assessable person to be taken to the place at which the person will be assessed; and (b) release the assessable person from the facility for that purpose.
22 Application to Tribunal
(1) If, in the senior assessment clinician's opinion, the assessable person is not likely to fulfil the criteria mentioned in section 19(2)(a), the senior assessment clinician must make an application to the Tribunal in relation to the assessable person.
(2) The application must be accompanied by an assessment report. (3) The assessment report must be in the form approved by the CEO
and include the following:
(a)
a statement as to whether, in the senior assessment clinician's opinion, the assessable person meets all the criteria for a mandatory treatment order, and the basis for that opinion;
(b)
demographic information about the assessable person, including:
(i) whether he or she is an adult; and
(ii) whether he or she is a member of a particular cultural group; and
(iii) all other information that, in the clinician's opinion, would be relevant to the Tribunal in deciding what order (if any) to make in relation to the person;
(c) if, in the clinician's opinion, the assessable person meets all the criteria for a mandatory treatment order – details of the treatment in which, in the clinician's opinion, it would be appropriate and practicable for the assessable person to participate.
23 Notice of action taken
(1)
As soon as practicable after taking one of the actions mentioned in section 20, the senior assessment clinician must take reasonable steps to ensure the following persons are given notice of that action:
(a) the assessable person; (b) the assessable person's primary contact; (ba) the assessable person's guardian (if any);
(bb) the assessable person's decision maker (if any);
(c) the assessable person's representative (if any); (d) any other person nominated by the assessable person. (2)
In addition, if the action taken by the senior assessment clinician is an action taken under section 20(b) the clinician must give a copy of the application and assessment report to the assessable person and any person nominated by the assessable person.
| Division 3 | Other matters |
24 Continued detention of person after assessment
A senior assessment clinician at an assessment facility at which a person is detained must ensure the person continues to be detained following assessment until the person is required to be released from the facility or transferred to a treatment centre in accordance with this Act.
25 Release if person not adult
(1) If, while detained at an assessment facility, a person is found not to be an adult, a senior assessment clinician at the facility must, as soon as practicable, release the person from the facility. (2) To avoid doubt, subsection (1) applies whether or not an application
has been made in relation to the person under section 22.26 Release if person subject to order under Mental Health Act
(1) If, while detained at an assessment facility, a person is found to be an involuntary patient under the Mental Health Act, a senior assessment clinician at the facility must, as soon as practicable:
(a) advise the person-in-charge of the approved treatment facility to which the person has been admitted under the Mental Health Act of the person's whereabouts; and (b) ensure that the person is released from the facility into the care of the person-in-charge. (2) If, while detained at an assessment facility, a person is found to be an involuntary managed person, a senior assessment clinician at the facility must, as soon as practicable:
(a) if the person is the subject of: (i) a community management order – advise the psychiatric case manager for the person under the Mental Health Act of the person's whereabouts; or
(ii) an interim community management order – advise the person-in-charge of an approved treatment agency named in the order of the person's whereabouts; and
(b)
ensure that the person is released from the facility in accordance with the directions of an authorised psychiatric practitioner or psychiatric case manager under the Mental Health Act.
(3) To avoid doubt, subsections (1) and (2) apply whether or not an application has been made in relation to the person under section 22.
27 Release if treatment needed under Mental Health Act
(1) This section applies if:
(a) in accordance with section 21, a request is made for a person to be assessed under the Mental Health Act; and (b) the person is assessed under that Act at an assessment facility; and (c) a recommendation for psychiatric examination of the person is made under that Act. (2) A senior assessment clinician at the assessment facility must, as soon as practicable, release the person from the facility in accordance with the recommendation.
28 Release on order of Tribunal
If the Tribunal gives a senior assessment clinician notice of an order for a person to be released, the senior assessment clinician must, as soon as practicable, release the person from the facility.
29 Transport on release
If a person is to be released from an assessment facility under section 18, 25 or 28, a senior assessment clinician at the facility may arrange for the person:
(a) to be taken to the person's usual place of residence; or (b) to be taken to another place that the senior assessment clinician reasonably believes to be safe.
30 Nomination of primary contact
(1) A person who is detained at an assessment facility may nominate a person to be the person's primary contact under this Act and may revoke or vary the nomination at any time. (2) A nomination, variation or revocation by the person may be made orally to a senior assessment clinician at the assessment facility and the clinician must:
(a) record the nomination, variation or revocation; and
| Part 3 | Mandatory treatment orders |
| Division 1 | Hearing of application made following assessment |
| Subdivision 1 | General matters |
(b) notify each other senior assessment clinician of the nomination, variation or revocation.
(3) A senior assessment clinician must, in performing his or her functions under this Act, ensure that effect is given to a nomination, or a variation or revocation of a nomination, if the clinician is given notice of it.
| Part 3 | Mandatory treatment orders |
| Division 1 | Hearing of application made following assessment |
| Subdivision 1 | General matters |
31 Timing and notice of hearing
(1) The Tribunal must hear and decide an application made under section 22 as soon as practicable but not later than 96 hours after receiving the application.
(2)
The Tribunal must take reasonable steps to give notice stating the date, time and place fixed for the hearing to the applicant and each person who is required or entitled to attend the hearing.
(3) The applicant, or a person nominated by the applicant, is required
to attend the hearing.(4) Each of the following persons is entitled to attend the hearing but is
not required to do so unless ordered by the Tribunal:
(a) the affected person;
(ba) the affected person's guardian (if any);
(bb) the affected person's decision maker (if any);(b) the affected person's primary contact;
(c)
the affected person's representative (if any) or, if the President has appointed an advocate for the affected person, the advocate.
| Part 3 | Mandatory treatment orders |
| Division 1 | Hearing of application made following assessment |
| Subdivision 2 | Application in relation to person to whom mandatory community treatment order does not apply |
| Subdivision 2 | Application in relation to person to whom mandatory community treatment order does not apply |
32 Application
This Subdivision applies to an application made under section 22 that relates to a person to whom a mandatory community treatment order does not apply.
33 Orders that can be made by Tribunal
Following the hearing of the application, the Tribunal may:
(a) make a mandatory treatment order in relation to the affected person if the Tribunal is satisfied that the affected person: (i) meets the criteria for a mandatory treatment order; and
(ii) is not, under section 9(2), a person in relation to whom a mandatory treatment order must not be made; or
(b) otherwise, make an order for the affected person to be released.
34 Income management order must be made for eligible welfare payment recipient
If the Tribunal makes a mandatory treatment order in relation to the affected person, it must also make an income management order in relation to the affected person if the affected person is an eligible welfare payment recipient.
35 Exemption from further assessment
If the Tribunal makes an order for the affected person to be released and is satisfied that the affected person should not be further assessed or treated under this Act, it may also make an order exempting the affected person, for a specified period, from any further assessments under this Act.
36 Order for release taken to be made after 96 hours
The Tribunal is taken to have made an order for the affected person to be released if it has not made a mandatory treatment order within 96 hours of receiving the application.
| Part 3 | Mandatory treatment orders |
| Division 1 | Hearing of application made following assessment |
| Subdivision 3 | Application in relation to person to whom mandatory community treatment order applies |
37 Notice of order and information notice
(1) If the Tribunal decides to make a mandatory treatment order or income management order it must:
(a) give a copy of the order and an information notice for the decision to the affected person; and (b) give a copy of the order to the applicant; and (c) take reasonable steps to give a copy of the order to each of the following persons:
(i) each other person who was entitled to attend the hearing; (ii) if the order is a mandatory treatment order: (A) the senior treatment clinician for the treatment centre specified in the order or the community treatment provider specified in the order; and
(B) any other person named in the order.
Note for subsection (1)
Under section 120 the Tribunal is also required to give the Secretary a notice if an income management order is made.
(2) If the Tribunal makes, or is taken to have made, an order for the affected person to be released or makes an order under section 35 it must:
(a)
give notice of the order to the affected person and the applicant; and
(b)
take reasonable steps to give notice of the order to each other person who was entitled to attend the hearing.
| Subdivision 3 | Application in relation to person to whom mandatory community treatment order applies |
38 Application
This Subdivision applies to an application made under section 22 that relates to a person to whom a mandatory community treatment order applies.
| Part 3 | Mandatory treatment orders |
| Division 1 | Hearing of application made following assessment |
| Subdivision 3 | Application in relation to person to whom mandatory community treatment order applies |
39 Orders that can be made by Tribunal
(1) Following the hearing of the application, the Tribunal may do any of
the following:
(a) revoke the mandatory community treatment order and make a mandatory residential treatment order in relation to the affected person; (b) vary the mandatory community treatment order and make an order for the affected person to be released; (c) make no change to the mandatory community treatment order and make an order for the affected person to be released; (d) revoke the mandatory community treatment order and make an order for the affected person to be released. (2) The Tribunal must not make an order under subsection (1)(a), (b) or (c) unless satisfied, on the balance of probabilities, that the affected person:
(a) meets all the criteria for a mandatory treatment order; and (b)
is not, under section 9(2), a person in relation to whom a mandatory treatment order must not be made.
(3) In addition, the Tribunal must not:
(a) vary the mandatory community treatment order unless satisfied there are grounds for doing so taking into consideration the criteria for a mandatory treatment order; or (b) vary the mandatory community treatment order so that the total period it remains in force would exceed 6 months. 40 Additional power to vary or revoke income management order
(1)
If an income management order applies to the affected person, the Tribunal may, in addition to making an order mentioned in section 39, make an order varying or revoking the income management order.
(2)
However, the Tribunal must not vary the income management order so that the total period it remains in force would exceed 12 months.
| Part 3 | Mandatory treatment orders |
| Division 1 | Hearing of application made following assessment |
| Subdivision 3 | Application in relation to person to whom mandatory community treatment order applies |
41 Exemption from further assessment
If the Tribunal revokes the mandatory community treatment order and is satisfied that the affected person should not be further assessed or treated under this Act, it may also make an order exempting the affected person, for a specified period, from any further assessments under this Act.
42 Order for release taken to be made after 96 hours
The Tribunal is taken to have made an order for the affected person to be released if it has not made a mandatory residential treatment order in relation to the person within 96 hours of receiving the application.
43 Notice of order and information notice
(1) If the Tribunal decides to make an order under section 39(1)(a), (b)
or (c) or 40 it must:
(a) give a copy of the order and an information notice for the decision to the affected person; and (b) give a copy of the order to the applicant; and (c) take reasonable steps to give a copy of the order to each of the following persons: (i) each other person who was entitled to attend the hearing;
(ii) if the order is a mandatory residential treatment order – the senior treatment clinician for the treatment centre specified in the order;
(iii) if the order varies or revokes the mandatory community treatment order – the community treatment provider specified in the mandatory community treatment order and any other person named in the order.
Note for subsection (1)
Under sections 120 and 121 the Tribunal is also required to give the Secretary a notice if an income management order is varied or revoked.
(2) If the Tribunal makes an order under section 39(1)(d), is taken to have made an order for the affected person to be released or makes an order under section 41 it must:
(a)
give notice of the order to the affected person and the applicant; and
(b)
take reasonable steps to give notice of the order to each other person who was entitled to attend the hearing.
| Division 2 | Variation, revocation or replacement of order |
44 Application for variation, revocation or replacement of order
(1) An affected person, a senior assessment clinician or a senior treatment clinician may apply to the Tribunal for the following:
(a) a variation or revocation of a mandatory treatment order; (b)
a mandatory treatment order to be replaced with a different type of mandatory treatment order;
(c) a variation or revocation of an income management order.
(2) The application must:
(a) state the reasons for the application; and (b) include all the information necessary to support the application. (3) The Tribunal may refuse to consider the application without taking further action if an application has been made in the previous 30 days and there are no new grounds to support the application. 45 Timing and notice of hearing
(1) If the Tribunal does not refuse to consider an application made under section 44 in relation to a mandatory treatment order or income management order, the Tribunal must conduct a hearing of the application as soon as practicable.
(2) The Tribunal must take reasonable steps to give notice stating the
date, time and place fixed for the hearing to:
(a) the applicant; and (b)
each person who is required or entitled to attend the hearing; and
(c) if the application relates to: (i) a mandatory residential treatment order or related income management order – the senior treatment clinician for the treatment centre specified in the mandatory residential treatment order; or
(ii) a mandatory community treatment order or related income management order – a senior assessment clinician.
(3) The applicant or, if the applicant is a senior assessment clinician, a person nominated by the applicant, is required to attend the hearing. (4) Each of the following persons is entitled to attend the hearing but is
not required to do so unless ordered by the Tribunal:(a) the affected person;
(ba) the affected person's guardian (if any);
(bb) the affected person's decision maker (if any);
(b) the affected person's primary contact; (c) the affected person's representative (if any) or, if the President has appointed an advocate for the affected person, the advocate. 46 Orders that can be made by Tribunal
(1) Following the hearing of an application made under section 44 in relation to a mandatory treatment order, the Tribunal may do any of the following:
(a) vary the mandatory treatment order; (b) revoke the mandatory treatment order; (c)
revoke the mandatory treatment order and make a mandatory treatment order of a different type;
(d) dismiss the application.
(2)
Following the hearing of an application under section 44 in relation to an income management order, the Tribunal may do any of the following:
(a) vary the income management order; (b) revoke the income management order; (c) dismiss the application. (3) However, the Tribunal must not:
(a)
vary a mandatory treatment order unless satisfied there are grounds for doing so taking into consideration the criteria for a mandatory treatment order; or
(b)
vary a mandatory treatment order so that the total period it remains in force would exceed 6 months; or
(c)
revoke a mandatory treatment order unless satisfied, on the balance of probabilities, that the affected person:
(i) no longer meets one or more of the criteria for a mandatory treatment order; or
(ii) is, under section 9(2), a person in relation to whom a mandatory treatment order must not be made.
(4) In addition, the Tribunal must not vary an income management order so that the total period it remains in force would exceed 12 months.
(5) In considering an application relating to a mandatory residential
treatment order, the Tribunal must take into account any extension
of the duration of the order that has effect because of section 49(3).47 Additional power to vary or revoke income management order
(1) This section applies if, under section 46, the Tribunal:
(a) makes an order varying or revoking a mandatory treatment order that applies to a person; or (b) makes a mandatory treatment order that applies to a person. (2) Subject to section 46(4), the Tribunal may also make an order varying or revoking an income management order that applies to the person, whether or not an application for a variation or revocation of the income management order has been made.
48 Notice of order and information notice
If the Tribunal decides to make an order under section 46 or 47 in relation to a mandatory treatment order or income management order it must:
(a) give a copy of the order and an information notice for the decision to the affected person; and (b) give a copy of the order to the applicant; and (c) take reasonable steps to give a copy of the order to each of the following persons: (i) each other person who was entitled to attend the hearing;
(ii) if the order is a mandatory community treatment order or an order varying or revoking a mandatory community treatment order – the community treatment provider specified in the order and any other person named in the order.
Note for section 48
Under sections 120 and 121 the Tribunal is also required to give the Secretary a notice if an income management order is varied or revoked.
| Division 3 | Content of orders |
49 Mandatory treatment orders
(1) This section applies if the Tribunal makes a mandatory treatment
order.
(2) The following must be specified in the mandatory treatment order:
(a) the date on which the order comes into force; (b)
the period, not exceeding 3 months, during which the order will remain in force.
(3)
A mandatory residential treatment order must also specify that if the affected person is absent from the treatment centre after the expiry of any leave of absence granted under section 76, or otherwise than in accordance with this Act, the duration of the order is automatically extended by a period equal to the period of unauthorised absence.
Notes for section 49
1
Although a mandatory treatment order can be in force only for an initial period not exceeding 3 months, that period may be extended by a variation of the order.
2
No variation of a mandatory residential treatment order is necessary if the duration of the order is automatically extended because of subsection (3).
3
The senior treatment clinician must keep a record under section 67 of any automatic extension that has effect because of subsection (3) and give notice of the extension under section 76A.
50 Income management orders
(1) This section applies if the Tribunal makes an income management
order.(2) The following must be specified in the income management order:
(a)
the date on which the order comes into force, which must be the same date the mandatory treatment order to which the income management order is related comes into force;
(b)
the period, not exceeding 12 months, during which the order will remain in force.
| Division 4 | Appeals |
51 Appeals to Local Court
(1) A person who is entitled to be given an information notice may appeal to the Local Court against the decision stated in the notice.
(2) The appeal may be made in relation to a question of law only. (3) The appeal must:
(a) be started within 30 days after: (i) if the person receives an information notice for the decision – the day the person receives the notice; or
(ii) otherwise – the day the person becomes aware of the decision; and
(b) state fully the grounds on which it is made.
(4) The decision remains in force until the Local Court decides the
appeal.
(5) The appeal must be decided on the evidence that was before the Tribunal when the decision being appealed was made.
(6)
However, the Local Court may admit evidence that was not given to the Tribunal if the Court is satisfied there were special reasons for the evidence not being given.
(7) In deciding the appeal, the Local Court may:
(a) confirm the Tribunal's decision; or (b) vary the Tribunal's decision; or (c)
set aside the Tribunal's decision and substitute another decision that the Tribunal could have made.
| Division 5 | Suspension of mandatory treatment order |
52 Mandatory treatment order suspended while person subject to order under Mental Health Act
(1) A mandatory treatment order is automatically suspended for any period during which the affected person is:
(a) an involuntary patient under the Mental Health Act; or (b) an involuntary managed person.
(2) A mandatory treatment order is of no effect while suspended.
| Part 4 | Mandatory treatment |
| Division 1 | Treatment under mandatory residential treatment order |
53 Transfer to treatment centre
(1) This section applies if the Tribunal makes a mandatory residential treatment order in relation to a person.
(2) As soon as practicable after receiving a copy of the mandatory residential treatment order, a senior assessment clinician at the assessment facility at which the person is detained must arrange for:
(a)
the person to be taken to the treatment centre specified in the order; and
(b)
copies of any documents relevant to the admission and future treatment of the person, including the following, to accompany the person to the treatment centre:
(i)
a copy of the assessment report relating to the person prepared under section 22;
(ii) the name and contact details of:
(A) the person's primary contact; and (B) the person's guardian (if any); and (C) the person's decision maker (if any).
54 Admission and detention
(1) The senior treatment clinician for the treatment centre must admit the person to the centre and detain the person at the centre for the purpose of treatment while the mandatory residential treatment order is in force.
(2) While the mandatory residential treatment order is in force, the person must remain at the treatment centre unless he or she is permitted to absent himself or herself from the treatment centre in accordance with this Act.
55 Information to be given to person
(1) The senior treatment clinician must give the person:
(a) a rights statement; and (b) an oral explanation of the content of the rights statement. (2) The statement and explanation must be given as soon as practicable after the person is admitted to the treatment centre.
(3)
If the person is unable to communicate adequately in English but is able to communicate adequately in another language, the senior treatment clinician must, if practicable, arrange for the oral explanation to be given in the other language.
56 Treatment
(1) The person must be given treatment in accordance with the principles set out in section 6 and the treatment plan prepared under this section as revised from time to time.
(2) As soon as practicable after the person is admitted to the treatment centre, the senior treatment clinician must prepare a treatment plan for the person. (3) The senior treatment clinician must review the treatment plan on a
regular basis and revise the plan as required.57 Alcohol testing
The senior treatment clinician may direct that tests be carried out under section 125 to determine whether there is any alcohol present in the person's body.
58 Release from treatment centre
The senior treatment clinician must release the person from the treatment centre immediately:
(a)
on the expiry of the period during which the mandatory residential treatment order remains in force; or
(b)
on the revocation or suspension of the mandatory residential treatment order.
| Division 2 | Treatment under mandatory community treatment order |
59 Information to be given to community treatment provider
(1) This section applies if the Tribunal makes a mandatory community
treatment order in relation to a person.(2) As soon as practicable after receiving a copy of the mandatory community treatment order, a senior assessment clinician at the assessment facility at which the person is detained must arrange for:
(a)
the person to be released from the facility and, if appropriate, taken to premises at which the community treatment provider specified in the order provides treatment; and
(b)
copies of any documents relevant to the future treatment of the person, including the following, to be given to the community treatment provider:
(i)
a copy of the assessment report relating to the person prepared under section 22;
(ii) the name and contact details of:
(A) the person's primary contact; and (B) the person's guardian (if any); and (C) the person's decision maker (if any).
60 Information to be given to person
(1) The community treatment provider must ensure the person is given:
(a) a rights statement; and (b) an oral explanation of the content of the rights statement. (2) The statement and explanation must be given as soon as practicable after the person first attends for treatment.
(3) If the person is unable to communicate adequately in English but is able to communicate adequately in another language, the community treatment provider must, if practicable, arrange for the oral explanation to be given in the other language. 61 Treatment
(1) The person must be given treatment in accordance with the principles set out in section 6 and the treatment plan prepared under this section as revised from time to time.
(2) As soon as practicable after the person first attends for treatment, the community treatment provider must prepare a treatment plan for the person. (3) The community treatment provider must review the treatment plan on a regular basis and revise the plan as required.
62 Notice to be given if person no longer meets criteria
The community treatment provider must notify the person and a senior assessment clinician if, at any time, the community treatment provider is of the opinion that the person no longer meets one or more of the criteria for a mandatory treatment order.
Note for section 62
The person or the senior assessment clinician may then decide to apply for the revocation of the person's mandatory community treatment order under section 44.
63 Notice to be given of contravention
If the community treatment provider reasonably believes the person has contravened, or is likely to contravene, the mandatory community treatment order, the treatment provider must notify a senior assessment clinician of the contravention, or likely contravention.
Note for section 63
Following receipt of notice under this section, the senior assessment clinician may decide to apply for the mandatory community treatment order to be varied, revoked or replaced under section 44.
64 Person need not comply with mandatory community treatment order while detained
If the person is detained at an assessment facility for the purpose of an assessment while the mandatory community treatment order is in force, the person need not comply with the order while detained.
| Division 3 | Aftercare plans |
65 Preparation of aftercare plan
(1) An aftercare plan must be prepared for a person who receives treatment under a mandatory treatment order:
(a)
for a person receiving treatment at a treatment centre – by the senior clinician for the centre; or
(b)
for a person receiving treatment from a community treatment provider – by the community treatment provider.
(2) The aftercare plan must:
(a)
specify the follow-up treatment the person is required to receive after the expiry of the period specified in, or the revocation of, the mandatory treatment order; and
(b)
specify the period during which the treatment is to be received which must end not less than 3 months or more than 6 months after the expiry of the period specified in, or the revocation of, the mandatory treatment order; and
(c) be in the form approved by the CEO. (3) The senior treatment clinician or community treatment provider must take reasonable steps to ensure the following persons are consulted in the preparation of the aftercare plan and receive a copy of the final aftercare plan:
(a) the person to whom the plan relates; (b) the person's guardian (if any); (ba) the person's decision maker (if any);
(c) any person who would, under the aftercare plan, be involved in providing treatment or support to the person.
66 Lodgment with Tribunal
(1) An aftercare plan for a person must be lodged with the Tribunal:
(a)
as soon as practicable after an application for the revocation of the mandatory treatment order that applies to the person is made; or
(b)
if no such application is made – at least 7 days before the mandatory treatment order expires.
(2) The aftercare plan must be lodged by the person who prepared it.
| Division 4 | Administrative matters |
67 Records to be maintained at treatment centre
(1) The senior treatment clinician for a treatment centre must keep records of the following in relation to each person who is, from time to time, detained at the centre:
(a)
details of all treatment given to the person in the treatment centre, and whether the treatment was given with or without the person's consent;
(b) any use of force against the person; (c)
details of any complaint made by the person in accordance with the complaint procedures;
(d) any leave of absence granted to the person; (e)
any automatic extension of the duration of the mandatory residential treatment order to which the person is subject that has effect because of section 49(3);
(f)
any notices of the person's unauthorised absence given under section 76A;
(g) any other information as directed by the CEO.
(2) The records must be kept in the manner directed by the CEO. (3) The senior treatment clinician must make the records available to the CEO on request.
68 Records to be maintained by community treatment provider
(1) A community treatment provider must keep records of the following in relation to each person who, from time to time, participates in treatment provided by the community treatment provider:
(a) details of all treatment given to the person by the community treatment provider; (b) any other information as directed by the CEO. (2) The records must be kept in the manner directed by the CEO. (3) The community treatment provider must make the records available
to the CEO on request.69 Access to records
(1) Each of the following persons may apply for access to information contained in records about the person that are kept under section 67 or 68:
(a) the person; (b) the person's guardian (if any); (ba) the person's decision maker (if any);
(c) if the person has died: (i) the person's nominated next of kin; or
(ii) the person's senior next of kin; or
(iii) the executor or administrator of the person's estate.
(2) The treatment provider may refuse the application if the treatment provider believes, on reasonable grounds, if the person is given access to the information:
(a) the person's health is likely to deteriorate; or (b) the person may become a danger to himself or herself or to someone else; or (c) someone mentioned in the information may be adversely affected or endangered.
(3) If the treatment provider refuses the application, the treatment provider must as soon as practicable:
(a) notify the applicant in writing of the decision; and (b)
inform the applicant of the applicant's right to apply to the CEO for a review of the decision.
(4) In this section:
senior next of kin, see section 3 of the Coroners Act.
70 Charge for consumables
A treatment provider may charge a person who participates in treatment provided by the treatment provider under this Act for items used by or for the person, including food, medication and other consumables.
71 Nomination of primary contact
(1) A person to whom a mandatory treatment order applies may nominate a person to be the person's primary contact under this Act or revoke or vary the nomination at any time.
(2) A nomination, variation or revocation by the person may be made orally to any of the following persons, who must record the nomination, variation or revocation:
(a)
the senior treatment clinician for the treatment centre specified in the person's mandatory treatment order;
(b)
an employee of the community treatment provider specified in the person's mandatory treatment order.
(3)
If a nomination, variation or revocation is made to an employee of a community treatment provider, the employee must also notify each other employee of the community treatment provider.
(4)
A senior treatment clinician or employee of a community treatment provider must, in performing his or her functions under this Act, ensure that effect is given to a nomination, or a variation or revocation of a nomination, if the clinician or employee is given notice of it.
| Division 5 | Offence |
73 Offence to permit contravention of mandatory treatment order
A person commits an offence if the person:
(a) intentionally supplies alcohol to another person; and (b)
knows the other person is a person to whom a mandatory treatment order applies.
Maximum penalty: 5 penalty units or imprisonment for 1 month.
| Part 5 | Provisions relating to persons detained at assessment facilities and treatment centres |
| Division 1 | General matters |
74 Administration of medication
(1) A medical practitioner, or a qualified person acting on the direction of a medical practitioner, may administer medication to a person who is detained at an assessment facility or treatment centre under this Act. (2) However, medication must not be administered except:
(a) with the consent of the person; or (b) if the administration is: (i) necessary to prevent a risk of imminent harm to the person or any other person; and
(ii) the least restrictive intervention available to address the risk.
(3) In exercising a power under subsection (1), a person must comply
with any clinical or program guidelines issued by the CEO.75 Use of reasonable force
(1) An authorised person may use reasonable force to restrain a person who is detained at an assessment facility or treatment centre if necessary to:
(a) enable a senior assessment clinician to conduct an assessment of the person; or (b) enable the person to be detained at the facility or centre; or (c) prevent a risk of imminent harm to the person or any other person; or (d) maintain the good order and security of the facility or centre.
(2) In exercising a power under subsection (1), an authorised person must comply with any clinical or program guidelines issued by the CEO.
(3) To avoid doubt, this section does not authorise the administration of
medication.(4) In this section:
authorised person means a police officer or an authorised officer.
76 Leave of absence
(1) This section applies to a person who is detained at an assessment
facility or treatment centre.(2) A senior assessment clinician at the assessment facility or the senior treatment clinician for the treatment centre may permit the person to be absent from the facility or centre on any conditions considered appropriate by the clinician.
| 76A | Giving notice of unauthorised absence from treatment centre |
(1) This section applies if an affected person is absent from a treatment
centre:
(a)
after the expiry of a period of leave of absence granted under section 76; or
(b) otherwise than in accordance with this Act. (2)
The senior treatment clinician must give the Tribunal a notice of the extension of the duration of the mandatory residential treatment order for the affected person that has effect because of section 49(3).
(3) The senior treatment clinician must also take reasonable steps to give a notice of the matter mentioned in subsection (2) to each person who was given a copy of the mandatory residential treatment order under section 37 or 48.
77 Power to search persons
(1) This section applies to a person who is detained at an assessment
facility or treatment centre.(2) A police officer or an authorised officer (each a search officer) may carry out a frisk search or ordinary search of the person if the search officer reasonably believes it is necessary to do so to prevent a risk of imminent harm to the person or any other person. (3) The search officer may seize anything found on or with the person in the course of carrying out the frisk search or ordinary search if the officer reasonably believes it is necessary to do so to prevent a risk of imminent harm to the person or any other person. (4) As soon as practicable after exercising a power under this section,
a search officer must:
(a) make a record of the exercise of the power in the form approved by the CEO; and (b) place the record with records kept at the assessment facility or treatment centre in relation to the person. 78 Search and seizure generally
(1) A frisk search is:
(a)
a search of a person conducted by quickly running the hands over the person's outer clothing or by passing an electronic metal detection device over or in close proximity to the person's outer clothing; or
(b)
an examination of a thing worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to the thing.
(2) An ordinary search is a search of a person or of things in the possession of the person that may include:
(a)
requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes and hat; and
(b) an examination of those things.
(3) A frisk search or ordinary search carried out under this Act must be carried out by a person who is of the same sex as the person being searched. (4) If a person seizes any of the following things in the course of carrying out a frisk search or ordinary search under this Act, the person must, as soon as practicable after seizing the thing, give it to a police officer:
(a) a firearm as defined in section 3(1) of the Firearms Act; (b)
a controlled weapon, offensive weapon or prohibited weapon as defined in section 3 of the Weapons Control Act;
(c)
a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act.
(5) If the person carrying out the frisk search or ordinary search seizes
any other thing, the person may destroy or otherwise dispose of it.(6) A person may use the force and assistance that is necessary and reasonable to carry out a frisk search or ordinary search under this Act. 79 Power to apprehend persons
(1) A senior assessment clinician must direct a police officer or authorised officer to apprehend a person, and take the person to an assessment facility, if:
(a)
the person has been granted leave of absence under section 76 but fails to return to the assessment facility at the expiry of the leave or fails to comply with a condition of the permission; or
(b)
the person absents himself or herself from an assessment facility otherwise than in accordance with this Act.
(2) A senior treatment clinician for a treatment centre must direct a police officer or authorised officer to apprehend a person to whom a mandatory residential treatment order applies, and take the person to the treatment centre, if:
(a)
the person has been granted leave of absence under section 76 but fails to return to the treatment centre at the expiry of the leave or fails to comply with a condition of the permission; or
(b)
the person absents himself or herself from the treatment centre otherwise than in accordance with this Act.
(3) Any of the following persons may apprehend a person mentioned in
subsection (1) or (2):
(a) a police officer; (b) an authorised officer. (4) A person who is apprehending a person mentioned in subsection (1) or (2) may use the force and assistance that is necessary and reasonable to apprehend and take the person to the assessment facility or treatment centre.
80 Police assistance in apprehending persons
(1) A senior assessment clinician or senior treatment clinician may request that a police officer assist in apprehending a person if the clinician is of the opinion that to do so is necessary for the person to be apprehended safely.
(2) A police officer to whom the request is made may assist, or cause or arrange for another police officer to assist, in apprehending and taking the person to an assessment facility or treatment centre. (3) A police officer may enter, and use reasonable force to gain entry
to, premises to apprehend a person for the purposes of this Act.
(i) at an assessment facility or treatment centre; or
(ii) by a treatment provider;
(d) an authorised officer; (e) a community visitor or member of a community visitors panel; (f)
a person who works for the Health and Community Services Complaints Commission established under section 7 of the Health and Community Services Complaints Act.
105 Term of appointment
(1) A member of the Tribunal holds office for 3 years or the shorter period specified in the appointment.
(2) The member is eligible for reappointment. (3) However, a person cannot be appointed for more than 2 consecutive terms except in exceptional circumstances.
(4) For this section, terms of appointment are consecutive if less than 6 months elapses between the end of one term and the start of the next term. 106 President and Deputy President
(1) The Minister must appoint:
(a) a member appointed under section 104(2)(a) to be the President of the Tribunal; and (b) another member appointed under section 104(2)(a) to be the Deputy President of the Tribunal. (2) The Deputy President may exercise the powers and perform the functions of the President if the President:
(a) vacates office; or (b) is absent from the Territory; or (c) is unable for another reason to exercise the powers or perform the functions of the President.
(3) In addition, a member of the Tribunal appointed under section 104(2)(a) may exercise the powers or perform the functions of the President as and when directed by the President.
107 Vacation of office
A person who is a member of the Tribunal ceases to be a member if:
(a) the person resigns by giving written notice to the Minister; or (b)
the person's term of office comes to an end and the person is not reappointed; or
(c)
the person's appointment is terminated under section 108(1) or (2).
108 Termination of appointment
(1) The Minister may terminate the appointment of a person as a member of the Tribunal for inability, inefficiency, misbehaviour or physical or mental incapacity.
(2) The Minister must terminate the appointment of a person as a member of the Tribunal if:
(a)
the person ceases to hold a qualification or status that was a prerequisite for his or her being appointed; or
(b)
the person is found guilty of an offence of such a nature that it would be inappropriate for the person to continue to be a member; or
(c) the person:
(i) becomes bankrupt; or (ii)
applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or
(iii)
compounds with creditors or makes an assignment of the person's remuneration for their benefit.
(3) A termination of appointment must be made in writing. 109 Composition of Tribunal
(1)
When the Tribunal is to exercise any of its powers or perform any of its functions, the President must, subject to this Act, nominate 3 members of the Tribunal to exercise the power or perform the function.
(2) Of the persons nominated under subsection (1):
(a)
one must be the President, Deputy President or another member appointed under section 104(2)(a); and
(b)
one must be a member appointed under section 104(2)(b); and
(c) one must be a member appointed under section 104(2)(c). (3) The President may nominate more than one series of members under subsection (1) at any one time and the members nominated may exercise the powers and perform the functions of the Tribunal in respect of different matters at the same time.
110 Replacement of member
(1) This section applies if:
(a) a proceeding is being conducted by the Tribunal; and (b) one of the members (the original member) constituting the Tribunal vacates office or becomes incapable of continuing to conduct the proceeding. (2) The President must nominate another member of the Tribunal to replace the original member and the Tribunal must continue to conduct the proceeding.
(3) The member nominated under subsection (2) must be a member appointed from the same class mentioned in section 104(2) as the original member.
111 Registrar and Deputy Registrars of Tribunal
(1) The Minister:
(a)
must appoint a public sector employee to be the Registrar of the Tribunal; and
(b)
may appoint a public sector employee to be a Deputy Registrar of the Tribunal.
(2) The Registrar and a Deputy Registrar of the Tribunal may exercise
the powers and perform the functions conferred by the Tribunal.(3)
All notices, applications and other documents required to be given or made to the Tribunal must be lodged with the Registrar or a Deputy Registrar.
| Division 2 | General provisions for proceedings |
112 Form and lodgment of applications
(1) The President may approve forms for use under this Act relating to
a proceeding except the following:
(a) forms approved by the CEO in accordance with this Act; (b)
a notice relating to income management given under Part 6, Division 3.
(2) If the President has approved a form for an application, the applicant must use the approved form and include in the form the information it requires.
113 Right of appearance and representation
(1) An affected person:
(a) may represent himself or herself at a hearing; or (b) may appoint a legal practitioner to represent the affected person at the proceeding. (2) If the affected person is unrepresented, the President may appoint
an advocate for the affected person:
(a) to represent the best interests of, and assist, the affected person in a proceeding; and (b) to perform any other functions conferred on the advocate by the Tribunal or under this or any other Act. (3) The advocate must be:
(a) a legal practitioner; or (b) a person who is approved by the CEO and has expertise in the general care, health care, rehabilitation or treatment of persons who are misusing alcohol. (4) The advocate must be provided at no cost to the affected person. (5) To avoid doubt, the Tribunal may conduct the hearing in the absence of the affected person or the affected person's representative if the affected person or the representative was given reasonable notice of the hearing and refused or failed to attend.
114 Conduct of proceeding generally
(1) In a proceeding, the Tribunal is bound by the rules of natural
justice.
(2) The President, Deputy President or member appointed under section 104(2)(a) must decide all questions of law arising in a proceeding.
(3) The Tribunal must keep a record of:
(a)
its proceedings, including a record of evidence given to the Tribunal; and
(b) its decisions and reasons for the decisions. (4) The record may be kept in any manner the Tribunal considers
suitable.
(5) The President may issue practice directions relating to the procedure of the Tribunal.
(6) Subject to this Act, the regulations and practice directions issued by the President, the procedure of the Tribunal is to be as decided by the Tribunal. 115 Conduct of hearing
(1) The hearing of an application must not be open to the public. (2) The hearing of an application must be conducted with as little formality and technicality, and with as much expedition, as a proper consideration of the subject matter of the proceeding permits.
(3) The Tribunal may adjourn a hearing of an application if there are exceptional circumstances for doing so.
(4) A Tribunal order that is in force at the adjournment of a hearing remains in force during the adjournment even if, but for this subsection, it would have expired during the adjournment.
116 Interpreter
(1) If an affected person is unable to communicate adequately in English but is able to communicate adequately in another language, the Tribunal must, to the extent that is reasonably practicable, permit the person to have access to an interpreter to assist the person:
(a) to prepare for the hearing; and (b) when appearing at the hearing.
(2) The interpreter must be provided at no cost to the person. 117 Evidence
(1)
The Tribunal is not bound by the rules of evidence but may inform itself of a matter relevant to a proceeding in the way it considers appropriate.
(2) Evidence in a proceeding may be given orally or in writing. (3) However, the Tribunal may require evidence to be given on oath. (4) The Tribunal may require a person to appear before it to do one or
both of the following:
(a) answer a question relevant to the proceeding; (b) produce a document relevant to the proceeding. (5) Evidence given to the Tribunal cannot be used in civil or criminal
proceedings.
118 Reports of reasons for decisions
(1) The President may prepare and publish reports of the reasons for the Tribunal's decisions.
(2) However, the reports must not include the name of the affected person for a proceeding or any other material that may disclose the person's identity.
| Division 3 | Notices relating to income management |
119 Eligible welfare payment recipient
A person is an eligible welfare payment recipient if, under
Part 3B of the Social Security (Administration) Act 1999 (Cth):
(a) the person is an eligible recipient of a category H welfare payment; or (b) the person's partner is an eligible recipient of a category H welfare payment.
120 Notice to Secretary requiring income management
(1) This section applies if the Tribunal makes:
(a) an income management order; or (b)
an order that varies an income management order by extending or reducing the period the income management order is in force.
(2) The Tribunal must give the Secretary:
(a)
a notice requiring that the person be subject to income management; and
(b) a copy of the income management order or variation order. 121 Notice to Secretary revoking requirement for income management
(1) This section applies if the Tribunal makes an order revoking an income management order.
(2) The Tribunal must give the Secretary:
(a)
a notice revoking the requirement that the person be subject to income management; and
(b) a copy of the order revoking the income management order.
| Division 4 | Other matters |
122 Contempt
A person must not intentionally engage in any of the following conduct:
(a) threatening, intimidating or insulting the Tribunal, or a member of the Tribunal, in relation to the performance of the functions or the exercise of the powers of the Tribunal by the Tribunal or member; (b) interrupting, obstructing or hindering a proceeding of the Tribunal; (c) creating a disturbance, or taking part in creating or continuing a disturbance, in or near a place where the Tribunal is sitting.
Maximum penalty: 20 penalty units.
123 Offence to publish or broadcast name or report
(1) A person commits an offence if the person:
(a)
intentionally publishes or broadcasts the name of an affected person for a proceeding; and
(b)
is reckless as to whether the person whose name is published or broadcast is an affected person.
Maximum penalty: 200 penalty units or imprisonment for
12 months.(2) A person commits an offence if the person:
(a)
intentionally publishes or broadcasts a report (other than an official report) of a hearing that identifies or may identify an affected person; and
(b)
is reckless as to whether the report identifies or may identify the affected person.
Maximum penalty: 200 penalty units or imprisonment for
12 months.(3) Subsection (1) or (2) does not apply to an individual:
(a)
who, in the course of performing the individual's functions under this or any other Act in connection with an affected person, gives information to a person relevant to the affected person; or
(b)
who reasonably believes it is his or her duty to give the information to another person (for example, to inform the other person that someone is a person for whom alcohol should not be purchased).
(4) In addition, subsection (1) or (2) does not apply if the publication or
broadcast is made by, or with the consent of, the affected person.124 Annual report
(1) The President must give the Minister a report on the Tribunal's operations during each financial year within 3 months after the end of the financial year.
(2) The report may be contained within a report of an Agency or other
statutory body.(3) The Minister must ensure a copy of the report is tabled in the Legislative Assembly within 6 sitting days after receiving it.
| Part 7 | Miscellaneous provisions |
| Division 1 | Alcohol testing |
125 Person must submit to testing
(1) This section applies if:
(a)
a direction is given under section 57 for a test to be carried out under this section in relation to a person; or
(b)
a person is required to undergo alcohol testing under a mandatory community treatment order.
(2)
The person must submit to the taking of samples of such quantity of the person's breath by a testing officer as is reasonably necessary for determining whether there is alcohol present in the person's body.
(3) A testing officer, and an authorised officer assisting the testing officer, may use the force and assistance that is necessary and reasonable to ensure the samples are taken under subsection (2).
126 Testing officers
The CEO may authorise a person to take samples of the breath of a person to whom a mandatory treatment order applies for determining whether there is alcohol present in the person's body.
| Division 2 | Declaration of premises, appointment and functions of officers and authorisation of persons |
127 Assessment facilities
The CEO may, by Gazette notice, declare premises (including part of a building or place) to be an assessment facility.
128 Treatment centres
The CEO may, by Gazette notice, declare premises (including part of a building or place) to be a secure residential treatment centre.
129 Functions of CEO
(1) The CEO has the following functions under this Act:
(a)
providing clinical governance for assessment and treatment under this Act;
(b)
issuing clinical and program guidelines for assessment facilities, treatment centres and community treatment providers;
(c) conducting investigations into clinical matters; (d) approving forms for use under this Act; (e) any other functions specified in this Act. (2) The CEO may delegate any of the CEO's powers and functions under this Act to a public sector employee.
130 Clinical director
(1) The CEO may appoint a person to be the clinical director for the purposes of this Act.
(2) The person must be a medical practitioner employed by the
Agency.
131 Senior assessment clinicians
(1) The CEO may appoint a person to be a senior assessment
clinician.
(2) The person must be:
(a) employed by the Agency; and (b) either: (i) a medical practitioner; or
(ii) a person who, in the CEO's opinion, holds a qualification and has experience appropriate for the assessment of persons for misuse of alcohol.
(3) A senior assessment clinician has the following functions:
(a) conducting assessments and overseeing the care of persons at assessment facilities; (b) managing the process for dealing with persons who contravene mandatory community treatment orders; (c) any other functions specified in this Act. (4) A senior assessment clinician must comply with any clinical or program guidelines issued by the CEO.
132 Residential treatment providers
(1) The CEO may, by Gazette notice, authorise a person to be a residential treatment provider.
(2) The person must:
(a)
have appropriate clinical and organisational governance (including quality management); and
(b)
be capable of providing treatment to persons that includes the following:
(i)
appropriate ongoing assessment, treatment selection and case management;
(ii) therapeutic and evidence-based programs; (iii) living and life skills development; (iv) work skills development where appropriate for a person; (v)
management of medical issues and integration of treatment with other services;
(vi) aftercare planning.
(3)
The CEO may revoke the authorisation if the CEO is of the opinion that the person is failing to meet any of the requirements mentioned in subsection (2).
(4) A residential treatment provider must comply with any clinical or program guidelines issued by the CEO.
133 Senior treatment clinicians
(1) The CEO must appoint a person to be the senior treatment clinician
for a treatment centre.(2) The person must be:
(a) a medical practitioner; or (b) a person who, in the CEO's opinion, holds a qualification and has experience appropriate for the treatment of persons who are misusing alcohol. (3) A senior treatment clinician must comply with any clinical or program guidelines issued by the CEO.
134 Community treatment providers
(1) The CEO may, by Gazette notice, authorise a person to be a community treatment provider.
(2) A community treatment provider must comply with any clinical or program guidelines issued by the CEO.
135 Authorised officers
(1) An authorised officer is
(a) a person holding an appointment as an authorised officer under subsection (2); or (b) a senior assessment clinician; or (c) a senior treatment clinician. (2) The CEO may appoint a person to be an authorised officer. (3) The person must hold the qualifications specified in the directions made under subsection (5).
(4) An authorised officer:
(a) has the following functions:
(i) supervising and assisting with the management of persons detained in assessment facilities and treatment centres; (ii) transporting persons to and from assessment facilities and treatment centres; (iii) searching persons detained at assessment facilities and treatment centres; (iv) apprehending persons under section 79; (v) any other function imposed on the officer by this or any other Act; and (b) has the powers necessary or convenient for performing those functions.
(5) The CEO must issue directions specifying the qualifications required of authorised officers, the training requirements for authorised officers, and any other matter the CEO considers appropriate for the performance of the functions mentioned in subsection (4).
| Division 3 | Other matters |
136 Act does not limit or affect other powers
(1) Powers conferred on a police officer under this Act are in addition to and not in derogation of any other power the police officer may have under any other Act or any other law in force in the Territory. (2) This Act does not prevent a person from providing emergency health care or taking emergency action to save a person's life.
137 Transport of persons to and from assessment facilities and treatment centres
(1) This section applies if:
(a) a person is, under this or any other Act, required to be taken to an assessment facility for an assessment; or (b) a person is otherwise to be taken to or from an assessment facility or treatment centre under this Act.
(2) A transport officer is authorised to take the person to or from the assessment facility or treatment centre.
(3) If necessary to enable the person to be taken to or from the assessment facility or treatment centre safely, a transport officer may use reasonable force to restrain the person.
(4)
A transport officer may carry out a frisk search or ordinary search of the person if the officer reasonably suspects the person is carrying anything:
(a)
that would present a danger to the officer, the person or any other person; or
(b)
that could be used to assist the person to escape from the officer's custody.
(5) The transport officer may seize anything found on or with the
person in the course of carrying out the frisk search or ordinary
search if it is a thing of a type mentioned in subsection (4)(a) or (b).
| 137A | Requirements in relation to decision makers |
(1) If a person (person A) is required by a provision of this Act to perform a function in relation to a decision maker for a person (person B), it is sufficient compliance with that provision if person A:
(a) takes reasonable steps to ascertain whether person B has a decision maker; and (b) takes reasonable steps to perform the function in relation to any decision maker for person B whom person A is aware of after complying with paragraph (a).
(2) In this section, to perform a function in relation to a decision maker includes the following:
(a) to notify the decision maker; (b) to consult the decision maker; (c) to give person B the opportunity to speak to the decision maker; (d) to give the decision maker's name and contact details to another person.
138 Misleading information
(1) A person commits an offence if:
(a) the person gives information to another person; and (b) the person knows the information is misleading; and (c)
the person knows the other person is acting in an official capacity.
Maximum penalty: 200 penalty units or imprisonment for
2 years.(2) A person commits an offence if:
(a) the person gives a document to another person; and (b)
the person knows the document contains misleading information; and
(c)
the person knows the other person is acting in an official capacity.
Maximum penalty: 200 penalty units or imprisonment for
2 years.(3) Subsection (2) does not apply if the person, when giving the
document:
(a)
draws the misleading aspect of the document to the other person's attention; and
(b)
to the extent to which the person can reasonably do so – gives the other person the information necessary to remedy the misleading aspect of the document.
(4) In this section:
acting in an official capacity, in relation to a person, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
139 Protection from liability
(1)
A 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 of a power or performance of a function as any of the following:
(a) the CEO; (b) the clinical director; (c) a senior assessment clinician; (d) a senior treatment clinician; (e) an authorised officer; (f) a transport officer; (g) a testing officer; (h) a community visitor; (i) a member of a community visitors panel. (2)
In addition, a person is not civilly or criminally liable for an act done, or omitted to be done, by the person in good faith and exercising due diligence in the course of providing treatment to a person to whom a mandatory treatment order applies.
(3) Subsections (1) and (2) do not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(4) In this section: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of
the function.140 Collection and disclosure of information
(1) The Agency may collect information about persons treated under this Act from treatment providers.
(2) A treatment provider must disclose to the Agency information about
a person to whom it provides treatment under this Act.(3)
The Agency may disclose information about a person to a treatment provider who is providing, or will provide, treatment to the person under this Act.
(4)
The Police Force of the Northern Territory is authorised to disclose information and a unique identifier about an assessable person to the Agency for the purposes of this Act.
(5) In this section:
information includes personal information, and sensitive
information, as defined in section 4 of the Information Act.
unique identifier, see section 4 of the Information Act.
141 Confidentiality of information
(1) A person commits an offence if the person:
(a)
obtains information in the course of performing functions connected with the administration of this Act; and
(b)
engages in conduct that results in the disclosure of the information.
Maximum penalty: 200 penalty units or imprisonment for
2 years.(2) Subsection (1) does not apply if:
(a) the person discloses the information: (i) for the administration of this Act; or
(ii) with the consent of the person to whom the information relates; or
(iii) for legal proceedings arising out of the operation of this Act; or
(b) the information is otherwise available to the public.
(3) In addition, subsection (1) does not apply if the information is
disclosed:
(a) in accordance with section 140; or (b)
to a health service provider for providing a health service or health program to a person; or
(c) to a health profession body; or (d) to a law enforcement agency for a criminal investigation; or (e)
to another person if the person who discloses the information reasonably believes the disclosure is necessary:
(i)
to prevent the person to whom the information relates from causing harm to himself or herself or others; or
(ii)
to prevent the person to whom the information relates from destroying property if that destruction could involve the risk of harm to himself or herself or others.
Note for subsection (3)
In addition to the circumstances mentioned in subsections (2) and (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
(4) In this section:
health profession body means:
(a)
a National Health Practitioner Board established under the Health Practitioner Regulation National Law; or
(b)
a State or Territory Board established under that Law by a Board mentioned in paragraph (a); or
(c)
the Australian Health Practitioner Regulation Agency established under that Law.
health program, see section 5 of the Health Practitioner
Regulation National Law.health service, see section 5 of the Health Practitioner Regulation
National Law.health service provider, see section 5 of the Health Practitioner
Regulation National Law.law enforcement agency, see section 4 of the Information Act. 142 Regulations
The Administrator may make regulations under this Act.
| Part 8 | Repeal and transitional matters |
| Division 1 | Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act |
143 Definitions
In this Division:
commencement day means the day on which section 144
commences.repealed Act means the Alcohol Reform (Prevention of
Alcohol-related Crime and Substance Misuse) Act.
144 Repeal
The Alcohol Reform (Prevention of Alcohol-related Crime and
Substance Misuse) Act 2011 (Act No. 18 of 2011) is repealed.
145 Certain notices given, orders made under repealed Act
(1)
Despite the terms of a BAT notice given, or a GAP order or BADT order made, before the repeal of the repealed Act, the notice or order has no effect on or after the commencement day, except that the following continue in force in accordance with their terms:
(a)
a condition in a BADT order that requires a person to be subject to income management;
(b)
a notice requiring a person to be subject to income management given to the Secretary under the Social Security (Administration) Act 1999 (Cth).
(2)
The Tribunal has all the powers and may perform all the functions that the Alcohol and Drugs Tribunal had immediately before the commencement day in relation to proceedings relating to a BADT order mentioned in subsection (1)(a) or a notice mentioned in subsection (1)(b).
(3)
The President has all the powers and may perform all the functions that the Chairperson of the Alcohol and Drugs Tribunal had immediately before the commencement day relating to the proceedings referred to in subsection (2).
146 Clinicians
The following provisions of the repealed Act continue to apply as if they were still in force despite the repeal of the repealed Act:
(a) section 75; (b) section 77, in so far as it relates to clinicians.
| Division 2 | Alcohol Reform (Substance Misuse Assessment and Referral for Treatment Court) Act |
147 Definitions
In this Division:
commencement day means the day on which section 148
commences.repealed Act means the Alcohol Reform (Substance Misuse
Assessment and Referral for Treatment Court) Act.
148 Repeal
The Alcohol Reform (Substance Misuse Assessment and Referral for Treatment Court) Act 2011 (Act No. 19 of 2011) is repealed.
149 SMART orders made under repealed Act
(1) The repealed Act continues to apply as if it were still in force in relation to a SMART order made on or before 31 December 2012 as if a reference in the repealed Act to the Registrar were a reference to a Registrar of the Local Court and a reference to the SMART Court were a reference to:
(a) the Chief Magistrate; or (b) a person who was, immediately before the commencement day, a magistrate who had been appointed to the SMART Court by the Chief Magistrate under section 7(2) of the repealed Act.
(2) A SMART order made after 31 December 2012 ceases to be in force on the commencement day.
(3)
Sections 30 and 31 of the repealed Act continue to apply as if they were still in force in relation to the offender for whom a SMART order has been made after 31 December 2012 as if:
(a)
the SMART order had been revoked on the commencement day, but not under Part 5 of the repealed Act; and
(b)
references in those sections to the Court were references to the Court of Summary Jurisdiction.
ENDNOTES
1 KEY
Key to abbreviations
| amd = amended app = appendix | od = order |
| 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 hdg = heading ins = inserted lt = long title | sch = Schedule |
| sdiv = Subdivision | |
| SL = Subordinate Legislation | |
| sub = substituted | |
| nc = not commenced |
2 LIST OF LEGISLATION
Alcohol Mandatory Treatment Act 2013 (Act No. 17, 2013)
Assent date 28 June 2013 Commenced 1 July 2013 (s 2)
Advance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)
Assent date 19 December 2013 Commenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);
rem: 17 March 2014 (Gaz S14, 17 March 2014)
Alcohol Mandatory Treatment Amendment Act 2014 (Act No. 46, 2014)
Assent date 8 December 2014 Commenced
pt 2 (other than ss 4 and 5): 15 January 2015 (Gaz S2, 15 January 2016, p 1); rem: 27 January 2016 (Gaz G4, 27 January 2016, p 2)
Information Amendment Act (No. 2) 2015 (Act No. 29, 2015)
Assent date 8 December 2015 Commenced 1 May 2016 (Gaz G17, 27 April 2016, p 2)
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) 3 LIST OF AMENDMENTS
| s 5 | amd No. 36, 2013, s 52; No. 15, 2016, s 117 |
| s 8 | amd No. 46, 2014, s 4 |
| s 9 | amd No. 46, 2014, s 5 |
| s 16 | amd No. 36, 2013, s 53 |
| s 23 | amd No. 36, 2013, s 54 |
| s 31 | amd No. 36, 2013, s 55 |
| s 45 | amd No. 36, 2013, s 56 |
| s 46 | amd No. 46, 2014, s 6 |
| s 49 | amd No. 46, 2014, s 7 |
| s 53 | amd No. 36, 2013, s 57 |
| s 58 | amd No. 46, 2014, s 8 |
| s 59 | amd No. 36, 2013, s 58 |
| s 65 | amd No. 36, 2013, s 59 |
| s 67 | amd No. 46, 2014, s 9 |
| s 69 | amd No. 36, 2013, s 60 |
| pt 4 | |
| div 5 hdg | amd No. 46, 2014, s 10 |
| s 72 | rep No. 46, 2014, s 11 |
| s 76A | ins No. 46, 2014, s 12 |
| s 82 | amd No. 36, 2013, s 61 |
| s 92 | amd No. 36, 2013, s 62 |
| s 137A | ins No. 36, 2013, s 63 |
| s 140 | amd No. , 2015, s 51 |
| pt 9 hdg | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 1 hdg | exp No. 17, 2013, s 181 |
| ss 150 – 151 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 2 hdg | exp No. 17, 2013, s 181 |
| ss 152 – 153 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 3 hdg | exp No. 17, 2013, s 181 |
| ss 154 – 155 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 4 hdg | exp No. 17, 2013, s 181 |
| ss 156 – 157 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 5 hdg | exp No. 17, 2013, s 181 |
| ss 158– 160 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 6 hdg | exp No. 17, 2013, s 181 |
| ss 161 – 163 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 7 hdg | exp No. 17, 2013, s 181 |
| ss 164 – 171 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 8 hdg | exp No. 17, 2013, s 181 |
| ss 172 – 173 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 9 hdg | exp No. 17, 2013, s 181 |
| ss 174 – 176 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 10 hdg | exp No. 17, 2013, s 181 |
| ss 177 – 178 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 11 hdg | exp No. 17, 2013, s 181 |
| ss 179 – 180 | exp No. 17, 2013, s 181 |
| pt 9 | |
| div 12 hdg | exp No. 17, 2013, s 181 |
| s 181 | exp No. 17, 2013, s 181 |
0
0
0