South Australia
Public Intoxication Act 1984
An Act to provide for the apprehension and care of persons found in a public place under the influence of a drug; and to provide for other incidental matters.
Contents
Part 1—Preliminary
1Short title
2Objects and guiding principles
4Interpretation
5Administrative provisions
6Application of Act
Part 2—Apprehension and care of persons under the influence of a drug
7Apprehension of intoxicated persons
8Application for declaration
9Transfer of persons detained in sobering-up centres
Part 3—Miscellaneous
10Custody of persons detained
11Offence of ill-treating or neglecting persons detained
12Offence to remove or aid escape of detained person
13Immunity relating to official powers or functions
15Regulations
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Public Intoxication Act 1984.
2—Objects and guiding principles
(1)The object of this Act is—
(a)to promote the minimisation of harm that may befall a person in a public place as a result of a person's intoxication; and
(b)for that purpose, to confer appropriately limited powers—
(i)to remove an intoxicated person from a public place in which the person is vulnerable or may become a threat; and
(ii)to take the person to a place of safety until the person is recovered.
(2)In the performance of their functions under this Act, the Minister, police officers, authorised officers and other persons or bodies involved in the administration of this Act are to be guided by the following principles:
(a)primary concern is to be given to the health and well‑being of a person apprehended under this Act;
(b)a person detained under this Act should, where practicable, be detained in a place other than a police station.
4—Interpretation
In this Act, unless the contrary intention appears:
authorised officer means a person appointed as an authorised officer for the purposes of this Act;
child means a person under the age of 18 years;
close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include—
(a)the relationship between a legally married couple; or
(b)a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
domestic partner—a person is the domestic partner of another if the person lives with the other in a close personal relationship;
drug includes alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning;
officer in charge, in relation to a police station, means the police officer for the time being in charge of the police station;
person in charge, in relation to a sobering-up centre, means…