VOLATILE SUBSTANCE ABUSE PREVENTION REGULATIONS 2006

NORTHERN TERRITORY OF AUSTRALIA VOLATILE SUBSTANCE ABUSE PREVENTION REGULATIONS 2006 As in force at 1 July 2021 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Forms .............................................................................................. 1 Part 2 Preventing inhalation and protecting health and safety Division 1 Records of searches, seizures and apprehensions 5 Application of Division ..................................................................... 2 6 Records of search and seizure ........................................................ 2 7 Records of apprehension................................................................. 2 Division 2 Holding apprehended child in police cell 8 When apprehended child may be held in police cell ........................ 3 9 Approved carer ................................................................................ 4 10 Emergency response plan ............................................................... 4 Part 3 Treatment warrants 11 Form of application for treatment warrant ........................................ 4 12 Making application for treatment warrant by telephone ................... 4 13 Form of treatment warrant ............................................................... 5 14 Issuing treatment warrant on application by telephone.................... 5 Schedule ENDNOTES -- 1 of 11 -- -- 2 of 11 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 July 2021 ____________________ VOLATILE SUBSTANCE ABUSE PREVENTION REGULATIONS 2006 Regulations under the Volatile Substance Abuse Prevention Act 2005 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Volatile Substance Abuse Prevention Regulations 2006. 2 Commencement These Regulations come into operation on the commencement of the Volatile Substance Abuse Prevention Act 2005. 3 Definitions In these Regulations: apprehended child means a child taken to a police station under section 22(3) of the Act to be held in protective custody. approved carer, see regulation 9. emergency response plan, see regulation 10. local authority means a local authority established under section 76 of the Local Government Act 2019. 4 Forms A reference in these Regulations to a form by number is a reference to the form of that number in the Schedule. -- 3 of 11 -- Part 2 Preventing inhalation and protecting health and safety Division 1 Records of searches, seizures and apprehensions Volatile Substance Abuse Prevention Regulations 2006 2 Part 2 Preventing inhalation and protecting health and safety Division 1 Records of searches, seizures and apprehensions 5 Application of Division This Division applies to the keeping of records of actions taken under Part 2, Division 2 or 3 of the Act, as required by section 12 of the Act. 6 Records of search and seizure (1) The records of actions in relation to a person referred to in section 13(1) of the Act must include the following information: (a) a brief description of the actions; (b) if the actions are taken by a police officer – the officer's name, rank and number; (c) if the actions are taken by an authorised person – the authorised person's name; (d) the date, time and place of the actions; (e) the age (or approximate age) of the person; (f) the gender of the person; (g) the details of any volatile substance given to or seized by the police officer or authorised person. (2) The records may include other information relevant to the actions. 7 Records of apprehension (1) The records of actions in relation to an apprehended person must include the following information: (a) a brief description of the actions; (b) if the actions are taken by a police officer – the officer's name, rank and number; (c) if the actions are taken by an authorised person – the authorised person's name; (d) the date, time and place of the apprehension; -- 4 of 11 -- Part 2 Preventing inhalation and protecting health and safety Division 2 Holding apprehended child in police cell Volatile Substance Abuse Prevention Regulations 2006 3 (e) the name (if given) and age (or approximate age) of the apprehended person; (f) the gender of the apprehended person; (g) if the apprehended person is released under section 21(1)(a) of the Act into the care of a person (the carer) at a place of safety – the name of the carer and the address of the place; (h) if the apprehended person is released under section 21(1)(b) of the Act into a responsible adult's care – the name, address and other relevant particulars of the responsible adult; (i) if section 21(2) of the Act applies – whether a parent or guardian of the apprehended person has been informed and, if not, the efforts made to inform a parent or guardian; (j) if the apprehended person is released under section 22(2) of the Act – the time and place of the release; (k) if section 22(4) of the Act applies – whether a parent or guardian of the apprehended person has been informed and, if not, the efforts made to inform a parent or guardian. (2) The records may include other information relevant to the actions. Division 2 Holding apprehended child in police cell 8 When apprehended child may be held in police cell (1) For section 24 of the Act, an apprehended child may be held in protective custody inside a cell at a police station only if all of the following circumstances apply: (a) the police station is in a council area; (b) the apprehended child resides in the council area; (c) a member of the community council for the council area has been consulted by the responsible officer for the apprehended child and has approved the child being held inside a cell at the police station; (d) the apprehended child is under the direct care and supervision of an approved carer while being held inside the cell; (e) there is an emergency response plan for the police station in relation to an apprehended child being held in a cell. -- 5 of 11 -- Part 3 Treatment warrants Volatile Substance Abuse Prevention Regulations 2006 4 (2) If the apprehended child resides in a part of the council area for which there is a local authority, the reference in subregulation (1)(c) to a member of the community council includes a reference to a member of the local authority. 9 Approved carer (1) For regulation 8(1)(d), an approved carer for a police station in a council area is a person approved by: (a) the community council for the council area; and (b) the police officers stationed at the police station. (2) A person who is an approved carer must: (a) be a fit and proper person to care for and supervise an apprehended child; and (b) have the necessary knowledge or qualifications required to care for an apprehended child; and (c) have the ability to take action under an emergency response plan if required to do so. 10 Emergency response plan For regulation 8(1)(e), an emergency response plan for a police station in a council area is a plan of the actions to be taken by a responsible officer and an approved carer at the police station if there is a medical, psychological or other type of emergency affecting an apprehended child. Part 3 Treatment warrants 11 Form of application for treatment warrant For section 41A(2) of the Act, an application for a treatment warrant must be in accordance with Form 1. 12 Making application for treatment warrant by telephone For section 41A(3)(b) of the Act, a person who applies to a Local Court Judge by telephone for a treatment warrant must do so by telephoning the Local Court registry nearest to the person. -- 6 of 11 -- Part 3 Treatment warrants Volatile Substance Abuse Prevention Regulations 2006 5 13 Form of treatment warrant For section 41B(2) of the Act, a treatment warrant must be in accordance with Form 2. 14 Issuing treatment warrant on application by telephone (1) If Local Court Judge issues a treatment warrant on application made by telephone: (a) the Judge must complete and sign the warrant (the original warrant), inform the applicant for the warrant by telephone of its terms, and record on the original warrant the reasons for issuing it; and (b) the applicant for the warrant must: (i) complete 2 copies of a form of treatment warrant in the terms provided by the Judge; and (ii) write on each copy the name of the Judge and the date and time of issue of the original warrant; and (iii) forward one copy to the Judge. (2) On receiving the copy, the Judge must: (a) compare it with the original warrant; and (b) if the copy is in substance identical to the original warrant, the copy has the same authority as the original warrant. -- 7 of 11 -- Schedule Volatile Substance Abuse Prevention Regulations 2006 6 Schedule regulation 4 FORM 1 regulation 11 NORTHERN TERRITORY OF AUSTRALIA Volatile Substance Abuse Prevention Act 2005 section 41A(2) APPLICATION FOR TREATMENT WARRANT I, (name) ……………………………………………………………………………… , *an assessor *an authorised officer *the Chief Health Officer *a delegate of the Chief Health Officer *a legal practitioner, apply for a treatment warrant in relation to the person at risk specified in paragraph (a), and say on oath the following: (a) on (date) …………………………… the Court made a treatment order in relation to (name) ……………………………………..(the person at risk); (b) the treatment order will be in force until (date) …………………...……… ; (c) a true copy of the treatment order is attached to this application; (d) I believe the person at risk has not participated in the following component(s) of the treatment program in accordance with the treatment order: (e) I formed the belief mentioned in paragraph (d) on the following grounds: Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature __________________________________________________ Magistrate Name __________________________________________________ * Delete if not applicable -- 8 of 11 -- Schedule Volatile Substance Abuse Prevention Regulations 2006 7 FORM 2 regulation 13 NORTHERN TERRITORY OF AUSTRALIA Volatile Substance Abuse Prevention Act 2005 section 41B(2) TREATMENT WARRANT TO: AN AUTHORISED OFFICER I, ………………………………………………………...……………. , a magistrate, am satisfied by *information on oath given by *a declaration made by (name) …………………………………………… on (date) …………………. , that: (1) a treatment order is in force in relation to (name) …………………………. …………………………………………………… (the person at risk); and (2) the person at risk has failed to participate in the following component(s) of the treatment program in accordance with the treatment order: You are authorised to do the following, using reasonable force and, if necessary, reasonable assistance: (a) enter, at any reasonable time, a place where you reasonably believe the person at risk may be found; (b) search the place in order to find the person; (c) remain at the place for as long as you consider reasonably necessary to find the person; (d) if the person is found – apprehend the person and take the person to the following place to participate in the following component of the treatment program: This warrant remains in force for the lesser of the following periods:  30 days after the day on which it is issued;  until the treatment order ceases to be in force. You must produce this warrant (or a copy of the warrant) to a person at the place where the warrant is executed. Dated: Magistrate * Delete if not applicable -- 9 of 11 -- ENDNOTES Volatile Substance Abuse Prevention Regulations 2006 8 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Volatile Substance Abuse Prevention Regulations (SL No. 7, 2006) Notified 9 February 2006 Commenced 9 February 2006 (r 2, s 2 Volatile Substance Abuse Prevention Act 2005 (Act No. 22, 2005) and Gaz S2, 9 February 2006) Volatile Substance Abuse Prevention Amendment Regulations 2009 (SL No. 37, 2009) Notified 14 December 2009 Commenced 22 February 2010 (r 2, s 2 Volatile Substance Abuse Prevention Amendment Act 2009 (Act No. 37, 2009) and (Gaz G7, 17 February 2010, p 2) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Local Government Amendment Act 2013 (Act No. 28, 2013) Assent date 8 November 2013 Commenced 8 November 2013 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) -- 10 of 11 -- ENDNOTES Volatile Substance Abuse Prevention Regulations 2006 9 Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2 and 3 and sch. 4 LIST OF AMENDMENT r 3 sub No. 37, 2009, r 4 amd Act No. 28, 2013, s 61; Act No. 39, 2019, s 370 pt 2 div 2 hdg sub No. 37, 2009, r 5 r 8 sub No. 37, 2009, r 5 amd Act No. 28, 2013, s 61; Act No. 39, 2019, s 370 rr 9 – 10 sub No. 37, 2009, r 5 pt 3 hdg sub No. 37, 2009, r 6 r 11 sub No. 37, 2009, r 6 r 12 sub No. 37, 2009, r 6 amd Act No. 8, 2016, s 45 r 13 sub No. 37, 2009, r 6 r 14 sub No. 37, 2009, r 6 amd Act No. 8, 2016, s 45 sch amd No. 37, 2009, r 7; Act No. 40, 2010, s 184 -- 11 of 11 --