Northern Territory Numbered Acts Northern Territory Numbered ActsPart 3, Divisions 2 and 3
repeal , substitute
(1) This section applies if one of the following persons reasonably believes a child or adult is at risk of severe harm:
(a) a police officer or authorised person;
(b) an employee approved under section 65;
(c) a health practitioner;
(d) a member of the family of the child or adult believed to be at risk of severe harm;
(e) in relation to a child believed to be at risk of severe harm – a responsible adult for the child.
(2) The person may apply to an assessor for an assessment of the child or adult believed to be at risk of severe harm.
(3) An assessment application:
(a) must be in the form, and include the information, approved under section 64; and
(b) must be accompanied by all documents in the person's possession that support the belief that the child or adult is at risk of severe harm.
(1) If an assessor to whom an assessment application is made is satisfied the information provided in or accompanying the application indicates the person to whom the application relates ( the relevant person ) is at risk of severe harm, the assessor must:
(a) examine the person; and
(b) make an assessment of the person; and
(c) prepare an assessment report about the person and give it to the Chief Health Officer; and
(d) notify the assessment applicant about whether or not the person was assessed as being at risk of severe harm.
(2) Despite subsection (1)(a), the assessor may take the actions mentioned in subsection (1)(b) to (d) without examining the relevant person if the following circumstances apply:
(a) it is impracticable to examine the person;
(b) the assessor received sufficient information about the person (for example, medical records or police records) to enable the assessor to make an assessment of the person.
(3) If the assessor makes an assessment of the relevant person as being at risk of severe harm, the assessment report must recommend an appropriate treatment program for the person and include the following details:
(a) each type of treatment or intervention to be provided by the program;
(b) if applicable – the residential facility or place at which a particular component of the program is to be provided.
(4) The assessor may request more information from the assessment applicant before deciding whether or not to make an assessment of the relevant person.
(5) If the assessor is satisfied the information provided by the assessment applicant does not indicate that the relevant person is at risk of severe harm, the assessor must give the applicant a notice stating:
(a) the assessor's decision not to make an assessment of the person; and
(b) the reasons for the decision.
(6) For this section, an assessor makes an assessment of whether a person is at risk of severe harm by making a comprehensive assessment of one or both of the following:
(a) the person's condition (which may include the person's physical, neurological and mental condition);
(b) the person's circumstances (which may include the circumstances of the person's lifestyle, environment and relationships with others).
(1) As soon as practicable after considering an assessment report about a person ( the relevant person ), the Chief Health Officer must make a decision about whether or not to apply for a treatment order in relation to the person.
(2) The Chief Health Officer may decide to apply for a treatment order in relation to the relevant person if satisfied all of the following circumstances apply:
(a) the person has been assessed as being at risk of severe harm;
(b) a treatment program has been recommended for the person;
(c) the person has not participated in a treatment program since the assessment report was made;
(d) a treatment order will be in the best interests of the person;
(e) the person cannot be adequately protected from severe harm in any other way.
(3) If the Chief Health Officer is not satisfied all of the circumstances mentioned in subsection (2) apply in relation to the relevant person, the Chief Health Officer:
(a) may decide not to apply for a treatment order in relation to the relevant person; and
(b) must give the assessor, and the assessment applicant, a notice stating the decision and the reasons for it.
(1) As soon as practicable after making a decision under section 35 in relation to a person who has been assessed as being at risk of severe harm, the Chief Health Officer (or a delegate) may apply to the Court for a treatment order in relation to the person.
(2) The application must be:
(a) in a form approved by the Chief Magistrate; and
(b) accompanied by the assessment report about the person at risk.
(1) During the period a treatment order is in force, the Chief Health Officer (or a delegate) may apply to the Court for an order in connection with the treatment order (for example, an order to vary, extend or revoke the treatment order).
(2) The application must be:
(a) in a form approved by the Chief Magistrate; and
(b) accompanied by documents in support of the application.
(1) As soon as practicable after making an application under section 36(1), the applicant must give notice to the following persons that the application has been made:
(a) if the person at risk is an adult – the person at risk;
(b) if the person at risk is a child and the applicant believes the child is capable of understanding the notice – the person at risk and a responsible adult for the child;
(c) if the person at risk is a child and the applicant believes the child is incapable of understanding the notice – a responsible adult for the child;
(d) the assessor of the person at risk;
(e) the assessment applicant in relation to the person at risk, unless the assessment applicant is the responsible adult given notice under paragraph (b) or (c).
(2) As soon as practicable after making an application under section 37(1), the applicant:
(a) must give notice of the application to a relevant person mentioned in subsection (1)(a) to (c); and
(b) may give notice of the application to one or both of the persons mentioned in subsection (1)(d) and (e), as the applicant considers appropriate taking into account the nature of the application.
(3) A notice given under subsection (1) or (2):
(a) must include information about:
(i) the persons who are required to attend at the hearing of the application; and
(ii) the persons who are entitled to attend at the hearing of the application but need not do so; and
(b) must be accompanied by a copy of the application endorsed with details of the time, date and place of the hearing of the application.
(4) A notice given under subsection (1) to the person at risk, or a responsible adult for the person at risk, must be accompanied by the assessment report about the person at risk.
(5) A notice given under subsection (2)(a) must be accompanied by each document filed at the Court in support of the application.
(6) A notice given under this section to an assessment applicant must not be accompanied by:
(a) any assessment report; or
(b) any other document filed at the Court in support of the application.
(1) Unless an order to the contrary is made under subsection (2), the following persons are required to attend at the hearing of an application:
(a) the applicant or a person representing the applicant;
(b) if the person at risk is an adult mentioned in section 38(1)(a) or a child mentioned in section 38(1)(b):
(i) the person at risk; or
(ii) a person representing the person at risk;
(c) if the person at risk is a child mentioned in section 38(1)(c) – a responsible adult or a person representing that adult.
(2) The Court may order that a person required by subsection (1) to attend at the hearing need not attend if:
(a) the Court has sufficient information to make a decision without the person's attendance; or
(b) in relation to a responsible adult mentioned in subsection (1)(c) – the Court is satisfied reasonable investigations have been made to find such an adult but have been unsuccessful.
(3) If the person at risk or a responsible adult does not attend at the hearing because he or she is represented by another person, the Court may order the person at risk or responsible adult to attend if the Court requires information from the person or adult.
(4) The following persons are entitled to attend at the hearing but need not do so unless the Court orders the attendance:
(a) the assessment applicant in relation to the person at risk;
(b) the assessor of the person at risk;
(c) any member of the family of the person at risk.
(5) Unless the Court orders otherwise, the hearing must be in closed court.
(1) The Court has jurisdiction in all matters relating to an application and, in particular, may do any of the following:
(a) hear and, subject to subsection (4), decide the application as it sees fit;
(b) adjourn the application;
(c) make the order to which the application relates, with or without conditions;
(d) refuse to make the order to which the application relates;
(e) make any other order or give any direction relevant to the application as the Court considers appropriate, including that it be provided with further assessment reports or any other reports, opinions or information about the person at risk.
(2) Subject to this Division and any direction of the Chief Magistrate, the Court may regulate its own procedure in relation to an application.
(3) The Court is not bound by the rules of the Court or rules of evidence but may inform itself in the manner it considers appropriate.
(4) In deciding an application, the primary consideration of the Court must be the protection from severe harm of the person at risk.
(1) A treatment order is an order made by the Court that the person at risk specified in the order must participate in a treatment program.
(2) A treatment order must specify the following:
(a) the person at risk must participate in each component of the treatment program as specified in the order;
(b) if applicable – the facility or place at which a particular component of the treatment program will be provided;
(c) the date on which the order will come into force;
(d) the period, not exceeding 16 weeks, for which the order will be in force;
(e) any other matter the Court considers appropriate.
(3) On application under section 37(1), the Court may extend a treatment order for a period not exceeding 16 weeks.
(1) This section applies if a person at risk specified in a treatment order fails to participate in any component of a treatment program as specified in the order.
(2) Any one of the following persons may apply, in the prescribed form, to a magistrate for a treatment warrant in relation to the person at risk:
(a) an assessor;
(b) an authorised officer;
(c) the Chief Health Officer;
(d) a legal practitioner representing a person mentioned in paragraphs (a) to (c).
(3) The application may be made:
(a) in person; or
(b) if it is impracticable to apply in person – by telephone in accordance with the procedure prescribed by regulation.
(1) A magistrate to whom an application under section 41A(2) is made may issue a treatment warrant in relation to a person at risk if satisfied:
(a) a treatment order in relation to the person is in force; and
(b) the person has failed to participate in any component of the treatment program as specified in the treatment order.
(2) A treatment warrant is a document, in the prescribed form, that authorises an authorised officer:
(a) to enter, at any reasonable time, a place where the officer reasonably believes the person specified in the warrant may be found; and
(b) to search the place in order to find the person; and
(c) to remain at the place for as long as the officer considers reasonably necessary to find the person; and
(d) if the person is found – to apprehend the person and take the person to the place specified in the warrant to participate in the component of the treatment program as specified in the warrant.
(3) If a magistrate issues a treatment warrant on application made by telephone, the procedure prescribed by regulation applies.
(4) A treatment warrant remains in force for the lesser of the following periods:
(a) 30 days after the day on which it is issued;
(b) until the relevant treatment order ceases to be in force.
(1) In executing a treatment warrant, an authorised officer:
(a) may use reasonable force and, if necessary, reasonable assistance; and
(b) must produce the warrant (or a copy of the warrant) to a person at the place where the warrant is executed.
(2) A person assisting the authorised officer to execute a treatment warrant may also use reasonable force in doing so.