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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Youth Treatment Orders) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Controlled
Substances Act 1984
.
Contents
Part 2—Amendment of Controlled
Substances Act 1984
4Amendment of section
4—Interpretation
Part 7A—Youth treatment
orders
54AOrders that may be made
under this Part
54DProceedings in
the absence of respondent
54EVariation or
revocation of order
54HTreatment may
continue after respondent's 18th birthday
54ICosts of
assessment or treatment
6Amendment of section
63—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Youth Treatment
Orders) Amendment Act 2016.
This Act will come into operation 3 months after the day on which it
is assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Controlled Substances
Act 1984
4—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of trafficable
quantity insert:
treatment service means a drug treatment service accredited
under Part 5 Division 6;
After section 53 insert:
Part 7A—Youth treatment orders
54—Interpretation
In this Part—
assessment order—see
section 54A(a)
;
Court means the Magistrates Court;
detention order—see
section 54A(c)
;
domestic partner—a person is the domestic partner of a
respondent if he or she lives with the respondent in a close personal
relationship;
family member in relation to a respondent
means—
(a) a spouse or domestic partner of the respondent; or
(b) a parent or guardian of the respondent;
respondent—see
section 54A
;
spouse—a person is the spouse of a respondent if the
person is legally married to the respondent;
treatment order—see
section 54A(b)
.
54A—Orders that may be made under this
Part
(1) The following orders may be made by the Court under this
Part:
(a) an order (an
assessment order) requiring—
(i) a person (the respondent) to attend a nominated
assessment service in accordance with any requirements specified in the order;
and
(ii) the nominated assessment service to provide a report to the applicant
and the Court following its assessment of the respondent;
(b) an order (a
treatment order) requiring—
(i) a person (the respondent) to attend a nominated
treatment service in accordance with any requirements specified in the order;
and
(ii) the nominated treatment service to provide a report to the applicant
and the Court following its treatment of the respondent;
(c) an order (a
detention order) authorising the detention of a person (the
respondent) for the purpose of ensuring compliance with an
assessment order or a treatment order;
(d) any consequential or ancillary orders.
(2) An order may only be made under this Part in relation to a respondent
who is under 18 years of age at the time the order is made.
(3) An order operates for the period specified in the order (which may not
exceed 12 months).
54B—Who may apply for order
An application for an order under this Part may be made by—
(a) a family member of the respondent; or
(b) an officer of the Department; or
(c) the person holding or acting in the office of Public Advocate under
the
Guardianship
and Administration Act 1993
; or
(d) a person who satisfies the Court that he or she has a proper
interest.
54C—Making of orders
(1) The Court may make an assessment order if satisfied
that—
(a) there is a reasonable likelihood that the respondent is dependent
on 1 or more controlled drugs; and
(b) the respondent may be a danger to himself or herself, or to others;
and
(c) the respondent is unlikely to voluntarily seek a relevant
assessment.
(2) The Court may make a treatment order if—
(a) the respondent has been assessed (pursuant to an assessment order or
otherwise) as being dependent on 1 or more controlled drugs;
and
(b) the Court is satisfied that—
(i) the respondent may be a danger to himself or herself, or to others;
and
(ii) the respondent is unlikely to voluntarily seek relevant
treatment.
(3) The Court may make a detention order if the Court has made an
assessment or treatment order and the respondent has failed to comply with that
order.
(4) The Court may, before making an order under this Part, request that
the Department provide information to the Court about available assessment or
treatment services (and the Chief Executive of the Department must ensure that
the Court is provided with any information so requested).
54D—Proceedings in the absence of
respondent
(1) An order under this Part may be made in the absence of the
respondent—
(a) if the respondent was required by summons to appear at the hearing of
the complaint and failed to appear at the time and place appointed for the
purpose; or
(b) if the respondent was not, in fact, summoned to appear at the hearing
(but, in that case, the Court must summon the respondent to appear before the
Court to show cause why the order should not be confirmed).
(2) The Court may make an order under this section on the basis of
evidence received in the form of an affidavit but, in that case—
(a) the deponent must, if the respondent so requires, appear personally at
the proceedings for confirmation of the order to give oral evidence of the
matters referred to in the affidavit; and
(b) if the deponent does not so appear, the Court may not rely on the
evidence contained in the affidavit for the purpose of confirming the
order.
(3) The Court may
from time to time, without requiring the attendance of any party, adjourn the
hearing to which a respondent is summoned to a later date if satisfied that the
summons has not been served or that there is other adequate reason for the
adjournment.
(4) The date fixed in the first instance for the hearing to which the
respondent is summoned must be within 7 days of the date of the
order.
(5) The date fixed for an adjourned hearing must be within 7 days of
the date on which the adjournment is ordered unless the Court is satisfied
that—
(a) a later date is required to enable the summons to be served;
or
(b) there is other adequate reason for fixing a later date.
(6) An order made under this section—
(a) continues in force until the conclusion of the hearing to which the
respondent is summoned or, if the hearing is adjourned, until the conclusion of
the adjourned hearing; but
(b) will not be effective after the conclusion of the hearing to which the
respondent is summoned or the adjourned hearing unless the Court confirms the
order—
(i) on the failure of the respondent to appear at the hearing in obedience
to the summons; or
(ii) having considered any evidence given by or on behalf of the
respondent; or
(iii) with the consent of the respondent.
(7) The Court may confirm an order in an amended form.
(8) If a hearing is adjourned, the Court need not be constituted at the
adjourned hearing of the same magistrate as constituted the Court when it
ordered the adjournment.
54E—Variation or revocation of
order
(1) The Court may vary or revoke an order on application
by—
(a) a person referred to in
section 54B
; or
(b) the respondent.
(2) An application for variation or revocation of an order may only be
made by the respondent with the permission of the Court and permission is only
to be granted if the Court is satisfied there has been a substantial change in
the relevant circumstances since the order was made or last varied.
(3) The Court must, before varying or revoking an order under this
section, allow all parties a reasonable opportunity to be heard on the
matter.
54F—Service
(1) An order must be served on the respondent personally and is not
binding on the respondent until it has been so served.
(2) If an order is confirmed in an amended form or is varied at any time,
the order in its amended form must be served on the respondent personally and
until so served—
(a) the variation is not binding on the respondent; and
(b) the order as in force prior to the variation continues to be binding
on the respondent.
(3) An assessment order must be given to the assessment service nominated
in the order.
(4) A treatment order must be given to the treatment service nominated in
the order.
54G—Effect of order
(1) A respondent may be assessed or given treatment in accordance with an
order under this Part, and reports may be provided as required by an order under
this Part, despite the absence or refusal of consent by the
respondent.
(2) A respondent to
whom a treatment order applies may be given treatment for his or her dependency
on controlled drugs or any other condition or illness of a kind authorised by a
medical practitioner who has examined the patient.
(3) This section does not apply to treatment of a kind prescribed by the
regulations.
54H—Treatment may continue after respondent's 18th
birthday
A respondent may be assessed or given treatment in accordance with an order
under this Part, and reports may be provided as required by an order under this
Part, after the respondent has reached 18 years of age if—
(a) the order was made before the respondent reached 18 years of age;
and
(b) the Court, in making the order, did not specify that the order was to
expire on the respondent reaching 18 years of age.
54I—Costs of assessment or
treatment
The Court may, if it thinks fit, make an order in relation to the costs of
any assessment, treatment or report provided under this Part.
54J—Regulations
Without derogating from section 63, regulations made for the purposes of
this Part may—
(a) regulate any matter relating to assessments or treatment provided
pursuant to an order under this Part;
(b) make provision in relation to the apprehension and detention of
respondents subject to a detention order;
(c) provide for reporting by assessment services and treatment services to
the Minister or any other person.
6—Amendment
of section 63—Regulations
(1) Section 63(4)(j)—after "$5 000" insert:
or 2 years imprisonment
(2) Section 63(7)—after "Minister" insert:
or another person