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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 2018
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
6Amendment of section
38—Undertakings
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
56AAccreditation of
drug assessment and treatment services
9Amendment of section
63—Regulations
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Youth Treatment
Orders) Amendment Act 2018.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the
Acts
Interpretation Act 1915
does not apply to this Act or to a provision of this Act.
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
(1) Section 4(1), definition of assessment
service—delete "Division 6 of Part 5" and substitute:
section 56A
(2) Section 4(1)—after the definition of trafficable
quantity insert:
treatment service means a drug treatment service accredited
under section 56A;
Section 35—delete the section
6—Amendment
of section 38—Undertakings
Section 38(2)—delete "drug treatment service that is accredited under
this Division" and substitute:
treatment service
After section 53 insert:
Part 7A—Youth treatment orders
54—Interpretation
In this Part—
assessment order—see
section 54A(1)(a)
;
Court means the Youth Court of South Australia;
detention order—see
section 54A(1)(c)
;
domestic partner—a person is the domestic partner of a
respondent if the person 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; or
(c) a person held to be related to the respondent according to Aboriginal
or Torres Strait Islander kinship rules and observances;
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(1)(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—Application for order
An order under this Part may be made by the Court of its own motion if
there are proceedings before the Court involving the respondent or may be made
on application by—
(a) if there are proceedings before the Court in which the respondent is
being prosecuted for an offence—a person authorised by the Director of
Public Prosecutions or the Commissioner of Police to make such applications;
or
(b) if there are proceedings before the Court under the
Children
and Young People (Safety) Act 2017
, or any other child protection law, relating to the respondent—the
Chief Executive of the administrative unit of the Public Service responsible for
assisting a Minister in the administration of the
Children
and Young People (Safety) Act 2017
; or
(c) in any case—
(i) a family member of the respondent; or
(ii) the person holding or acting in the office of Public Advocate under
the
Guardianship
and Administration Act 1993
; or
(iii) an officer of the Department; or
(iv) the Chief Executive of the administrative unit of the Public Service
responsible for assisting a Minister in the administration of the
Youth
Justice Administration Act 2016
; or
(v) a medical practitioner who is providing treatment to the respondent in
relation to the respondent's use of controlled drugs; or
(vi) 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 habitually
using 1 or more controlled drugs; and
(b) the respondent may be a danger to themselves 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 in
accordance with the diagnostic criteria for a dependence syndrome specified in
the International Classification of Diseases and Health Problems
published by the World Health Organization (being the revision of that document
that is current at the time of the order); and
(b) the Court is satisfied that—
(i) the respondent may be a danger to themselves 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).
(5) Before making an order in relation to a respondent who is in the
custody, or under the guardianship, of the Chief Executive of the administrative
unit of the Public Service responsible for assisting a Minister in the
administration of the
Children
and Young People (Safety) Act 2017
, the Court must ensure that that Chief Executive has been given notice of
the proceedings and has been given an opportunity to make submissions in the
proceedings.
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 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 judicial officer as constituted the Court when it
ordered the adjournment.
54E—Variation or revocation of
order
(1) The Court may vary or revoke an order of its own motion (if there are
proceedings before the Court involving the respondent or proceedings referred to
in
section 54I(3)
) or 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
(1) Subject to this
section, 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.
(2) The Court may not however make an order requiring—
(a) the respondent; or
(b) an agency or instrumentality of the Crown,
to pay the costs of any assessment, treatment or report provided under this
Part.
(3) A person who is
required, by order under this section, to pay the costs of any assessment,
treatment or report may apply to the Court for variation or revocation of the
order.
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.
54K—Review of Part
(1) The Minister
must cause a review of the operation of this Part to be conducted and a report
on the review to be prepared and submitted to the Minister.
(2) The review and the report must be completed after the third, but
before the fourth, anniversary of the commencement of this section.
(3) The Minister must cause a copy of the report submitted under
subsection (1)
to be laid before both Houses of Parliament within 6 sitting days
after receiving the report.
After section 56 insert:
56A—Accreditation of drug assessment and treatment
services
(1) The Minister
may, by instrument in writing, accredit such suitably qualified persons or
bodies as drug assessment services or drug treatment services as are necessary
for the purposes of Part 5 Division 6 and Part 7A.
(2) Without limiting
subsection (1)
, the Minister may establish panels of persons with a view to the
accreditation of such a panel as a drug assessment service under that
subsection.
(3) The Minister may, in an instrument of accreditation, impose conditions
on the accreditation.
(4) The Minister may, by notice in writing to an accredited drug
assessment service or drug treatment service—
(a) vary or revoke any of the conditions imposed on the accreditation or
impose further conditions; or
(b) revoke the accreditation.
9—Amendment
of section 63—Regulations
(1) Section 63(4)(i)—after "$5 000" insert:
or 2 years imprisonment
(2) Section 63(7)—after "Minister" insert:
or another person
Schedule 1—Transitional
provision
An accreditation in force under section 35 of the
Controlled
Substances Act 1984
immediately before the commencement of
section 8
of this Act continues in force as if it were an accreditation under
section 56A of the
Controlled
Substances Act 1984
(as enacted by
section 8
of this Act).