Western Australian Numbered Acts Western Australian Numbered Acts After
section 172A insert:
Part 7A — Alcohol Intervention
(1) In this
Part —
AI authorised person , in section 172I or
172L, means a person appointed under section 172D to be an authorised
person for the purposes of the section in which the term is used;
alcohol intervention requirement means a notice
referred to in section 172F;
alcohol intervention session means an alcohol
intervention session —
(a)
provided by a treatment provider approved under section 172J(2)(b); and
(b) the
content of which is approved under section 172J(2)(a);
alleged offender means a young person who is
suspected on reasonable grounds by a police officer of having committed a
minor alcohol related offence;
CEO (Health) means the chief executive officer of
the department principally assisting the Minister responsible for the
administration of the Health Legislation Administration Act 1984 ;
minor alcohol related offence means an offence
under —
(a)
section 110(4A), 110(5), 115(2), 115(5), 115(6), 115(7), 119(1), 119(2),
119(4), 119(5), 121(4)(c), 121(7), 121(7a), 122(3), 123, 126(2), 126(4) or
126(5);
(b)
section 121(3) in relation to a juvenile only;
police officer does not include a person appointed
by the Commissioner of Police as an AI authorised person under
section 172D;
responsible adult has the meaning given in the
Young Offenders Act 1994 section 3;
young person means —
(a) a
person who is a juvenile; or
(b) in
relation to the commission, or alleged commission, of a minor alcohol related
offence, was a juvenile when the offence was committed, or allegedly
committed.
(2) In this Part the
following abbreviations are used —
AIR for alcohol intervention requirement;
AIS for alcohol intervention session.
172C. Operation of Young Offenders Act 1994
unaffected
Nothing in this Part
prevents a young person from being dealt with under the
Young Offenders Act 1994 Part 5 in respect of a minor alcohol
related offence.
172D. Appointment of AI authorised persons
The Commissioner of
Police may, in writing, appoint persons or classes of persons to be AI
authorised persons for the purposes of section 172I or 172L, or for the
purposes of both of those sections.
Division 2 — Alcohol intervention requirements
172E. AIR may be given to alleged offender for
minor alcohol related offence
(1) Unless
section 172G(1) applies, a police officer may give an alcohol
intervention requirement to an alleged offender.
(2) A police officer
who suspects on reasonable grounds that —
(a) an
alleged offender has committed more than one minor alcohol related offence;
and
(b) the
alleged offences have arisen out of the same incident,
may give a single AIR
in respect of all or some of the offences.
(3) An AIR is to be
given as soon as practicable, and in any event within 60 days, after an
alleged offence is believed to have been committed.
172F. Alcohol intervention requirement
(1) An AIR is a notice
in a form prescribed by the regulations —
(a)
containing a description of the alleged offence, or offences; and
(b)
informing the alleged offender that —
(i)
he or she may, in writing, elect to be prosecuted for the
alleged offence, or offences, in a court, and informing the alleged offender
how to make that election; and
(ii)
if he or she does not wish to be prosecuted for the
alleged offence or offences in a court, the alleged offender may, within a
period of 28 days after the giving of the AIR, complete an AIS;
and
(c)
informing the alleged offender as to how the alleged offender may arrange to
complete an AIS.
(2) An alleged
offender need only complete a single AIS for each AIR given to the alleged
offender, even if the AIR is given in respect of more than one alleged
offence.
172G. Special requirements about AIRs
(1) An AIR cannot be
given in respect of an alleged offence (the new offence ) if the alleged
offender —
(a) had
been convicted of, or given an AIR in respect of, 2 or more minor alcohol
related offences before the new offence was allegedly committed; and
(b) at
least 2 of those offences arose, or are alleged to have arisen, out of
separate incidents.
(2) A police officer
who gives an alleged offender an AIR is to ensure that a responsible adult is
given a copy of the AIR as soon as is reasonably practicable after the AIR is
given to the alleged offender, unless —
(a)
after reasonable enquiry, neither the whereabouts nor the address of a
responsible adult can be ascertained; or
(b) in
the circumstances it would be inappropriate to give a responsible adult a copy
of the AIR.
(3) An alleged
offender who has been given 2 AIRs need only complete a single AIS in respect
of the AIRs if both AIRs were given before the completion of the AIS.
172H. Referral of young persons at risk to
juvenile justice teams
(1) In this
section —
young person at risk means an alleged
offender —
(a) to
whom the police officer would have given an AIR, but for section 172G(1);
or
(b) who
has been given an AIR and has not completed an AIS within 28 days or any
further time allowed under section 172L, unless —
(i)
the AIR has been withdrawn under section 172I; or
(ii)
the alleged offender has elected to be prosecuted for the
alleged offence in a court.
(2) A police officer
may refer a young person at risk to a juvenile justice team where appropriate
under the Young Offenders Act 1994 in preference to charging the young
person under this Act.
(1) An AI authorised
person may withdraw an AIR by sending to the alleged offender a notice in a
form prescribed by the regulations stating that the AIR has been withdrawn.
(2) An AIR cannot be
withdrawn if the alleged offender has completed an AIS in relation to the AIR.
(3) An AIR that is
withdrawn is taken not to have been given to an alleged offender for the
purposes of section 172G(1).
Division 3 — Alcohol intervention sessions
172J. Alcohol intervention session
(1) The purpose of an
alcohol intervention session is to inform those who complete it about —
(a) the
adverse health and social consequences of alcohol use; and
(b) the
laws relating to the possession of alcohol; and
(c)
effective strategies to address alcohol using behaviour.
(2) The CEO (Health)
may, in writing, do any of the following —
(a)
having regard to subsection (1), approve the content of an alcohol
intervention session;
(b)
approve treatment providers to provide alcohol intervention sessions;
(c) give
an approval under paragraph (b) subject to conditions to be obeyed by the
treatment provider approved;
(d)
cancel or amend an approval given under paragraph (a) or (b).
(3) For the purposes
of this section, this Act is to be taken to be a relevant Act as referred to
in the Health Legislation Administration Act 1984 section 9.
172K. Benefit of completing AIS
(1) If the alleged
offender has completed an AIS in respect of an AIR within 28 days or such
further time as is allowed under section 172L, the bringing of
proceedings and the imposition of penalties are prevented to the same extent
that they would be prevented if the alleged offender had been convicted by a
court of, and punished for, the alleged offence.
(2) Completion of an
AIS is not to be regarded as an admission for the purposes of any proceedings,
whether civil or criminal.
172L. Extension of time to complete AIS
(1) An AI authorised
person may, in a particular case, extend the period of 28 days within
which the alleged offender may complete an AIS.
(2) The extension may
be allowed whether or not the period of 28 days has elapsed.
172M. Certificate of completion of AIS
(1) A treatment
provider approved to provide an AIS under section 172J(2)(b) is to
—
(a) give
to a person who has completed an AIS a certificate of completion; and
(b) send
a copy of the certificate to the Commissioner of Police.
(2) A certificate of
completion is to be in a form prescribed by the regulations and is to set out
—
(a) the
name and address of the person who has completed the AIS; and
(b) the
date of completion; and
(c) the
details of the AIR in respect of which the AIS was completed.