2013

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR ALCOHOL REHABILITATION

ALCOHOL MANDATORY TREATMENT BILL 2013

SERIAL NO. 33

EXPLANATORY STATEMENT

General Outline

This Bill delivers on a key Government commitment.  It provides for the mandatory assessment, treatment and management of persons who are misusing alcohol.  The Bill repeals and replaces the Alcohol Reform (Substance Misuse Assessment and Referral for Treatment Court) Act and the Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act. 

The Bill is divided into nine Parts, each part dealing with a discrete part of the new mandatory assessment and treatment process.  Part 8 contains repeal and transitional matters and Part 9 contains consequential amendments.

NOTES ON CLAUSES

Part 1.  Preliminary Matters

Clause 1	Short title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Alcohol Mandatory Treatment Act 2013 (the Act).
Clause 2	Commencement

This is a formal clause which establishes when the Act will commence. This Act will commence on the date fixed by the Administrator by Gazette notice. 

Clause 3	Objects

This clause establishes the objects of the Act.  These objects are intended to guide decision-makers in the interpretation of this legislation. 

The key object of the Act is to assist and protect misusers of alcohol (and other people) from the harm of their misuse.  The mechanisms for doing so are the mandatory assessment, treatment and management processes for alcohol misusers established in the Act.  These processes for the misuser have the broad aims as set out in paragraphs (a) to (d) of this clause.  

Clause 4 	Application of the Act

This clause sets out that the Act is not to affect the Mental Health and Related Services Act and the Sentencing Act.  The intent of this clause is to preserve the operations of these Acts to allow person to be continued to be treated and dealt with by the decision-makers under these Acts. 

In particular, this Act is not intended to disrupt any decisions or processes of the Courts or the Director of Correctional Services in relation to any sentencing decisions under the Sentencing Act.  Where there is an inconsistency between the operation of this Act and the operation of those Acts, it is intended those Acts shall prevail.

Clause 5	Definitions

This clause defines various words and expressions used in the Act.

Clause 6 	Principles

This clause provides that powers and functions exercised by anyone under this Act, must be exercised in a way that is consistent with the principles in this clause.  It is an interpretative guide to how functions and powers should be exercised under this Act.  The principles are intended to be a key mechanism for protecting the rights of people subjected to mandatory assessment and treatment. 

Clause 7	Application of the Criminal Code

This clause ensures that the criminal responsibility provisions in Part IIAA of the Criminal Code apply to offences in this Act.

Part 2.  Assessment of assessable persons

Division 1	Key concepts

Clause 8	Assessable person

This clause establishes the definition of an assessable person under the Act.  People who are assessable persons under the Act are subject to the mandatory assessment process in Division 2 of Part 2 of this Act.  If any of these persons are assessed as suitable for a potential mandatory treatment order, the senior assessment clinician applies to the Alcohol Mandatory Treatment Tribunal (the Tribunal) for an order (or escalation of an existing order) for them. 

This clause is the key ‘entry point’ (or re-entry point) for mandatory assessment and treatment under the Act. 

There are three different classes of assessable person who might be referred for assessment under this clause: 

(a)	A person who is referred by police for being in police protective custody three times in two months, or other prescribed period, under new provisions inserted into the Police Administration Act (and who is not an excluded person under those new provisions). 
(b)	A person who might have been initially referred out of assessment under this Act (refer clause 21) as a potential involuntary client under the Mental Health and Related Services Act - but has been referred back by mental health professionals as not being eligible under that Act;
(c)	A person who has an existing mandatory community treatment order, but is picked up by police and taken into protective custody during their order, under new section 128B of the Police Administration Act.  This allows for the person to be detained and ‘reassessed’ by a senior assessment clinician and their order escalated, as necessary. 

Clause 9	When a mandatory treatment order may be made

This clause establishes when a person may be eligible for a mandatory treatment order under the Act.   Subclause 1 of this clause provides that a person is only eligible if they meet all of the criteria under clause 10.  Subclause 2 of this clause excludes certain persons from eligibility for a mandatory treatment order.  In particular, persons facing charges for an offence punishable by a term of imprisonment are ineligible.  Reportable child sex offenders under the Child Protection (Offender Reporting and Registration) Act and those subject to an order under the new Serious Sex Offenders Act are also ineligible for an order under this Act.  Finally, people who are involuntary mental health clients are also ineligible as it is intended for them to continue to be treated and managed under the Mental Health and Related Services Act.

Clause 10	Criteria for a mandatory treatment order

This clause formally establishes the threshold criteria that must be met in order for a mandatory treatment order to be made.  All criteria are required to be met. 

Criteria (c) requires the person to have lost the capacity to make appropriate decisions about their personal welfare or alcohol misuse.  This criteria will require an appraisal of whether the person’s decision-making capacity about their welfare or alcohol misuse is sufficiently impaired due to their alcohol misuse.  There may be other reasons why a person’s decision making capacity about these things is impaired, but alcohol misuse must be one of the causal factors.

Criteria (e) requires that the person be able to benefit from an order.  This criteria is not intended to simply capture benefits offered by specialised alcohol treatment, but also broader health and other benefits that might accrue to the person if they were placed on a mandatory treatment order. 

The last criteria in this clause (criteria (f)) requires an appraisal of whether there are any less restrictive interventions that might be reasonably available to deal with the risks presented by the person in criteria (d).  This is intended to capture a situation where the person might be satisfactorily treated and managed in the community, without the need for a mandatory treatment order. 

Clause 11	Mandatory residential treatment order

There are two types of mandatory treatment order provided for under this Act: a mandatory residential treatment order and a mandatory community treatment order.  Both types of order contain a mandatory ban on the treated person possessing, consuming or purchasing alcohol. 

This clause establishes the meaning of a mandatory residential treatment order and what it does.  In addition to a ban, a mandatory residential treatment order authorises the person be admitted and detained, and to participate in treatment in a specified secure treatment centre (as declared by the Chief Executive Officer – refer clause 128).  Secure treatment centres may be operated by the Agency, or by another residential treatment provider (as declared by the Chief Executive Officer – refer clause 132).

Clause 12	Mandatory community treatment order

This clause establishes the meaning of a mandatory community treatment order and what it can do.  In addition to a ban, a mandatory community treatment order authorises the person to receive treatment at a specified community treatment provider (as declared by the Chief Executive Officer – refer clause 12).  The key difference between this order and a mandatory residential treatment order is that the person is not detained.  As the person will be in the community receiving treatment (even if it is residential), other conditions may imposed to ensure their community treatment is effective.  These may include bans on being in certain company or locations, or a requirement to reside at a specified place or with a specified person.  Depending on the circumstances, a mandatory community treatment order also may require the person undergo alcohol testing.  (Powers in relation to alcohol testing in secure treatment centres and while a person is on a community treatment order with such a condition, are contained in Part 7, Division 1 of the Act.)

Clause 13	Income management order

This clause establishes the meaning of an income management order.  All persons who are on mandatory treatment orders who are on relevant Centrelink benefits will also receive an income management order.  This will allow for the person to be income managed under the Social Security (Administration) Act when the Commonwealth Minister having portfolio responsibility for that Act issues an instrument recognising the Tribunal as a recognised Territory authority under section 123TGAA of that Act.

Division 2	Admission to assessment facility and assessment

Clause 14	Admission and detention

This clause provides for the admission and detention of the person in an assessment facility, by the senior assessment clinician.

Clause 15		Information to be given to a person

This clause provides for a rights statement to be given to a person who is admitted to an assessment facility.  The content of the rights statement is defined in clause 5. 

Clause 16		Notifying primary contact and others

This clause ensures that a person’s primary contact and their guardian (if any) are to be advised of the person’s admission to the assessment centre.  The person must also be given the opportunity to speak with their primary contact and guardian and at least one other person of their choice (for example, a legal representative). 

Clause 17		Timing of assessment

This clause establishes that a person admitted to an assessment facility must be assessed as soon as the person is able to be properly assessed It is important to note a person may not be able to properly assessed immediately as they may be too unwell or suffering withdrawal. 

Subclause 2 of this clause provides that an assessment must be conducted within 72 hours of the person being admitted to the assessment facility, or 72 hours after they are referred back to the facility by mental health professionals (if initially referred out for involuntary mental health assessment).  

Subclause 3 provides that in certain exceptional circumstances, the senior assessment clinician may take an extra 72 hours to conduct an assessment (i.e. 6 days in total).  These exceptional circumstances are where the person is too unwell or is exhibiting significant behavioural problems to prevent a proper assessment within the first 72 hours.

If the extra 72 hours is used, the senior assessment clinician must notify the Tribunal of this fact and the reasons why the extra time was needed.

Any period of time the person is absent from the assessment facility is not counted for calculating time under this clause.

Clause 18	Release if assessment not conducted within time allowed

This clause authorises the release of the person if an assessment under the Act has not occurred within the timeframes in clause 17.

Clause 19		Assessment

This clause establishes the process of assessment under the Act.  The first stage of assessment involves the senior assessment clinician considering whether the person could fulfill the criteria for involuntary treatment under the Mental Health and Related Services Act.  If the clinician is of the opinion they could meet that criteria, the person is ‘referred out’ for assessment under that Act (refer clause 21).  If the person becomes an involuntary mental health client, they cease to be an assessable person under this Act and must be released (refer clause 26).
If the person is not a possible involuntary mental health client (or is referred back after mental health assessment), the second stage of the assessment is undertaken.  In this stage, the senior assessment clinician assesses the person against the criteria for a mandatory treatment order.

Clause 20		Action following assessment

This clause provides for the senior assessment clinician to take one of two actions, depending on their assessment under clause 19. They must either request the person receive an involuntary mental health assessment under the Mental Health and Related Services Act (refer clause 21), or they must make an application to the Alcohol Mandatory Treatment Tribunal for an order in relation to the assessable person (refer clause 22).   They must take either of these actions within 24 hours of completing the assessment. 

Clause 21 		Request under Mental Health Act

This clause allows for a person to be referred for assessment under the Mental Health and Related Services Act where the senior assessment clinician is of the opinion that is necessary (refer subclause 19(2)).  The person ceases to be an assessable person under this Act while they are referred for assessment under the Mental Health and Related Services Act.  This clause contains the mechanics of a request for an assessment under the Mental Health and Related Services Act by the senior assessment clinician.

Clause 22		Application to Tribunal

This clause provides that if the senior assessment clinician does not consider an assessable person could meet the criteria for involuntary mental health treatment, they must apply to the Tribunal for a decision under this Act in relation to the person.  The senior assessment clinician must provide a copy of their assessment report with their application.  The person remains in the assessment facility until the Tribunal has made a decision in relation to the person or the time under clause 36 or 42 has expired (i.e. the person must be released within seven days of the application if the Tribunal has not made an order). 

The clause also sets out what is required in an assessment report, which must accompany an application.  In particular, the assessment report must state whether the senior assessment clinician is of the opinion that the person meets the criteria for a mandatory treatment order and the basis for their opinion.  If they are of the view that the person meets the criteria, the assessment report must include details of any treatment that would be appropriate and practicable for the person.  

An assessment report must be in the form approved by the Chief Executive Officer.

Clause 23		Notice of action taken

This clause provides that the senior assessment clinician must take reasonable steps to notify the person, their primary contact and guardian (if any) and their representative (if any) of an action to either refer the person for an involuntary mental health assessment or to apply to the Tribunal.  A copy of the assessment report must be given to all of those persons, unless it would cause serious harm to the assessable person’s health or jeopardise another person’s safety.

Division 3		Other matters

Clause 24	Continued detention of person after assessment

This clause provides for the senior assessment clinician to continue to detain the person until they are required to be transferred to a secure treatment centre or released.

Clause 25	Release if person not adult

This clause provides that if a person is found not to be an adult while detained at an assessment facility, the senior assessment clinician must release the person.

Clause 26	Release if person subject to order under Mental Health Act

This clause provides for involuntary patients or persons being involuntarily managed in the community under the Mental Health and Related Services Act to be released back into the care of the mental health system if they are found to be in an assessment facility under this Act.  This clause contains the mechanics of what must occur in these circumstances.

Clause 27	Release if treatment needed under Mental Health Act

This clause requires a person to be released if a recommendation for a psychiatric examination (i.e. for involuntary mental health assessment) under the Mental Health and Related Services Act is made.  This clause allows the person to be in accordance with that recommendation for that purpose.

Clause 28		Release on order of Tribunal

This clause provides that where the Tribunal makes an order for the release of a person, the senior assessment clinician must release the person from the assessment facility. 

Clause 29		Transport on release

This clause allows senior assessment clinicians to arrange transport for persons released from the assessment facility, to their usual place of residence or another safe place nominated by the person as practicable. 

Clause 30		Nomination of primary contact

This clause provides that a person who is detained at an assessment facility may nominate a primary contact who should be contacted about the person (refer clause 5 for the definition of ‘primary contact’). 

Part 3.  Mandatory treatment orders

Division 1	Hearing of application made following assessment

Subdivision 1	General matters

Clause 31		Timing and notice of hearing

This clause deals with the timing of Tribunal hearings and who is to be given notice of the hearing.  The clause provides that the Tribunal must hear and decide the matter no later than seven days after receiving the application.  It must also take reasonable steps to give notice of the hearing to the applicant (the senior assessment clinician) and any person entitled or required by the Tribunal to attend the hearing.  The person, their primary contact and guardian (if any) and their representative (if any) are entitled to attend the hearing, but are not required to do so unless ordered.

Subdivision 2	Application in relation to person to whom mandatory community treatment order does not apply

Clause 32	Application

This clause applies subdivision 2 to applications to the Tribunal for assessed persons who have come into assessment facilities and are not on an existing mandatory community treatment order.  Subdivision 3 applies to applications for persons who have been detained and ‘reassessed’ in an assessment facility as a result of a ‘breach’ of an existing mandatory community treatment order (refer to process under new section 128B of the Police Administration Act). 

Clause 33		Orders that can be made by Tribunal

This clause outlines the orders that the Tribunal can make following a hearing.  It can make a mandatory treatment order, it can make an order for the person’s release; or refer a person to another authority or service as required.

The Tribunal can only make a mandatory treatment order where it is satisfied the person meets the criteria for an order (refer clause 10) and they are not an excluded person under clause 9(2).  The standard of proof is the ‘civil standard’ of the balance of probabilities.  A mandatory treatment order must not exceed three months (refer Part 3, Division 3 of the Act). 

Clause 34	Income management order must be made for eligible welfare payment recipient

This clause mandates the Tribunal to make an income management order for eligible welfare recipients, if a mandatory treatment order is made under this subdivision.  Income management orders must not exceed 12 months (refer Part 3, Division 3 of the Act).

Clause 35		Exemption from further assessment

This clause provides that if the Tribunal releases the person, it may also exempt them from further assessment and treatment under the Act, for a period as determined by the Tribunal.  This is a mechanism to allow the Tribunal, at its discretion, to exclude persons for whom mandatory treatment is not effective.

Clause 36		Order for release taken to be made after 7 days

This clause provides that if the Tribunal does not make an order within seven days, the Tribunal is deemed to have made an order for the person’s release.

Clause 37		Notice of order and information notice

This clause provides that the affected person is to receive a copy of an order and an information notice explaining the effect of the order to the person.  People receiving an information notice under this clause are entitled to appeal under clause 51.  A copy of the order is also to be provided to the applicant (i.e. the senior assessment clinician).  The Tribunal must also take reasonable steps to give the order to each person entitled to be given notice of the hearing.  If a mandatory treatment order is made, the Tribunal must also take reasonable steps to give the order to the senior treatment clinician or community treatment provider treating the person, and any other person specified in the order.

If the Tribunal orders the person’s release (or is deemed to have done so under clause 36), it is required to give notice to the affected person and to take reasonable steps to give notice to each other person entitled to attend the hearing.

Subdivision 3	Application in relation to person to whom mandatory community treatment order applies

Clause 38	Application

This clause applies subdivision 3 to applications for persons who have been detained and ‘reassessed’ in an assessment facility as a result of a ‘breach’ of an existing mandatory community treatment order (refer to process under new section 128B of the Police Administration Act).  Subdivision 2 applies to applications to the Tribunal for assessed persons who have come into assessment facilities and are not on an existing mandatory community treatment order.  

Clause 39		Orders that can be made by Tribunal

This clause outlines the orders that the Tribunal can make following a hearing.  With respect to the person’s existing mandatory community treatment order, subclause 1 provides that the Tribunal can either:
(a)	revoke it and replace it with a mandatory residential treatment order (an ‘escalation’ of their previous order); or
(b)	vary it;
(c)	make no change; 
(d)	revoke it entirely and make no further order.

For paragraphs (b) and (c) of subclause 1 the person is released back into the community on their varied or existing mandatory community treatment order.  In paragraph (d), the person is released entirely from any further order (although an aftercare plan would be required to be made for the person – refer clause 65).

As for subdivision 2, the Tribunal can only make an order under this clause where it is satisfied the person meets the criteria for an order (refer clause 10) and they are not an excluded person under clause 9(2).  The standard of proof is the ‘civil standard’ of the balance of probabilities.  
Subclause 3 also provides that the Tribunal must not vary a mandatory community treatment order so that the total period of the order exceeds six months. 

Clause 40	Additional power to vary or revoke income management order

This clause provides that if an income management order has been made for the person, it may be varied at the same time as an order to vary or revoke a mandatory community treatment order.  The varied income management order must not exceed 12 months.

Clause 41		Exemption from further assessment

This clause provides that if the Tribunal revokes the mandatory treatment order for the person, it may also exempt them from further assessment and treatment under the Act, for a period as determined by the Tribunal.  This is a mechanism to allow the Tribunal, at its discretion, to exclude persons for whom mandatory treatment is not effective.

Clause 42		Order for release taken to be made after 7 days

This clause provides that if the Tribunal does not make a mandatory residential treatment order within seven days, the Tribunal is deemed to have made an order for the person’s release.  The person’s existing mandatory community treatment order would continue.

Clause 43		Notice of order and information notice

This clause provides that the affected person is to receive a copy of an order and an information notice explaining the effect of the order to the person.  People receiving an information notice under this clause are entitled to appeal under clause 51.  A copy of the order is also to be provided to the applicant (i.e. the senior assessment clinician).  The Tribunal must also take reasonable steps to give the order to each person entitled to be given notice of the hearing.  If a mandatory treatment order is made, the Tribunal must also take reasonable steps to give the order to the senior treatment clinician or community treatment provider treating the person, and any other person specified in the order.

If the Tribunal orders the person’s release under paragraph (d) of subclause 39(1) (or is deemed to have done so under clause 42), it is required to give notice to the affected person and to take reasonable steps to give notice to each other person entitled to attend the hearing.

Division 2	Variation, revocation or replacement of order

Clause 44	Application for variation, revocation or replacement of order

This clause allows for the affected person, senior assessment clinician and senior treatment clinician to apply for a revocation, variation or replacement order at any time during an existing order.  This clause operates for those not detained in an assessment facility again for ‘breach’ (refer to process in new section 128B of the Police Administration Act).  For example, if the person is not being successfully treated on a mandatory community treatment order, the senior assessment clinician may determine that the order needs to be ‘escalated’ (i.e. replaced) with a mandatory residential treatment order.  The Tribunal can refuse to hear applications if an application has been made within 30 days and there are no new grounds to support the further application.  This is intended to prevent the Tribunal being flooded with applications constantly where there are no new grounds to support a review of an order. 

Clause 45		Timing and notice of hearing

This clause provides for the hearing of an application for variation, revocation or replacement of an order to be decided as soon as practicable and for the Tribunal to take reasonable steps to issue a notice of the hearing to all relevant persons.  This includes the applicant (who may be the affected person, the senior treatment clinician or senior assessment clinician) and each person who is required or entitled to attend the hearing.  The person, their primary contact and guardian (if any) and their representative (if any) are entitled to attend the hearing, but are not required to do so unless ordered by the Tribunal.  If the application relates to an existing mandatory residential treatment order, reasonable steps must be taken to give notice to the senior treatment clinician.  If the application relates to an existing mandatory community treatment order, reasonable steps must be taken to give notice to the senior assessment clinician.

Clause 46	Orders that can be made by Tribunal

This clause provides for the orders that the Tribunal can make following a hearing under this division.  It can vary, revoke or replace an existing order or dismiss the application.  It can also similar take action in relation to existing income management orders under subclause 2.  It is not intended that the Tribunal can revoke an income management order entirely while there is still a mandatory treatment order in force (although it may vary its length as part of its decision under this clause).  Income management orders must not be varied so that they exceed 12 months. Mandatory treatment orders must not be varied such that their total period exceeds six months.

This clause also provides that the Tribunal must not revoke an order unless satisfied that the person no longer meets the criteria or is otherwise excluded under clause 9(2).  

Clause 47	Additional power to vary or revoke an income management order

This clause provides for the Tribunal to vary or revoke an income management order at the same time as a mandatory treatment order is revoked or varied, regardless of whether an application has been made to alter the income management order.

Clause 48		Notice of decision and information notice 

Like clause 43, this clause provides for certain persons to receive a copy of the order and information notice about the Tribunal’s decision relating to an application for revocation, variation or replacement of an order.  People receiving information notices under this clause are entitled to appeal under clause 51.

Division 3		Content of orders

Clause 49		Mandatory treatment orders

This clause provides that a mandatory treatment order must state the date on which the order comes into force and the period of the order.  The period of a mandatory treatment order is not to exceed three months.  The note to this section explains that an order may be varied to extend the order, but that the initial period must not be greater than three months.

Clause 50		Income management orders

This clause provides that an income management order must state the date on which the order comes into force and the period of the order.  The period of an income management order is not to exceed 12 months.  

Division 4		Appeals

Clause 51		Appeals to Local Court

This clause provides that a person given an information notice (under clauses 37, 43 and 48) may appeal to the Local Court within 30 days of receiving the information notice, or the day they become aware of the Tribunal’s decision.  The appeal is on a question of law only.   The Local Court may only admit additional evidence where there were special reasons for the evidence not being given in the Tribunal. 

The Local Court may confirm, vary or set aside and replace the Tribunal decision. 

Division 5	Suspension of mandatory treatment order

Clause 52	Mandatory treatment order suspended while person subject to order under Mental Health Act

This clause provides for the automatic suspension of a mandatory treatment order while the person is an involuntary patient or subject to involuntary treatment and care in the community under the Mental Health and Related Services Act.  The order reinstates on the conclusion of a mental health order.  At that time, depending on the circumstances, the senior assessment clinician or senior treatment clinician may allow the old order to stand, or can apply for a variation or revocation of the order if it is no longer applicable. 

Part 4.  Assessment of assessable persons

Division 1	Treatment under mandatory residential treatment order

Clause 53		Transfer to a treatment centre

This clause provides for the senior assessment clinician at the assessment facility to arrange for the transfer of a person under a mandatory residential treatment order to a ‘treatment centre’, together with all supporting documentation. A ‘treatment centre’ is defined in clause 5 as premises declared by the Chief Executive Officer to be a secure residential treatment centre.  These premises will be safe and secure treatment environments, where people will not be permitted to leave without authorisation.

Clause 54		Admission and detention

This clause provides for the admission and detention of the person in a treatment centre, by the senior treatment clinician.  

Clause 55		Information to be given to a person

This clause provides for a rights statement to be given to a  person who is admitted to a treatment centre.  The content of the rights statement is defined in clause 5. 

Clause 56		Treatment

This clause requires that the person be given treatment in accordance with the principles in this Act and the treatment plan in place for the person.  This clause mandates the senior treatment clinician to prepare a treatment plan for the person and requires them to review the plan on a regular basis and revise as required.

Clause 57		Alcohol testing

This clause provides that the senior treatment clinician may require alcohol testing to be carried out for a person on a mandatory residential treatment order. 

Clause 58		Release from treatment centre

This clause provides that a person must be released from the treatment centre on the expiry, revocation or suspension of an order (i.e. an order is suspended if the person becomes subject to involuntary treatment under the Mental Health and Related Services Act). 

Division 2	Treatment under mandatory community treatment order

Clause 59	Information to be given to community treatment provider

This clause provides for the senior assessment clinician at the assessment facility to arrange for the release of the person, or as appropriate, the transfer of a person under a mandatory community treatment order to premises of a ‘community treatment provider’, together with all supporting documentation.  This would occur in circumstances where the person is to receive treatment at a non-secure residential treatment provider. 

A ‘community treatment provider’ is defined in clause 5 as either the Agency (where it may provide community treatment) or other providers as declared by the Chief Executive Officer.  Community treatment providers are non-secure providers of treatment under this Act.  Compared to treatment centres for persons on mandatory residential treatment orders, they do not detain persons, nor is the use of force authorised by this Act for community treatment providers. 

Clause 60	Information to be given to a person

This clause provides for a rights statement to be given to a person who is admitted to a community treatment provider.  The content of the rights statement is defined in clause 5. 

Clause 61		Treatment

This clause requires that the person be given treatment in accordance with the principles in this Act and the treatment plan in place for the person.  This clause mandates the community treatment provider to prepare a treatment plan for the person and requires them to review the plan on a regular basis and revise as required.

Clause 62	Notice to be given if person no longer meets criteria

This clause requires the community treatment provider to notify a senior assessment clinician (and the person) if the provider is of the opinion the person no longer meets the criteria.  This allows for the senior assessment clinician to consider whether that is indeed the case and thus whether the order requires revocation.  If the senior assessment clinician forms that view, they can apply for the revocation of the order by the Tribunal. 

Clause 63		Notice to be given of contravention

This clause provides that the community treatment provider must advise the senior assessment clinician if they reasonably believe the person has contravened, or will contravene, the order.  This allows the senior assessment clinician to make an urgent application for the mandatory community treatment order to be varied or replaced (with a mandatory residential treatment order), as necessary.

Clause 64	Person need not comply with mandatory community treatment order while detained

This clause provides that if the person is brought to an assessment facility (i.e. because they have been brought there by police under new section 128B of the Police Administration Act for being in protective custody while on an order), they need not comply with the order while in the assessment facility. 

Division 3		Aftercare plans

Clause 65		Preparation of aftercare plan

This clause requires treatment providers to prepare an aftercare plan for all persons on mandatory treatment orders.  Aftercare may be between three and six months and must specify the follow up treatment that the person is required to receive.  The person, their guardian (if applicable) and agencies that will be involved in the follow up treatment of the person must be consulted in the preparation of the plan.

Clause 66		Lodgment with the Tribunal

This clause requires that all aftercare plans be lodged with the Tribunal. 

Division 4		Administrative matters

Clause 67	Records to be maintained at treatment centres

This clause requires senior treatment clinicians at treatment centres to keep certain records.  The records must be kept in the manner directed by the Chief Executive Officer and made available to the Chief Executive Officer on request.

Clause 68	Records to be maintained by community treatment provider

This clause requires community treatment providers to keep certain records.  The records must be kept in the manner directed by the Chief Executive Officer and made available to the Chief Executive Officer on request.

Clause 69		Access to records

This clause enables certain persons to access the records of a treatment centre or a community treatment provider.  Treatment providers may refuse on certain grounds and there is an appeal to the Chief Executive Officer. 

Clause 70		Charge for consumables

This clause allows for treatment providers (either a residential treatment provider or a community treatment provider) to charge for consumables for a treated person.  This includes items such as food, toiletries and medication. 

Clause 71		Nomination of primary contact

This clause provides that a person on a mandatory treatment order may nominate a primary contact who should be contacted by the senior treatment clinician of a treatment centre, or community treatment provider (as relevant) about the person. 

Division 5		Offences

Clause 72		Offence to be absent from treatment centre

This clause creates an offence for a detained person to be intentionally absent from a treatment centre, otherwise than in accordance with the Act.  For example, the Act allows for a detained person to be absent from a treatment centre where they have been given a leave of absence or where they are to receive involuntary treatment elsewhere under the Mental Health and Related Services Act.  The offence is punishable by up to three months imprisonment or 10 penalty units.  The offence is not an expiable offence for which an ‘on-the-spot’ infringement notice can be issued instead. 

Clause 73	Offence to permit contravention of a mandatory treatment order

This clause creates an offence for any person to knowingly supply alcohol to someone they know is on a mandatory treatment order.  The offence is punishable by up to one month imprisonment or 5 penalty units.  The offence is not an expiable offence for which an ‘on-the-spot’ infringement notice can be issued instead. 

Part 5.  Provision relating to persons detained at assessment facilities and treatment centres

Division 1		General matters

Clause 74		Administration of medication

This clause provides that a medical practitioner or other qualified person acting on their direction can administer medication to a person in an assessment facility or treatment centre, without their consent, in the following circumstances:
·	if it is necessary to prevent a risk of imminent harm to the person or others; and 
·	it is the least restrictive intervention available to address the risk. 

The Chief Executive Officer may issue directions and guidelines about the administration of medication under this clause.

Clause 75		Use of reasonable force

This clause allows certain authorised persons (namely police officers or ‘authorised officers’ as declared by the Chief Executive Officer under clause 135) to use reasonable force in an assessment facility or treatment centre to:
·	enable the conduct of an assessment;
·	enable the person to be detained (i.e. to prevent exit);
·	prevent a risk of imminent harm to the person or others;
·	maintain the good order and security of an assessment facility. 
This clause does not authorise the administration of medication without consent.  The administration of medication without consent is governed by clause 74.

Clause 76		Leave of absence

This clause provides for a leave of absence to be granted to a person detained at an assessment facility or treatment centre, on any conditions that the clinician considers appropriate.  This may include a condition that the person be escorted. 

Clause 77		Power to search persons

This clause allows for a police officer or ‘authorised officer’ (as appointed under clause 126) to search a person in an assessment facility or treatment centre.

Clause 78		Search and seizure generally

This clause defines a ‘frisk search’ and ‘ordinary search’ as used in clause 69.  It also requires that a search officer in clause 70 be a person of the same sex and provides for how search officers can deal with seized items.

Clause 79		Power to apprehend persons

This clause provides that a senior assessment clinician or senior treatment clinician must direct the apprehension of a person if they are absent from the facility, or are granted leave and do not return to the facility.  The person may be apprehended by a police officer or an authorised officer.  Reasonable force can be used in apprehension and return of the person to the assessment facility or treatment centre.

Clause 80		Police assistance in apprehending persons

This clause provides that a senior assessment clinician or senior treatment clinician can request the assistance of a police officer in apprehending a person if it is necessary for the person to be apprehended safely.  This clause authorises the police officer to use reasonable force to gain entry to premises to apprehend a person.

Clause 81		Records to be maintained at assessment facility

This clause requires the Chief Executive Officer to keep certain records for assessment facilities.  This function may be delegated to a senior assessment clinician for the facility who is a public sector employee.  The records must be kept in a manner considered suitable by the Chief Executive Officer.

Clause 82		Complaint procedures for treatment centres

This clause provides for treatment centres to establish fair and accessible complaint procedures.  The Chief Executive Officer may issue directions in relation to complaint procedures.

Division 2		Community visitors program

Subdivision 1	Principal community visitor and community visitors

Clause 83		Appointment

This clause specifies that the Minister must appoint a person as the principal community visitor and may appoint other person to be community visitors. The clause sets out the requirements of a person to be considered suitable for an appointment.  An appointee currently holding office as the principal community visitor or a community visitor under the Disability Services Act or Mental Health and Related Services Act is not prevented from holding office for this Act.  An appointee holds office for three years and can be reappointed. 

Clause 84 		Interim community visitor 

This clause allows for an interim appointment of a community visor for not more than 60 days. 

Clause 85		Vacation of office
This clause specifies the circumstances when a community visitor ceases to hold office.

Clause 86		Termination of appointment 

This clause establishes the circumstances in which a community visitor may be terminated from office.

Subdivision 2	Powers and functions of community visitors

Clause 87		Functions of principal community visitor 

This clause describes the functions of a principal community visitor being to: establish standards, principles and protocols for community visitors to exercise their powers; oversee preparation and circulation of publications to detained persons and others about the role of community visitors; ensure community visitors exercise their powers in accordance with established principles, standards and protocols; and ensure that each treatment centre is inspected by a community visitors panel every six months. 

Clause 88		Inquiry functions

This clause describes what a community visitor may inquire into and make recommendations about in relation to assessment facilities and treatment centres.   They may also inquire into anything as directed to the principal community visitor by the Minister. 

Clause 89		Complaint functions 

A community visitor must be accessible to persons detained at assessment facilities and treatment centres, to hear and facilitate resolution of complaint and to assist those persons to make complaints, apply for variations or revocations of orders or to appeal. 

Clause 90		Visiting duties

This clause empowers a community visitor, without notice, to enter an assessment facility or treatment centre. 

Clause 91		Powers of inspection.

This clause allows community visitors when in an assessment facility or treatment centre to: inspect any part of the premises; visit and communicate with detained persons; and inspect any records of the person or as required under the Act.

Clause 92		Requests to be contacted by community visitors

This clause requires a senior assessment clinician for an assessment facility and senior treatment clinician for a treatment centre to ensure detained persons and their primary contact and guardian (if applicable) are informed of the role of the community visitor and their rights to have the community visitor visit them and request contact with the community visitor.

Clause 93		Reports by community visitors

This clause requires community visitors to prepare reports of their visit to an assessment facility or treatment centre, including any findings, to the principal community visitor. The principal community visitor must give the report to the Chief Executive Officer.  They must also provide the report to the senior treatment clinician for a treatment centre, or the senior assessment clinician for an assessment facility.  The principal community visitor can also report to the Chief Executive Officer if they believe a senior assessment clinician or senior treatment clinician has not adopted one of their recommendations. The report may be referred on to a person, tribunal or entity where the report falls within its functions conferred by law. 

Subdivision 3	Community visitors panel

Clause 94		Establishment

This clause provides for the establishment of a community visitor panel.

Clause 95		Appointment of members

This clause requires the Minister to appoint a community visitor panel, specifies the composition of the panel and the requirements of a person to be considered for an appointment.

Clause 96		Vacation of office

This clause specifies the circumstances when a community visitor panel member ceases to hold office.

Clause 97		Termination of appointment

This clause establishes the circumstances in which a community visitor panel member may be terminated from office.

Clause 98		Functions of community visitors panel

This clause establishes the functions of a community visitors panel with respect to treatment centres.   It allows the panel to undertake a variety of enquiries when visiting treatment centres, including an enquiry on any matter referred to it by the Minister or principal community visitor. 

This clause also empowers a community visitor panel to inspect any part of the treatment centre; visit detained persons in the centre; inquire into the admission, treatment and care of detained persons; inspect documents relating to detained persons and inspect records or registers required to be kept under the Act. 

Clause 99		Report by community visitors panel

The chairperson of a community visitor panel is required to give the principal community visitor a report of any visits as soon as practicable after the visit.  The report must contain actions and inquiries undertaken by the panel; attempts to resolve matters; any matters that require further attention; results of inquiries from previous visits and any recommendations arising.

Subdivision 4	Miscellaneous matters

Clause 100	Assistance to be provided

This clause requires a relevant senior assessment clinician or senior treatment clinician and employees to give reasonable assistance to the community visitor or community visitor panel member.

Clause 101	Annual Report

This clause requires the principal community visitor to give the Minister a report on the activities of the community visitor and community visitor panel within three months after the end of each financial year.  The report may be contained within a report of an Agency or other statutory body (for example, the Anti-Discrimination Commission NT). 

Part 6.  Alcohol Mandatory Treatment Tribunal

Division 1		Establishment of Tribunal and related matters.

Clause 102	Establishment of Tribunal

This clause establishes the Alcohol Mandatory Treatment Tribunal.

Clause 103	Functions and Powers

This clause sets out the functions and powers of the Tribunal. 

The Tribunal’s functions include considering and deciding applications, making mandatory treatment orders and other orders and making inquiries in relation to proceedings as appropriate.  For example, the Tribunal may decide to obtain further information regarding an assessment.

Clause 104	Membership

This clause provides for the membership of the Tribunal.

The Minister may appoint members of the Tribunal. The membership of the Tribunal includes at least two lawyers with five years experience or more (to operate as the President or in his or her stead), one or more health practitioners and one or more community members who have a special interest or expertise in the issues facing persons who might appear before the Tribunal.   Certain persons are excluded from membership. 

The members of the Tribunal should be constituted of both sexes and from diverse backgrounds and include members who are Aboriginal or Torres Strait Islander or demonstrate an understanding of Aboriginal or Torres Strait Islander culture.

Clause 105		Term of appointment

This clause provides that the duration of appointment is for three years or a lesser period as specified in the appointment. A member is also eligible for re-appointment, but cannot be appointed for more than two consecutive terms (except in exceptional circumstances).

Clause 106		President and Deputy President

This clause provides for the appointment of a President and Deputy President of the Tribunal who must be lawyers.   The Deputy President exercises the President’s powers in certain circumstances. 

Clause 107	Vacation of office

This clause specifies the circumstances when a Tribunal member ceases to hold office.

Clause 108	Termination of appointment
This clause establishes the circumstances in which a Tribunal member may be terminated from office.
Clause 109	Composition of Tribunal

This clause provides that when exercising its powers and functions, the President must nominate three members to comprise it: from the three classes of people in clause 104.  That is, it must comprise one lawyer, one health practitioner and one community member.   The lawyer may be the President or Deputy President.  More than one series of members may be appointed at any one time (in the event the Tribunal needs to operate ‘two’ or more Tribunal sittings to hear all matters). 

Clause 110	Replacement of member

This clause allows for a change in membership of the Tribunal while it is sitting if one of the members become incapable of continuing with the proceeding. 

Clause 111	Registrar and Deputy Registrars of Tribunal

This clause requires the Minister to appoint a public sector employee to be the Tribunal Registrar.  They may also appoint a Deputy Registrar.  Their functions are to receive notices, applications and other documents for the Tribunal and to power other functions conferred by the Tribunal.

Division 2		General provisions for proceedings

Clause 112	Form and lodgment of applications

This clause allows for the President to approve forms for the Tribunal, except where the form is approved by the Chief Executive Officer under this Act or as required by the Commonwealth for income management.

Clause 113	Right of appearance and representation

This clause allows for a person subject to a proceeding under the Act to represent themselves or be represented by a legal practitioner.  If the person is unrepresented, the Tribunal may appoint an advocate for the person, which could be a legal practitioner or a person who is approved by the Chief Executive Officer and has expertise with persons misusing alcohol.  The advocate is to be provided at no cost to the affected person.  A hearing may only be conducted in the absence of the person or the person’s legal representative if they were given reasonable notice of the hearing (i.e. they were essentially ‘served’) and they refused or failed to attend.  

Clause 114	Conduct of proceedings generally

This clause provides for various procedural issues in relation to hearings.  Natural justice must apply; the lawyer member must decide all questions of law; the Tribunal must keep records of proceedings; and can issue practice directions about its procedure.

Clause 115	Conduct of hearing

This clause provides that the hearing must not be open to the public, must be conducted with as little formality as possible and with as much expedition as possible.  The Tribunal may only adjourn a matter in exceptional circumstances.

Clause 116	Interpreter

This clause provides the Tribunal must, as far as practicable make interpreters available, as necessary.

Clause 117	Evidence

This clause provides that the Tribunal is not bound by the rules of evidence and may inform itself in the way it considers appropriate.  The clause gives broad powers to the Tribunal and allows it to require a person to appear or produce documents.

Clause 118	Reports of reasons for decisions

This clause provides that the Tribunal must publish reasons for its decisions, but these must not disclose the identity of the affected person.

Division 3		Notices relating to income management

Clause 119	Eligible welfare payment recipient

This clause defines who is an eligible welfare payment recipient pursuant to the Commonwealth Social Security (Administration) Act. 

Clause 120	Notice to Secretary requiring income management

This clause provides that if the Tribunal makes an income management order, the Tribunal must inform the Secretary under the Social Security (Administration) Act.

Clause 121	Notice to Secretary revoking requirement for income management 

This clause provides that the Tribunal must inform the Secretary under the Social Security (Administration) Act when an income management order is revoked.

Division 4		Other matters

Clause 122	Contempt

This clause provides an offence of contempt of the Tribunal.  It is punishable by a penalty of up to 20 penalty units.  The offence is not an expiable offence for which an ‘on-the-spot’ infringement notice can be issued instead.

Clause 123	Offence to publish or broadcast name or report

This clause creates two offences to intentionally publish or broadcast the name of an affected person in a proceeding, or to knowingly or recklessly publish or broadcast anything that may identify the affected person.  The offences are punishable by up to 12 months imprisonment or 200 penalty units.

The offence does not apply to persons carrying out functions under the Act or to a person who reasonably believes that it is his or her duty to give information to another person.  The offences are not expiable offences for which an ‘on-the-spot’ infringement notice can be issued instead.

Clause 124	Annual report

This clause provides for an annual report to be provided to the Minister. 

The President must give the Minister a report on the Tribunal’s operations within three months of the end of the financial year and the Minister must table the report in the Legislative Assembly within 
six days of receiving the report.  The report can be contained within a report of an Agency (for example, the Department of Health). 

Part 7.  Miscellaneous Provisions

Division 1		Alcohol testing

Clause 125	Person must submit to testing

This clause requires a person under a mandatory residential treatment order or a mandatory community treatment order with a condition relating to alcohol testing – to submit to alcohol testing (by breath test).  The clause authorises a testing officer or authorised officer to use reasonable force to ensure test samples are taken. 

Clause 126	Testing officers

This clause allows the Chief Executive Officer to appoint persons as testing officers for the purposes of alcohol testing.

Division 2	Declaration of premises, appointment and functions of officers and authorisation of persons

Clause 127	Assessment facilities

This clause allows the Chief Executive Officer, by Gazette notice, to declare premises, or part of premises, to be an assessment facility.

Clause 128	Treatment centres

This clause allows the Chief Executive Officer, by Gazette notice, to declare premises, or part of premises, to be a secure residential treatment centre. 

Clause 129	Functions of Chief Executive Officer

This clause provides for the Chief Executive Officer to have a range of functions under this Act.  In particular, the Chief Executive Officer has the function of providing clinical governance for assessment and treatment under this Act, issuing clinical and program guidelines to treatment providers, conducting investigations into clinical matters and issuing forms.  The Chief Executive Officer can delegate his or her functions to another public sector employee, such as the clinical director (refer clause below).

Clause 130	Clinical director

This clause provides that the Chief Executive Officer may appoint a medical practitioner who is an employee of the Agency to be the clinical director for the purposes of the Act.

Clause 131	Senior assessment clinicians

This clause provides that the Chief Executive Officer may appoint a person to be a senior assessment clinician.  The person must be a medical practitioner or a person with appropriate experience or qualifications.  Senior assessment clinicians have the functions of conducting assessments and overseeing the care of persons in assessment facilities, managing the process for dealing with people who have contravened community management order and other functions as specified in the Act.  They must comply with clinical or program guidelines issued by the Chief Executive Officer.

Clause 132	Residential treatment providers

This clause allows the Chief Executive Officer, by Gazette notice, to authorise a person to be a residential treatment provider.  Residential treatment providers, who are not the Agency, may be engaged by the Agency to operate treatment centres.  Under section 24AA of the Interpretation Act, a ‘person’ includes a natural person or body corporate.

Clause 133	Senior treatment clinicians

This clause provides that the Chief Executive Officer may appoint a person to be a senior treatment clinician for a treatment centre.  The person must be a medical practitioner or a person with appropriate experience or qualifications.  They must comply with clinical or program guidelines issued by the Chief Executive Officer.  

Clause 134	Community treatment providers

This clause allows the Chief Executive Officer, by Gazette notice, to authorise a person to be a community treatment provider.  Under section 24AA of the Interpretation Act, a ‘person’ includes a natural person or body corporate.

Clause 135	Authorised officers

This clause provides that the Chief Executive Officer may appoint a person to be an authorised officer.  A senior treatment clinician and senior assessment clinician are deemed by the clause to be authorised officers.  An authorised officer has various functions as set out in this clause.  Authorised officers are permitted to use reasonable force in the functions described (as set out in the Act). 

Division 3		Other matters

Clause 136	Act does not limit or affect other powers

This clause ensures that the Act does not prohibit or restrict police from using their powers as prescribed under other laws in the Northern Territory, including any powers under the Police Administration Act.  The powers under this Act are in addition to (and do not derogate from) any powers in those other laws.  The clause also clarifies that this Act does not prevent a person from taking action in an emergency to save a person’s life.

Clause 137	Transport of persons to and from assessment facilities and treatment centres

This clause provides for transport officers (which are defined as police officers, ambulance officers, authorised officers and other classes of persons authorised by the Chief Executive Officer) to take persons to and from assessment facilities and treatment centres.  They are able to use reasonable force in doing so and can search the person (and seize property). 

Clause 138	Misleading information 

This clause creates two offences for a person to intentionally give misleading information or a misleading document to a person acting in an official capacity, knowing the information is misleading and that the person is acting in an official capacity. The offences are punishable by a maximum penalty of 200 penalty units or two years imprisonment.  The offences are not expiable offences for which an ‘on-the-spot’ infringement notice can be issued instead.

Clause 139	Protection from liability

This clause provides that various persons with statutory roles under the Act are not civilly or criminally liable for an act done or omitted to be done by the person in good faith in exercising a power or function under the Act. 

The clause also provides that  a person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith and exercising due diligence in the course of delivering treatment to a person to whom a mandatory treatment order applies. Under section 24AA of the Interpretation Act, a ‘person’ includes a natural person or body corporate.

Clause 140	Collection and disclosure of information

This clause provides for the Agency to collect and disclose information about persons to treatment providers and vice versa.  Treatment providers are mandated to provide information to the Agency.  The intent of the clause is to ensure that treatment providers and the Agency have a clear understanding of the current and historical risks presented by a person (particularly any latent health issues of concern).  The provision is designed to operate where a person does not reveal or consent to the sharing of that information.   The clause also allows for police to share unique identifiers and personal information about an assessable person to ensure there is a complete risk profile of the person and to ensure that the Agency has the correct person, particularly when re-assessing the person for a subsequent treatment episode.

Clause 141	 Confidentiality of information 

This clause makes it an offence to disclose information in the course of performing functions under this Act.  The clause defines when information may be disclosed without this disclosure being an offence.   The offence is punishable by up to two years imprisonment and 200 penalty units.  The offence is not an expiable offence for which an ‘on-the-spot’ infringement notice can be issued instead.

Clause 142	Regulations

This clause provides that the Administrator may make regulations under the Act.

Part 8.  Repeal and transitional matters

Division 1	Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act

Clause 143	Definitions

This clause provides for various definitions in the process of repeal of the Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act.  In particular the Act will be repealed on the day the clause below commences.

Clause 144	Repeal

This clause repeals the Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act when the clause commences.

Clause 145	Certain notices given, orders made under repealed Act

This clause provides that all notices and orders under the Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act will cease to have effect after its repeal, except for income management conditions (and notices to the Secretary about these).  The new Alcohol Mandatory Treatment Tribunal will continue to have the same powers to deal with these income management conditions, as the former Alcohol and Other Drugs Tribunal.  

Clause 146	Clinicians

This clause ensures that the provisions of the Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act relating to clinicians and their protection from immunity continue to apply after that Act’s repeal. 

Division 2	Alcohol Reform (Substance Misuse Assessment and Referral for Treatment) Act

Clause 147	Definitions

This clause provides for various definitions in the process of repeal of the Alcohol Reform (Substance Misuse and Referral for Treatment) Act.  In particular the Act will be repealed on the day the clause below commences.

Clause 148	Repeal

This clause repeals the Alcohol Reform (Substance Misuse and Referral for Treatment) Act when the clause commences.

Clause 149	SMART orders made under repealed Act

This clause provides that SMART orders made before 31 December 2012 will continue to operate as if the Alcohol Reform (Substance Misuse and Referral for Treatment) Act were not repealed.  SMART orders made after 31 December 2012 will cease on the repeal. 

Part 9.  Consequential amendments

Division 1	Court Security Regulations

Clause 150	Regulations amended

This clause provides that the Court Security Regulations are amended.

Clause 151	Regulation 2 amended

This clause repeals a reference to the SMART Court in the Court Security Regulations regulations.

Division 2	Information Act

Clause 152	Act amended

This clause provides that the Information Act is amended.

Clause 153		Section 69 amended

This clause replaces a reference to the Alcohol and Drugs Tribunal (to be repealed by clause 144), with ‘a court, or a tribunal as prescribed by regulations’.  Section 69(2) of the Information Act provides that the Information Privacy Principles do not apply to information shared by the Alcohol and Other Drugs Tribunal for the purposes of treatment under an order or assessment for income management.

Division 3	Information Regulations

Clause 154	Regulations amended

This clause provides that the Information Regulations are amended.

Clause155		Regulation 4A inserted

This clause amends the Information Regulations to provide that the Alcohol Mandatory Treatment Tribunal is to be a prescribed tribunal for section 69(2) of the Information Act (refer clause 153 above).

Division 4	Liquor Act

Clause 156	Act amended

This clause provides that the Liquor Act is amended.

Clause 157	Section 31A amended

This clause repeals the requirement for the Minister to establish an identification system to determine whether the individual is subject to a SMART order or notice or order under the Alcohol Reform (Prevention of Alcohol-related Crime and Substance Misuse) Act.  This formally repeals the identification system known as the Banned Drinker Register. 

Clause 158	Section 122 amended

This clause changes the requirement for the Director of Licensing to provide licensees with a prohibition notice directing them not to supply alcohol or let a person on a SMART order on licensed premises.  That is, the Director need only issue such a notice for a SMART order made on or before 31 December 2012.

Division 5	Mental Health and Related Services Act

Clause 159	Act amended

This clause provides that the Mental Health and Related Services Act is amended.

Clause 160	Section 33 amended

This clause amends section 33(1) of the Mental Health and Related Services Act to clarify that person may be assessed under section 32 either as soon as practicable after the request, or after the person is brought to the relevant professional.  This caters for both an inpatient and outpatient assessment which was not clear in section 32.

Clause 161	Section 34 amended

This clause deals with persons referred out for mental health assessment under clause 21 of the Alcohol Mandatory Treatment Act to determine whether they may require involuntary mental health treatment.  This clause provides that where such a person has been assessed under the Mental Health and Related Services Act and no recommendation made for psychiatric examination (i.e. they are not considered to require involuntary mental health treatment), they may be referred back to the assessment facility, and transported back as necessary. 

Division 6	Police Administration Act

Clause 162	Act amended

This clause provides that the Police Administration Act is amended.

Clause 163	Section 4 amended

This clause provides for various definitions in the process of amending the Police Administration Act.  

Clause 164	Section 128 amended

This clause provides that police must establish the identity of anyone taken into protective custody.

Clause 165	Sections 128A and 128B inserted

This clause provides for new sections 128A and 128B of the Police Administration Act to be inserted. 

Section 128A provides for a new ‘referral for assessment’ process for adults taken into police protective custody for a third time in two months or some other period as prescribed.  Persons excluded from this process are those who are involuntary mental health patients, those who are reportable offenders under the Child Protection (Offender Reporting and Registration) Act, those who are subject to an order under the Serious Sex Offenders Act and those currently charged with an offence punishable by a period of imprisonment. 

For persons eligible for the process, the police officer who takes the person into custody must contact a senior assessment clinician at an assessment facility to determine whether there is suitable capacity to assess and treat the person under the Alcohol Mandatory Treatment Act.  If the police officer is advised there is suitable capacity, they must arrange for the person to be transported to the assessment facility as soon as practicable and the usual protective custody provisions of the Police Administration Act do not apply to the person.  The person must be advised that they are not under arrest and why they are being transported to the assessment facility.

In calculating the ‘count’ of police protective custody incidents (to determine if a person is eligible for the process), any protective custodies during a mandatory treatment order are excluded.  That is, protective custody incidents for new subsection 128A(1)(d) are not counted while a mandatory treatment order is in force, and ‘restart’ once the person’s order concludes.  Also, if a person has been assessed and released without an order being made, the count restarts.

Section 128B provides for a new process for a person on a mandatory community treatment order who is taken into police protective custody during that order.  That is, they are in protective custody and potentially in breach of their order (which requires them not to drink alcohol).  In these cases, the process is similar to section 128A above.  That is, the person can be taken to an assessment facility (for further assessment) if the senior assessment clinician confirms there is capacity and the clinician may seek a variation or replacement of their order under Part 3, Division 1, Subdivision 3.

Clause 166	Section 130A amended

This clause repeals section 130A(3) but retains the remainder of the provision for all protective custodies.

Clause 167	Part X, heading replaced

This clause replaces the Part X, Division 1 heading in the Police Administration Act.

Clause 168	Part XI heading replaced

This clause replaces the Part XI, Division 2 heading in the Police Administration Act.

Clause 169	Part X, Division 3 inserted

This clause inserts a new transitional division into the Police Administration Act.  The new Division 3 in Part X includes a new section 170 which provides that for the purposes of calculating the number of times a person has been taken into protective custody under the new section 128A(1)(d), protective custody occasions prior to the commencement date of that section are excluded. 

Division 7	Records of Deposition Act

Clause 170	Act amended

This clause provides that the Records of Deposition Act is amended.

Clause 171	Section 4 amended

This clause removes references to the SMART Court.

Division 8	Sentencing Act

Clause 172	Act amended

This clause provides that the Sentencing Act is amended.

Clause 173	Section 3 amended

This clause removes references to the SMART Court.

Clause 174	Section 4 amended

This clause removes references to the SMART Court.

Division 9	Sentencing Regulations

Clause 175	Regulations amended

This clause provides that the Sentencing Regulations are amended.

Clause 176	Regulation 3 amended

This clause removes references to the SMART Court.

Division 10	Volatile Substance Abuse Prevention Act

Clause 177	Act amended

This clause provides that the Volatile Substance Abuse Prevention Act is amended.

Clause 178	Section 41D inserted

This clause inserts a new section 41D that explains the effects of a mandatory treatment order under the Alcohol Mandatory Treatment Act. 
The new section 41D ensures that a mandatory treatment order under the Alcohol Mandatory Treatment Act can be made for a person on a treatment order for volatile substance abuse, but that they are excused from complying with the volatile substance abuse order while the mandatory treatment order is in force.  The Chief Health Officer is then required to apply to the Local Court under section 37 of the Volatile Substance Abuse Prevention Act for an amendment of the treatment order under that Act.

Division 11	Expiry of Part

Clause 179	Expiry

This clause provides that Part 9 of this Act (the provisions instituting all the consequential amendments and repeals) expires the day after it commences.  This is necessary as the Part will, by then, be ‘spent’ and the amendments in it will have taken effect.