Supervised Injecting Place Trial Act 1999

This Act is the Supervised Injecting Place Trial Act 1999.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The object of this Act is to allow the temporary operation of a supervised injecting place, for the purpose of an independently evaluated scientific trial of—

the public health benefits and risks of such places; and

other matters relating to the operation of a supervised injecting place.

Part 2 Operation of facility

The Minister may, in writing, declare a place to be the facility for this Act.

The Minister may declare a place to be the facility only if—

the Minister is satisfied the place is a hygienic environment suitable for use—

to give drug-dependent people access to clean equipment to allow such a person to administer a substance to himself or herself at the place; and

to provide for the safe disposal of the equipment; and

a law enforcement protocol has been approved under section 7 and published as required by section 8; and

an internal management protocol has been approved under section 9; and

approved criteria for the scientific trial have been presented to the Legislative Assembly as required by section 10; and

the place to be declared as the facility is one that has been recommended by the advisory committee.

A declaration is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

The Minister must give additional public notice of a declaration under subsection (3).

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (4) is in addition to the requirement for notification on the legislation register as a notifiable instrument.

The Minister may, after consultation with the advisory committee, in writing, declare a person to be the operator of the facility.

The Minister shall not declare a non-government organisation to be the operator other than in accordance with a recommendation of the advisory committee.

A declaration under this section is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

The Minister may, after consultation with the advisory committee, by instrument approve a protocol that deals with—

the detection, investigation and prosecution of offences by a person who self-administers a substance at the facility; and

anything else necessary or convenient to be dealt with to give effect to the object of this Act;

as the law enforcement protocol for this Act.

The Minister must ensure that a protocol is approved under this section that will allow the facility to function in accordance with the object of this Act.

The Minister must not approve a protocol that has the effect of exempting a member of the staff of the facility from the operation of a law in relation to the possession, use or dealing in substances.

The Minister must give public notice of the effect of an instrument made under section 7, as soon as practicable after the instrument is made.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

The notice must state the places where a copy of the law enforcement protocol may be bought or, at any reasonable time, inspected.

The Minister must ensure that—

copies of the law enforcement protocol may be bought at each place stated for that purpose in the notice; and

a copy of the law enforcement protocol is, at any reasonable time, available for inspection at each place stated for that purpose in the notice.

The Minister may, by instrument, approve a protocol relating to the facility as the internal management protocol for this Act.

An operator shall manage the facility in accordance with the internal management protocol.

Before making an instrument under subsection (1), the Minister must be satisfied that the following requirements will be met:

the facility must be under the supervision of a supervisor;

the supervisor must have general oversight of the clinical operations of the facility and responsibility for ensuring that adequate clinical procedures are used in the facility;

each member of staff of the facility who directly supervises injection of substances at the facility must be a doctor or a nurse;

each member of staff of the facility who issues equipment at the facility for use in injection of substances at the facility must hold an approval under the Public Health Act 1997, part 3A (Supply of syringes);

the facility must contain, or provide satisfactory access to—

primary health care services (including medical consultation and medical assessment services); and

drug and alcohol counselling services; and

health education services; and

drug and alcohol detoxification and rehabilitation services; and

services for testing for blood borne diseases;

the health and safety of staff and users of the facility must be protected, having regard to the design of, and services provided by, the facility;

any recommendations of the advisory committee concerning the operation of the facility must be given effect;

any regulations concerning the operation of the facility must be complied with.

The Minister must consult the advisory committee on the appropriate criteria, and must attempt to agree with the committee on a set of criteria.

If a set of criteria is agreed, the Minister must approve them.

If agreement is not possible—

the advisory committee must set out its preferred criteria (alternative criteria); and

the Minister must approve a set of criteria and a statement of the reasons why they are approved instead of the alternative criteria (Minister’s reasons).

The Minister must present a copy of the approved criteria, together with any alternative criteria and Minister’s reasons, to the Legislative Assembly within 3 sitting days after the approval.

In this section:

criteria means criteria by which the scientific trial of the effects of giving drug-dependent people a place to self-administer a substance is to be assessed.

This section applies to a person who is or has been—

a Minister or public employee; or

a member of the staff of the facility; or

the owner or occupier of the premises where the facility is situated.

A proceeding for a criminal offence (including an offence against the Criminal Code, section 717 (Accessory after the fact)) does not lie against a person to whom this section applies in relation to an act—

done in good faith by the person in the person’s capacity as a person to whom this section applies; and

that consists of participating, or being in any other way concerned, in the establishment of the facility or in its operation as a supervised injecting place; and

done in accordance with the requirements (if any) prescribed under the regulations.

A civil proceeding does not lie against the Territory or anyone else in relation to the death of, or any loss or injury sustained by, someone (the affected person) caused by, or arising out of—

the self-administration by the affected person of a substance at the facility; or

anything else done by the affected person, whether or not at the facility, in relation to the self-administration.