Volatile Substance Abuse Prevention Regulations 2006

If Local Court Judge issues a treatment warrant on application made by telephone:

the Judge must complete and sign the warrant (the original warrant), inform the applicant for the warrant by telephone of its terms, and record on the original warrant the reasons for issuing it; and

the applicant for the warrant must:

complete 2 copies of a form of treatment warrant in the terms provided by the Judge; and

write on each copy the name of the Judge and the date and time of issue of the original warrant; and

forward one copy to the Judge.

On receiving the copy, the Judge must:

compare it with the original warrant; and

if the copy is in substance identical to the original warrant, the copy has the same authority as the original warrant.

Schedule

regulation 4

FORM 1

regulation 11

NORTHERN TERRITORY OF AUSTRALIA

Volatile Substance Abuse Prevention Act 2005

section 41A(2)

APPLICATION FOR TREATMENT WARRANT

I, (name)

……………………………………………………………………………… ,

*an assessor

*an authorised officer *the Chief Health Officer *a delegate of the Chief Health Officer *a legal practitioner, apply for a treatment warrant in relation to the person at risk specified in paragraph (a), and say on oath the following:

on (date) …………………………… the

Court made a treatment order in relation to (name) ……………………………………..(the

person at risk);

the treatment order will be in force until (date) …………………...……… ;

a true copy of the treatment order is attached to this application;

I believe the person at risk has not participated in the following component(s) of the treatment program in accordance with the treatment order:

I formed the belief mentioned in paragraph (d) on the following grounds:

Made at [place]

________________ on [date]

________________

By

[signature of deponent]

Witnessed by

Signature

__________________________________________________

Magistrate

Name

__________________________________________________

*

Delete if not applicable

FORM 2

regulation 13

NORTHERN TERRITORY OF AUSTRALIA

Volatile Substance Abuse Prevention Act 2005

section 41B(2)

TREATMENT WARRANT

TO:

AN AUTHORISED OFFICER

I, ………………………………………………………...……………. , a magistrate, am satisfied by *information on oath given by *a declaration made by (name) …………………………………………… on (date) …………………. , that:

a treatment order is in force in relation to (name) ………………………….

…………………………………………………… (the

person at risk); and

the person at risk has failed to participate in the following component(s) of the treatment program in accordance with the treatment order:

You are authorised to do the following, using reasonable force and, if necessary, reasonable assistance:

enter, at any reasonable time, a place where you reasonably believe the person at risk may be found;

search the place in order to find the person;

remain at the place for as long as you consider reasonably necessary to find the person;

if the person is found – apprehend the person and take the person to the following place to participate in the following component of the treatment program:

This warrant remains in force for the lesser of the following periods:

You must produce this warrant (or a copy of the warrant) to a person at the place where the warrant is executed.

Dated:

Magistrate

*

Delete if not applicable