Download this fact sheet: Young people, volatile substances and workers in out-of-home-care services [PDF: 576 KB]
What home-based and residential care workers need to know about the changes that came into effect on 1 July 2004
Introduction
In September 2002, the Victorian Drugs and Crime Prevention Committee tabled its final report in Parliament on the Inquiry into the Inhalation of Volatile Substances. This report followed an 18-month examination of volatile substance misuse. The new legislation is the Government’s response to one of 16 recommendations made in the report.
The Drugs, Poisons and Controlled Substances (Volatile Substances) Act 2003 (“the Act”) came into effect on 1 July 2004 . The Act gives police new powers in relation to volatile substance abuse by young people. It provides for an integrated police and health response, in order to take into consideration the best interests of the young persons involved.
This fact sheet provides information about:
- how the new laws affect workers with young people
- where to get help and information.
The new laws
The new laws provide police with powers to search and detain a young person under 18 years of age if he/she has inhaled or is likely to inhale a volatile substance. In using their new powers, police must act in the best interests of the young person.
The Act also provides safeguards in relation to these powers and includes a “sunset clause”, which provides for a review after a period of two years.
For information about the Drugs, Poisons and Controlled Substances (Volatile Substances) Act 2003, see our Fact sheet 3.1: Young people, volatile substances and the law (August 2004).
How the new laws affect workers with young people
The new laws allow for an integrated police and health response, to take into account the best interests of the young person. However, the Act does not provide for specific action by workers and agencies in relation to detaining young people involved with volatile substances.
Volatile Substances Protocol
The Volatile Substances Protocol (July 2004) has been endorsed by representatives from alcohol and drug, youth and legal services, Victoria Police and the Departments of Human Services, Justice and Victorian Communities. It maps the interaction between Victoria Police and a range of nominated agencies including alcohol and drug services, child protection, Indigenous services and out-of-home care services. It is designed to ensure a consistent response from all relevant agencies when responding to a young person who has or is likely to abuse inhalants and who has been brought to the service by the police, or when police have contacted the service. A copy of the protocol is available online at www.health.vic.gov.au/drugservices/index.htm
Response by out-of-home-care services
Refer to the Management Response to Inhalant Use Guidelines (2003). If you require assistance to confiscate volatile substances and/or items used to inhale, you may call the police for assistance under the seizure powers of the Act.
If a young person residing in your care has been found using volatile substances and is returned to your service by police, you will need to provide support and care to the young person as well as crisis intervention and crisis prevention strategies to manage the situation. All staff in community service organisations must comply with the Department of Human Services requirements for reporting and managing incidents of inhalants abuse—refer to the Minimum Standards and Outcomes Objectives for Residential Care Services in Victoria (2002) and Minimum Standards and Outcomes Objectives for Home Based Care Services in Victoria (2003).
Where to get help and information
Emergency
In an emergency, telephone 000.
Treatment, counselling and referral
DirectLine (24 hrs, 7 days)
tel. 1800 888 236
Confidential alcohol and drug counselling and referral
Youth Substance Abuse Service (24 hrs)
tel. 1800 014 446
Counselling, support and referral for 12–21-year-olds
Family Drug Help
tel. 1300 660 068
A support service staffed by trained volunteers and professional counsellors
DrugInfo Clearinghouse
Your first port of call for information about drugs and drug prevention. Contact the Information Officer on tel. 1300 85 85 84 ( Victoria only), by email on druginfo@adf.org.au.
References
Drugs and Crime Prevention Committee 2002 Inquiry into the inhalation of volatile substances. Final report, Melbourne : Parliament of Victoria
Drugs, Poisons and Controlled Substances (Volatile Substances) Act 2003
State of Victoria 2004 Interagency protocol between Victoria Police and nominated agencies, Melbourne : Drugs Policy and Services Branch, Rural and Regional Health and Aged Care Services Division, Department of Human Services; available online at www.health.vic.gov.au/drugservices/index.htm
State of Victoria 2003 Management response to inhalant use—Guidelines for the community care and drug and alcohol sector, Melbourne : Drugs Policy and Services Branch and Juvenile Justice Branch, Department of Human Services
State of Victoria 2003a Minimum standards and outcome objectives for home based care services in Victoria, Melbourne : Department of Human Services
State of Victoria 2002 About inhalant abuse. For health and community workers, Melbourne: Drugs Policy and Services Branch, Department of Human Services
State of Victoria 2002a About inhalant abuse. Information for parents and community members, Melbourne: Drugs Policy and Services Branch, Department of Human Services
State of Victoria 2002b Minimum standards and outcome objectives for residential care services in Victoria, Melbourne : Department of Human Services
State of Victoria 1996 Drug guide Melbourne: Victoria Police
Ives R & Wyvill B 2000 Guidance for professionals. Volatile substance abuse, Edinburgh : Richard Ives