Download this fact sheet: Young people, volatile substances and the law [PDF: 576 KB]
What you 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:
- the new laws—what they are
- safeguards in the legislation
- how the new laws affect workers with young people
- where to get help and information.
The new laws—what they are
The Act provides police with powers to:
In using their new powers, police must act in the best interests of the young person.
Safeguards and review
The Act also provides safeguards in relation to these powers—all of which are described in this fact sheet.
The Act includes a “sunset clause”, which provides for a review after a period of two years.
Search powers
The Act allows a police officer to search a person under the age of 18 years if the officer suspects that the young person is in possession of a volatile substance or an item used to inhale a volatile substance, and if the officer suspects that the young person is inhaling or will inhale a volatile substance.
A police officer may search any person (regardless of age) if the officer suspects that the person intends to provide a volatile substance or item to a person under 18 years of age to inhale (or use to inhale).
Seizure powers
While searching a person on suspicion of possessing, inhaling or intending to inhale a volatile substance, a police officer may seize a volatile substance (or an item used to inhale a volatile substance) if the person:
- is under 18 years of age and is inhaling or will inhale a volatile substance or
- intends to provide the substance or item to a person under 18 years to inhale or use to inhale.
However, the police officer must take into account any explanation offered by the person for his or her possession of the substance or item.
After seizing a volatile substance or an item used to inhale, the police officer must inform the person that he/she has a right to have it returned. However, the property may only be returned to a person under 18 years of age if accompanied by a parent or guardian.
Detention powers
A police officer may apprehend and detain a person who is under 18 years of age and who they suspect is inhaling or is likely to inhale a volatile substance, and is likely to cause serious bodily harm to him/herself or another person. The police officer must attempt to inform the young person that he/she is not under arrest but is being detained in order to prevent the person harming him/herself or others.
Once detained, the young person must be released as soon as the police officer no longer has grounds for believing that the person is likely to cause serious bodily harm to him/herself or another person. For example, if the young person no longer appears to be intoxicated.
Young people aged 18 years or younger must be released into the care of a suitable person who is capable and consents to taking care of him/her.
A suitable person could be a parent, carer, guardian, other responsible family member or a health or welfare worker. If the police officer cannot find a suitable person, then the officer may release the young person or continue to detain him/her until the grounds for detention no longer apply.
A young person detained under the Act may be detained at a police station, but must not be detained in a police gaol, cell or lock-up.
Safeguards in the legislation
In relation to search and seizure, police must:
- inform the person of the officer’s name, rank and place of duty and provide that information in writing if requested
- produce the officer’s identification (unless the officer is in uniform)
- inform the person that it is not an offence to inhale or possess a volatile substance or an item used to inhale, but the officer has the power to search for and seize volatile substances and items used to inhale, and may use reasonable force to do so
- ask the person to produce any volatile substance or item that he/she has in his/her possession
- ask the person why he/she is carrying or is in possession of a volatile substance or item detected during a search
- make a record of the search, regardless of whether anything was found, and provide a copy of that record to the young person if requested within 12 months of the search.
In relation to detention, police must:
- release a detained person if the grounds for detention cease to apply
- inform the detained person that he/she is not under arrest for an offence, and is only being detained to prevent harm to him/herself or others
- make a record of the detention and provide a copy of that record to the young person if requested within 12 months.
Police must NOT:
- detain a person under provisions of the Act in a police gaol, cell or lock-up
- interview or question a detained person in relation to any known or alleged offence during detention.
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. For information about how to get a copy of the protocol, see the references on page 4.
Response by alcohol and drug services
Alcohol and drug services can provide young people with information, support and crisis intervention. This is especially relevant when they are connected to the service by police using their powers under the Act.
If you are a worker in an alcohol and drug service, when accepting a young person from the police officer you should:
- engage the young person and make him/her feel comfortable about entering the service
- undertake a brief health and risk assessment
- provide the young person with information about the service
- provide brief education about the harms of volatile substance abuse
- provide a follow-up appointment and referral to appropriate services
- document as much as is known about the young person and the circumstances
- if appropriate, inform police about the outcome of your contact with the young person.
You may not detain a young person if he/she does not wish to be kept at the agency or service. However, if you believe the young person is at risk of causing harm to him/herself or others by leaving your service, you should assess the situation and take any reasonable action to reduce the immediate risk. This may include calling the police and/or child protection services.
A new data collection form has been developed as part of the monitoring and review of the legislation. Alcohol and drug agencies are asked to provide non-identifying information via a response form, which can be faxed to the Inhalant Legislation Monitoring Officer at the Department of Human Services. The faxback form is part of the information pack provided with the Volatile Substances Protocol (State of Victoria 2004).
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).
Support for Aboriginal and Torres Strait Islander young people
If an Aboriginal or Torres Strait Islander young person is detained under the Act and is taken to a police station, police are requested to advise the Victorian Aboriginal Legal Service (VALS) by contacting them directly on tel. (03) 9419 3888. VALS may be able to arrange for support to be provided to the young person, or to assist the police in contacting the young person’s family.
Local agreements and practices
In some districts and regions, local agreements and practice arrangements relating to volatile substance abuse and young people have been successfully introduced between police, Aboriginal, youth and alcohol and drug agencies. These agreements are designed to suit local needs and conditions, but must still be in keeping with the new laws.
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 or see our website at www.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