Download this fact sheet: Young people, volatile substances and workers in alcohol and drug services [PDF: 528 KB]
What alcohol and drug 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 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 (State of Victoria 2004).
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 2002 About inhalant abuse. For health and community workers, Melbourne: Drugs Policy and Services Branch, Department of Human Services
State of Victoria 2002 About inhalant abuse. Information for parents and community members, Melbourne: Drugs Policy and Services Branch, 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