Download this fact sheet: Young people, volatile substances and workers with Indigenous young people [PDF: 556 KB]
What workers with Indigenous young people 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.
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.
Aboriginal-specific services
Victorian Aboriginal Legal Service
tel. (03) 9419 3888
Victorian Aboriginal Health Service
tel. (03) 9419 3000
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 2002a 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