Page 4032 - Week 13 - Thursday, 10 November 1994
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specified outer clothing. When a police officer releases an intoxicated person into the care of a manager of a sobering-up place, the officer must give an admission statement to the carer. The statement should provide the intoxicated person's name and date of birth, if known; the time and date the person was detained; and a list of the person's possessions. The police officer may also provide any further information which would assist the carer to care for the intoxicated person. This could include the place and circumstances of where the intoxicated person was found, if this is relevant to providing care for that person.
People will be informed on arrival that they can leave at any time and that they will be assisted to make contact with relatives or any other responsible person to take care of them. If a person leaves when he or she is still considered by the carer to be a danger to himself or herself or others, the carer shall notify the police, who may then, if necessary, detain the person in custody, as is the case presently. Where a person obviously requires medical attention, the person must be transferred to the emergency department of a hospital. People may stay at a licensed place until they are no longer intoxicated, or up to 12 hours. As carers may have to take prompt action to maintain the safety of the intoxicated person or others at the place, the Bill provides protection for carers from any action, suit or proceedings against them for action taken in good faith for the care of the intoxicated person. However, the Bill does not provide any power for an intoxicated person to be given care against his or her objections. This means that carers can provide necessary care when the person does not object to being provided with that care.
The Bill provides the Minister for Health with the power to grant licences, on application, to individuals or corporations who are financially viable and have experience in caring for intoxicated people or people experiencing problems associated with the use of alcohol or other drugs. It also provides the Minister with the power to suspend or cancel licences where he or she considers that the place or licensee is no longer able to provide, or is not providing, a caring service for intoxicated persons. Conditions may be placed on the licence, to ensure that the place is capable of providing care, and standards can be set to further define the level of care to be provided for individuals. Any standards set under the Act will be in the form of a disallowable instrument, and notification of the standard must also be published in the principal daily newspaper.
I intend to introduce standards before the legislation commences in 1995. Standards will be developed based on the experience and knowledge gained from the current pilot sobering-up place program. Standards will address issues such as the nature and quality of care, training and skills of workers, the environment and conduct of facilities, safety of workers and clients, and referral to further care where necessary. Under the legislation, employees or carers, including any volunteers, at the licensed place must have a current first aid certificate issued by an approved provider. One or more inspectors must be appointed under the Act to monitor care and other aspects of the licensed place. Various ministerial decisions, such as the suspension, revocation and conditions set on a licence, can be appealed to the Administrative Appeals Tribunal. Confidentiality is required under the legislation. The legislation before the Assembly represents a major step forward in guaranteeing the appropriate level of care for people who are found intoxicated in a public place. I present the explanatory memorandum to the Bill.
Debate (on motion by Mrs Carnell) adjourned.
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