Australian Capital Territory
Intoxicated People (Care and Protection) Act 1994    
A1994-85
Republication No 14
Effective:  22 September 2009 – 16 December 2009
Republication date: 22 September 2009
Last amendment made by A2009-20

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Intoxicated People (Care and Protection) Act 1994 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 September 2009.  It also includes any amendment, repeal or expiry affecting the republished law to 22 September 2009.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Intoxicated People (Care and Protection) Act 1994

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
	3A	Offences against Act—application of Criminal Code etc	2
Part 2	Intoxicated people
	4	Detention of intoxicated people	3
	5	Search of people in custody	4
	6	Admission statement and other relevant information	4
	6A	Admission to licensed place	5
	6B	Safekeeping of possessions	5
	6C	Power of carer to search intoxicated person	5
	6D	Leaving licensed place	6
	7	Information to be given to intoxicated person	6
	8	Contacting other people	7
	9	Leaving in dangerous condition	7
	10	Transfer—medical treatment	7
	11	Remaining at licensed place	7
	12	Objection to care	7
	13	Protection of carers, managers and licensees	7
Part 3	Licences
Division 3.1	Approval
	14	Care services must be licensed	8
	15	Applications	8
	16	Grant	10
Division 3.2	Conditions
	17	Licence conditions	10
	18	Employees	10
	19	Insurance	11
	20	Annual reports	11
	21	Further conditions	11
Division 3.3	Suspension and cancellation of licences
	22	Emergency suspension and cancellation	12
	23	Cancellation of licences	13
	24	Requested cancellation	14
	25	Return of licence on cancellation	15
Part 4	Inspection
	27	Inspectors	16
	28	Identity cards	16
	29	Powers of inspection	17
	30	Failing to comply with requirement of inspector	17
Part 5	Standards
	31	Making standards	18
	33	Publication in newspaper	18
Part 6	Notification and review of decisions
	34	Meaning of reviewable decision—pt 6	20
	34A	Reviewable decision notices	20
	35	Applications for review	20
Part 7	Miscellaneous
	36	Secrecy	21
	37	Approval of first-aid providers	22
	38	Approved forms	22
	39	Regulation-making power	22
Schedule 1	Reviewable decisions	23
Dictionary		24
Endnotes
	1	About the endnotes	26
	2	Abbreviation key	26
	3	Legislation history	27
	4	Amendment history	29
	5	Earlier republications	33

Australian Capital Territory
Intoxicated People (Care and Protection) Act 1994

An Act to provide for the care and protection of intoxicated people, and for related purposes

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Intoxicated People (Care and Protection) Act 1994.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A	Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Intoxicated people
    
4	Detention of intoxicated people
	(1)	If a police officer believes, on reasonable grounds, that a person in a public place is intoxicated and is, because of that intoxication—
	(a)	behaving in a disorderly way; or
	(b)	behaving in a way likely to cause injury to himself, herself or another person, or damage to any property; or
	(c)	incapable of protecting himself or herself from physical harm;
the officer may take the person into custody and detain the person.
	(2)	The police officer may take the person into custody only if the officer is satisfied that there is no other reasonable alternative for the person’s care and protection.
	(3)	A person detained under subsection (1) must be released—
	(a)	when the person ceases to be intoxicated; or
	(b)	at the end of 8 hours after the person is detained;
whichever is earlier.
	(4)	A police officer must not allow a person detained under subsection (1) to remain at a police station where the person was detained for longer than 12 hours after the person is first detained.
	(5)	This section does not prevent a police officer from releasing a person detained under subsection (1) if, in the police officer’s opinion, it is reasonable to release the person.
	(6)	For subsection (5), a police officer is taken to have acted reasonably if the officer releases a person detained under subsection (1) into the care of the manager of a licensed place.
5	Search of people in custody
	(1)	A police officer may search a person who is taken into custody under section 4 (1) and may take possession of any articles found in the person’s possession.
	(2)	A person is entitled to the return of any articles taken from the person under subsection (1) when the person ceases to be detained under section 4.
	(3)	In subsection (1):
search means a search of a person or of articles in the person’s possession, which may include—
	(a)	requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes, socks and hat; and
	(b)	an examination of those items.
6	Admission statement and other relevant information
	(1)	If a police officer releases a person from custody under section 4 into the care of the manager of a licensed place and the person enters that place, the officer must give the manager an admission statement relating to the intoxicated person.
	(2)	An admission statement must be in writing and must contain the following:
	(a)	the full name of the intoxicated person (if known);
	(b)	the date of birth of the person (if known);
	(c)	the time and date when the person was detained by the officer;
	(d)	an itemised list of any articles taken from the person under section 5 (1);
	(e)	confirmation that the officer signing the statement has returned the listed articles to the person.
	(3)	The police officer may release to the manager any further information relating to the intoxicated person that the officer believes, on reasonable grounds, will assist the manager in caring for the person.
6A	Admission to licensed place
A carer must not admit an intoxicated person to a licensed place if the person—
	(a)	refuses to give the carer the person’s clothing and other possessions for safekeeping; or
	(b)	refuses to undergo a search under section 6C when required to do so; or
Note	Under s 6C, a search may be required before admission.
	(c)	is found in possession of a prohibited substance within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008.
6B	Safekeeping of possessions
A carer must secure the clothing and other possessions of an intoxicated person who is admitted to a licensed place.
6C	Power of carer to search intoxicated person
	(1)	A carer may require an intoxicated person to undergo a frisk search in a licensed place before admitting the person.
	(2)	The frisk search of an intoxicated person must, if practicable, be carried out by a person of the same sex as the intoxicated person.
	(3)	If the intoxicated person is a transgender or intersex person, the person may ask that the frisk search be carried out by either a male or a female.
Note 1	For the meaning of transgender person, see the Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see the Legislation Act, s 169B.
	(4)	If the intoxicated person asks that the frisk search be carried out by a male, the person is taken, for this section, to be male.
	(5)	If the intoxicated person asks that the frisk search be carried out by a female, the person is taken, for this section, to be female.
	(6)	In this section:
frisk search, of an intoxicated person, means a search in which light pressure is momentarily applied to the person over the person’s outer clothing without contact being made with—
	(a)	the person’s genital or anal areas; or
	(b)	for a female—the person’s breasts.
6D	Leaving licensed place
	(1)	An intoxicated person who is admitted to a licensed place may leave the licensed place at any time.
	(2)	An intoxicated person who is admitted to a licensed place is taken to have left the licensed place if the person goes outside the licensed place unsupervised by a carer.
	(3)	A carer must return an intoxicated person’s possessions to the person when the person leaves the licensed place.
7	Information to be given to intoxicated person
The carer who admits an intoxicated person to a licensed place must tell the person that—
	(a)	the person may leave the licensed place at any time; and
	(b)	if the person goes outside the licensed place unsupervised by a carer, the person will be taken to have left the licensed place; and
	(c)	the person will be given adequate opportunity to contact a responsible person or other appropriate person.
8	Contacting other people
A licensee must ensure that an intoxicated person admitted to a licensed place has adequate opportunity to contact a responsible person or other appropriate person.
9	Leaving in dangerous condition
If an intoxicated person who, in the opinion of a carer, is a danger to himself, herself, another person or property leaves, or is about to leave, the licensed place, the carer must notify the police.
10	Transfer—medical treatment
If a carer at a licensed place is satisfied that an intoxicated person requires, or may require, medical treatment, the carer must arrange for the intoxicated person to be transferred to the emergency department of a hospital.
11	Remaining at licensed place
A licensee must not allow a person admitted to a licensed place to remain at the place for longer than 15 hours.
12	Objection to care
This Act does not authorise the provision of care to a person at a licensed place if the person objects to being provided with that care.
13	Protection of carers, managers and licensees
A proceeding does not lie against a person who is or has been a licensee, manager of a licensed place or carer in relation to anything honestly done or omitted to be done by the person as licensee, manager of a licensed place or carer for the exercise, or purported exercise, of a function for this Act or another territory law.

Part 3	Licences
Division 3.1	Approval
14	Care services must be licensed
	(1)	A person commits an offence if—
	(a)	the person provides a caring service; and
	(b)	the person is not licensed under this Act to provide the service.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	An offence against this section is a strict liability offence.
15	Applications
	(1)	A person may apply for a licence to provide a caring service.
	(2)	An application under subsection (1) must—
	(a)	be in writing signed by the applicant; and
	(b)	specify the following:
	(i)	the name and address of the applicant;
	(ii)	the proposed name and address of each place where the applicant proposes to provide a caring service;
	(iii)	particulars of any experience the applicant has in dealing with intoxicated people or people with problems related to alcohol or other drugs; and
	(c)	be accompanied by—
	(i)	if the applicant is an individual—a written statement signed by the applicant stating that the applicant has never been bankrupt or executed a personal insolvency agreement; or
	(ii)	if the applicant is a corporation—a written statement signed on behalf of the corporation by an office-holder stating that as at the date of the application—
	(A)	a liquidator, receiver, official manager or receiver and manager has not been appointed in relation to the corporation, any of its assets or any part of its affairs or undertaking; and
	(B)	no compromise or arrangement of a kind mentioned in the Corporations Act, part 5.1 has been entered into or is proposed; and
	(C)	the corporation is solvent; or
	(iii)	if the applicant is an incorporated association or any other kind of entity—a written statement signed on behalf of the association or entity by an office-holder stating that the association or entity can meet its debts.
	(3)	In this section:
name and address, of an applicant, means—
	(a)	if the applicant is an individual—the individual’s full name and business address; or
	(b)	in any other case—the full name and residential address of each office-holder of the applicant.
office-holder means—
	(a)	for a corporation—an executive officer; or
	(b)	for an incorporated association—the president, secretary or public officer of the association; or
	(c)	for any other entity—anyone with overall responsibility for the conduct of the entity.
16	Grant
	(1)	On receiving an application in accordance with section 15, the Minister may grant the applicant a licence to provide a caring service if satisfied that—
	(a)	the applicant has adequate experience in dealing with intoxicated people or people with problems related to alcohol or other drugs; and
	(b)	the applicant will provide a caring service at each place specified in the application in accordance with the Act and any standards.
	(2)	A licence must specify—
	(a)	the full name and address of the person to whom it is granted; and
	(b)	the location of each place where a caring service may be provided under it.
Division 3.2	Conditions
17	Licence conditions
A licence is subject to the conditions imposed by or under this division.
18	Employees
	(1)	A licensee must ensure that every person employed by the licensee at a licensed place, including any volunteer, holds a current first-aid certificate.
	(2)	In subsection (1):
first-aid certificate means a first-aid certificate issued by a provider approved under section 37.
19	Insurance
A licensee must maintain a prescribed policy or policies of insurance.
20	Annual reports
	(1)	A licensee must give the Minister a written report in relation to each financial year, or part of a financial year, in which the licensee provides a service.
	(2)	A report under subsection (1) must be given to the Minister no later than 30 September immediately following the financial year to which the report relates.
	(3)	A report must specify the following:
	(a)	in relation to any caring service provided by the licensee—the number of people admitted to the licensed place during the period to which the report relates, and the age and sex of each person so admitted (if known);
	(b)	whether, in the opinion of the licensee, the licensee has complied with the Act (including any standards);
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(c)	if the licensee has not so complied—the particulars of any failure to comply.
21	Further conditions
	(1)	The Minister may, by written notice, impose the further conditions on a licence that are necessary and reasonable for the care and protection of intoxicated people.
	(2)	A condition takes effect 28 days after the day the licensee is given notice of the condition or, if the notice states a later date of effect, that date.
Division 3.3	Suspension and cancellation of licences
22	Emergency suspension and cancellation
	(1)	If the Minister believes on reasonable grounds that there is an immediate risk of danger to the health or safety of people being cared for, or people providing care, at a licensed place, the Minister may suspend the licence in relation to the place.
	(2)	A suspension under subsection (1) takes effect when the Minister gives the reviewable decision notice about the suspension to the licensee.
Note	The decision to suspend a licence is a reviewable decision (see s 34), and the Minister must give a reviewable decision notice to the licensee (see s 34A).
	(3)	The reviewable decision notice must include—
	(a)	the facts and circumstances on which the Minister’s belief is based; and
	(b)	the licensed places (the stated places) in relation to which the licence is suspended; and
	(c)	a statement that the licensee may not provide caring services at the stated places while the licence is suspended; and
	(d)	a statement that the licensee may, within 28 days after the date of the notice, make submissions to the Minister why the licence should not be cancelled in relation to the stated places.
	(4)	The Minister may cancel the licence in relation to any stated place on the ground mentioned in subsection (1).
	(5)	However, the Minister may cancel a licence only after the end of 28 days after the date of the reviewable decision notice.
	(6)	The cancellation of a licence under this section takes effect on—
	(a)	the day the reviewable decision notice about the cancellation is given to the licensee; or
	(b)	if the notice states a later date of effect—the stated date.
Note	The decision to cancel a licence is a reviewable decision (see s 34), and the Minister must give a reviewable decision notice to the licensee (see s 34A).
23	Cancellation of licences
	(1)	The Minister may, subject to this section, cancel a licence in relation to a licensed place on any of the following grounds:
	(a)	if the licensee is an individual—the licensee becomes bankrupt or executes a personal insolvency agreement;
	(b)	if the licensee is a corporation—
	(i)	a liquidator, receiver, official manager or receiver and manager has been appointed in relation to the corporation, any of its assets or any part of its affairs or undertaking; or
	(ii)	a compromise or arrangement of a kind specified in the Corporations Act, part 5.1 has been entered into or is proposed; or
	(iii)	the corporation is insolvent;
	(c)	if the licensee is an incorporated association or any other kind of entity—that the entity is unable to meet its debts;
	(d)	the licensee is no longer providing a caring service at the licensed place;
	(e)	the licensee has contravened this Act (including any standards);
	(f)	the licensee has breached a condition of the licence.
	(2)	The Minister must not cancel a licence in relation to a licensed place unless the Minister has given written notice to the licensee of the proposal to do so—
	(a)	specifying the ground for the proposed cancellation;
	(b)	setting out the facts and circumstances on which that ground is based;
	(c)	specifying the licensed places in relation to which the Minister proposes to cancel the licence; and
	(d)	inviting the licensee to make submissions to the Minister, not later than 28 days after the day the licensee is given the notice, why the licence should not be cancelled.
	(3)	After considering any submissions made in accordance with the notice, the Minister may cancel the licence in relation to any licensed place stated in the notice on any ground stated in the notice.
	(4)	The cancellation of a licence under this section takes effect on—
	(a)	the day the reviewable decision notice about the cancellation is given to the licensee; or
	(b)	if the notice states a later date of effect—the stated date.
Note	The decision to cancel a licence is a reviewable decision (see s 34), and the Minister must give a reviewable decision notice to the licensee (see s 34A).
24	Requested cancellation
	(1)	A licensee may, by written notice, request the Minister to cancel the licensee’s licence in relation to 1 or more licensed places.
	(2)	On receiving a notice under subsection (1), the Minister must cancel the licence in accordance with the request and the cancellation takes effect immediately or on the later day that is specified in the notice.
25	Return of licence on cancellation
	(1)	A licensee commits an offence if—
	(a)	the licensee receives a notice under section 34 (1) of the cancellation of the licence for a place; and
	(b)	the licensee does not return the licence to the Minister within 14 days after the day the licensee receives the notice.
Maximum penalty:  5 penalty units.
	(2)	If the licence is for 2 or more places, and the licence is cancelled for some, but not all, of the places, the Minister must—
	(a)	amend any licence returned under subsection (1) to reflect the cancellation; and
	(b)	return the amended licence to the licensee.
	(3)	An offence against this section is a strict liability offence.

Part 4	Inspection
    
27	Inspectors
The chief executive may appoint a public servant as an inspector for this Act.
Note 1	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. 
Note 2	In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
28	Identity cards
	(1)	The chief executive must give an inspector an identity card stating the person’s name and that the person is an inspector.
	(2)	The identity card must show—
	(a)	a recent photograph of the person; and
	(b)	the card’s date of issue and expiry; and
	(c)	anything else prescribed by regulation.
	(3)	A person commits an offence if—
	(a)	the person stops being an inspector; and
	(b)	the person does not return the person’s identity card to the chief executive as soon as practicable, but no later than 7 days after the day the person stops being an inspector.
Maximum penalty:  1 penalty unit.
	(4)	An offence against this section is a strict liability offence.
29	Powers of inspection
	(1)	An inspector may, at any reasonable time, enter a licensed place and—
	(a)	inspect the place and any equipment used at the place in connection with the care of people admitted to the place; and
	(b)	inspect any books, documents or other records that are in the possession of the licensee, or to which the licensee has access, relating to the conduct of the licensed place; and
	(c)	require the licensee to give the inspector any information, books, documents or other records that are in the possession of the licensee, or to which the licensee has access, relating to the conduct of the licensed place.
	(2)	An inspector who enters premises under subsection (1) is not authorised to remain on the premises if, when requested to do so by the licensee, the inspector does not show his or her identity card to the licensee.
	(3)	A person is not required to give material to an inspector under subsection (1) (c) if, when requested to do so by the person, the inspector does not show his or her identity card to the person.
	(4)	If an inspector enters premises under subsection (1), a reference in this section to the licensee includes a reference to the manager.
30	Failing to comply with requirement of inspector
	(1)	A person must take all reasonable steps to comply with a requirement made of the person by an inspector under section 29 (1) (c).
Maximum penalty:  50 penalty units.
Note	The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
	(2)	An offence against this section is a strict liability offence.

Part 5	Standards
    
31	Making standards
	(1)	The Minister may make standards for this Act.
	(2)	A standard may make provision in relation to—
	(a)	the condition and maintenance of premises used as licensed places; and
	(b)	the condition and maintenance of equipment used at licensed places; and
	(c)	the operation of caring services, including the conduct of people providing care; and
	(d)	the training of people working with intoxicated people at licensed places; and
	(e)	the basic skills required by people working with intoxicated people at licensed places; and
	(f)	the collection, use, storage and disclosure of information relating to the conduct of licensed places and people admitted to them.
	(3)	A standard is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
33	Publication in newspaper
	(1)	The Minister must publish in the principal daily newspaper, on or before the date a standard is made under section 31, notice of the making of the standard—
	(a)	specifying the date the standard takes effect; and
	(b)	specifying the place or places where copies of the standard may be purchased; and
	(c)	containing a statement to the effect that a copy of the standard may be inspected by members of the public at the place or places specified in the notice; and
	(d)	containing a statement to the effect that the standard is subject to disallowance by the Legislative Assembly under the Legislation Act. 
	(2)	The Minister must ensure that—
	(a)	a copy of the standard is made available for public inspection at the place or places so specified in the notice under subsection (1); and
	(b)	copies of that standard are made available for purchase at the place or places so specified in the notice.
	(3)	In this section:
standard includes any document, or part of a document, the provisions of which are applied by a standard.

Part 6	Notification and review of decisions
34	Meaning of reviewable decision—pt 6
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
34A	Reviewable decision notices
If the Minister makes a reviewable decision, the Minister must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1	The Minister must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
35	Applications for review
The following may apply to the ACAT for review of a reviewable decision:
	(a)	an entity mentioned in schedule 1, column 4 in relation to the decision;
	(b)	any other person whose interests are affected by the decision.
Note	If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 7	Miscellaneous
    
36	Secrecy
	(1)	In this section:
divulge includes communicate.
person to whom this section applies means anyone who is exercising, or has exercised, a function under this Act.
protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.
	(2)	A person to whom this section applies commits an offence if—
	(a)	the person—
	(i)	makes a record of protected information about someone else; and
	(ii)	is reckless about whether the information is protected information about someone else; or 
	(b)	the person—
	(i)	does something that divulges protected information about someone else; and
	(ii)	is reckless about whether—
	(A)	the information is protected information about someone else; and
	(B)	doing the thing would result in the information being divulged.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(3)	This section does not apply if the record is made, or the information is divulged—
	(a)	under this Act or another territory law; or
	(b)	in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.
	(4)	Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.
37	Approval of first-aid providers
The Minister may, in writing, approve an entity as a provider of first-aid courses for this Act.
38	Approved forms
	(1)	The Minister may approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the form must be used for that purpose.
Note	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
39	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1	Reviewable decisions
(see pt 6)

column 1
item	column 2
section	column 3
decision	column 4
entity	
1	16 (1)	not satisfied in relation to s 16 (1) (a) or (b) in relation to applicant	applicant	
2	21 (1)	impose further condition on licence	licensee	
3	22 (1)	suspend licence	licensee	
4	22 (4) or 23 (1)	cancel licence	licensee	
5	37	refuse to approve entity as provider of first-aid courses	entity	

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	ACAT
·	adult
·	daily newspaper
·	police officer
·	reviewable decision notice
·	under.
carer means a person who works with intoxicated people at a licensed place.
caring service means a service that provides immediate, short-term care for intoxicated people, but does not include a service provided at a hospital or other medical facility.
inspector means an inspector under section 27.
intoxicated means apparently under the influence of alcohol, another drug or substance, or a combination of alcohol, drugs or substances.
Examples of substances
1	glue
2	petrol
3	another solvent
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
licensed place means a place where a licensee is licensed to provide a caring service.
licensee means a person who holds a licence under section 16.
manager, for a licensed place, means the person in charge of the place.
prescribed includes prescribed by the standards.
public place means a place to which the public, or a section of the public, has access, whether by payment or not, and includes a school and any land or premises that belong to or are occupied or used in relation to a school.
responsible person, in relation to an intoxicated person, includes—
	(a)	a relative, guardian or friend of the intoxicated person who is an adult; or
	(b)	a lawyer acting on behalf of the intoxicated person.
reviewable decision, for part 6 (Notification and review of decisions)—see section 34.
school means a government school (including a pre-school) or non-government school under the Education Act 2004.
standard means a standard made under section 31.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
The Intoxicated People (Care and Protection) Act 1994 was originally the Intoxicated Persons (Care and Protection) Act 1994.  It was renamed by the Statute Law Amendment Act 2005 A2005-20 (see amdt 3.168).
Intoxicated People (Care and Protection) Act 1994 No 85
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
remainder commenced 15 June 1995 (s 2 (3))
as amended by
Intoxicated Persons (Care and Protection) (Amendment) Act 1997 No 71
notified 10 November 1997 (Gaz 1997 No S350)
commenced 10 November 1997 (s 2)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Legislation (Consequential Amendments) Act 2001 No 44 pt 198
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 198 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Crimes Legislation Amendment Act 2001 No 63 pt 7
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 7 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3)
Statute Law Amendment Act 2002 (No 2) No 49 pt 1.2
notified LR 20 December 2002
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 1.2 commenced 21 December 2002 (s 2 (3))
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.45
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.45 commenced 9 April 2004 (s 2 (1))
Education Act 2004 A2004-17 sch 2 pt 2.4
notified LR 8 April 2004
s 1, s 2 commenced 8 April 2004 (LA s 75 (1))
sch 2 pt 2.4 commenced 1 January 2005 (s 2)
Intoxicated Persons (Care and Protection) Amendment Act 2004 A2004-54
notified LR 16 August 2004
s 1, s 2 commenced 16 August 2004 (LA s 75 (1))
remainder commenced 17 August 2004 (s 2)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.29
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.29 commenced 2 June 2005 (s 2 (1))
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.26
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.26 commenced 24 November 2005 (s 2)
Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.13
notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
sch 3 pt 3.13 commenced 16 November 2006 (s 2 (1))
Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.17
notified LR 14 August 2008
s 1, s 2 commenced 14 August 2008 (LA s 75 (1))
sch 2 pt 2.17 commenced 14 February 2009 (s 2 and LA s 79)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.58
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.58 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.44
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.44 commenced 22 September 2009 (s 2)
4	Amendment history
Name of Act
s 1	sub A2005-20 amdt 3.168
Dictionary
s 2	om 2001 No 44 amdt 1.2268
	ins A2005-20 amdt 3.168
	am A2008-26 amdt 2.121
Notes
s 3	sub A2005-20 amdt 3.168
	def admission statement om A2005-20 amdt 3.168
	def carer sub 1997 No 71 s 4
	om A2005-20 amdt 3.168
	def caring service om A2005-20 amdt 3.168
	def health practitioner om A2005-20 amdt 3.168
	def inspector om A2005-20 amdt 3.168
	def intoxicated sub 2001 No 63 s 53
	om A2005-20 amdt 3.168
	def legal representative om 1997 No 96 sch 1
	def licensed place sub 1997 No 71 s 4
	om A2005-20 amdt 3.168
	def licensee om A2005-20 amdt 3.168
	def manager om A2005-20 amdt 3.168
	def office-holder om A2005-20 amdt 3.168
	def prescribed om A2005-20 amdt 3.168
	def prohibited substance ins A2004-54 s 4
	om A2005-20 amdt 3.168
	def public place om A2005-20 amdt 3.168
	def responsible person am 1997 No 96 sch 1
	om A2005-20 amdt 3.168
	def school sub A2004-17 amdt 2.9
	om A2005-20 amdt 3.168
	def standard om A2005-20 amdt 3.168
Offences against Act—application of Criminal Code etc
s 3A	ins A2005-54 amdt 1.173
Intoxicated people
pt 2 hdg	am A2005-20 amdt 3.179
Detention of intoxicated people
s 4 hdg	am A2005-20 amdt 3.179
s 4	am 2001 No 63 ss 54-56
Search of people in custody
s 5 hdg	am A2005-20 amdt 3.179
s 5	am 1997 No 71
Admission statement and other relevant information
s 6	am 1997 No 71; A2005-20 amdt 3.169, amdt 3.170
Admission to licensed place
s 6A	ins 1997 No 71
	sub A2004-54 s 5
	am A2008-26 amdt 2.122
Safekeeping of possessions
s 6B	ins 1997 No 71
	sub A2004-54 s 5
Power of carer to search intoxicated person
s 6C	ins 1997 No 71
	sub A2004-54 s 5
Leaving licensed place
s 6D	ins 1997 No 71
	sub A2004-54 s 5
Information to be given to intoxicated person
s 7	am 1997 No 71
	sub A2004-54 s 5
Contacting other people
s 8	sub A2004-54 s 5
Leaving in dangerous condition
s 9	am 1997 No 71
Remaining at licensed place
s 11	am 2002 No 49 amdt 1.2
Protection of carers, managers and licensees
s 13	am 1997 No 71
	sub A2006-42 amdt 3.77
Approval
div 3.1 hdg	(prev pt 3 div 1 hdg) renum R2 LA
Care services must be licensed
s 14	am 1998 No 54
	sub A2005-54 amdt 1.174
Applications
s 15	am A2005-20 amdt 3.171, amdt 3.172, amdt 3.179; A2006-42 amdt 3.78
Grant
s 16	am A2005-20 amdt 3.173, amdt 3.179
Conditions
div 3.2 hdg	(prev pt 3 div 2 hdg) renum R2 LA
Annual reports
s 20	am R7 LA; A2005-20 amdt 3.174, amdt 3.179
Further conditions
s 21	am A2005-20 amdt 3.179; A2006-42 amdt 3.79
Suspension and cancellation of licences
div 3.3 hdg	(prev pt 3 div 1 hdg) renum R2 LA
Emergency suspension and cancellation
s 22	am A2005-20 amdt 3.179
	sub A2008-37 amdt 1.253
Cancellation of licences
s 23	am A2005-20 amdt 3.175; A2006-42 amdts 3.80-3.82;
A2008-37 amdt 1.254
Return of licence on cancellation
s 25	am 1998 No 54
	sub A2005-54 amdt 1.175
Return of licence
s 26	am 1998 No 54
	om A2005-54 amdt 1.176
Inspectors
s 27	sub A2005-20 amdt 3.176
	(2)-(4) exp 2 June 2006 (s 27 (4) (LA s 88 declaration applies))
Identity cards
s 28	am 1998 No 54; A2005-20 amdt 3.177
	sub A2005-54 amdt 1.177
	(5)-(7) exp 24 November 2005 (s 28 (7))
Powers of inspection
s 29	am A2005-20 amdt 3.179
Failing to comply with requirement of inspector
s 30 hdg	sub A2004-15 amdt 2.98
s 30	am 1998 No 54; A2004-15 amdt 2.99, amdt 2.100
	sub A2005-54 amdt 1.178
Making standards
s 31	am 2001 No 44 amdts 1.2269-1.2271; A2005-20 amdt 3.179; A2006-42 amdt 3.83
Disallowance
s 32	om 2001 No 44 amdt 1.2272
Publication in newspaper
s 33	am 2001 No 44 amdt 1.2273; A2009-20 amdt 3.103
Notification and review of decisions
pt 6 hdg	sub A2008-37 amdt 1.255
Meaning of reviewable decision—pt 6
s 34	sub A2008-37 amdt 1.255
Reviewable decision notices
s 34A	ins A2008-37 amdt 1.255
Applications for review
s 35	sub A2008-37 amdt 1.255
Secrecy
s 36	am 1998 No 54
	sub A2005-54 amdt 1.179
Approved forms
s 38	sub 2001 No 44 amdt 1.2274
	am A2006-42 amdt 3.83
Regulation-making power
s 39	ins 2001 No 44 amdt 1.2274
Reviewable decisions
sch 1	ins A2008-37 amdt 1.256
Dictionary
dict	ins A2005-20 amdt 3.178
	am A2008-37 amdt 1.257, amdt 1.258; A2009-20 amdt 3.104
	def carer ins A2005-20 amdt 3.178
	def caring service ins A2005-20 amdt 3.178
	def inspector ins A2005-20 amdt 3.178
	def intoxicated ins A2005-20 amdt 3.178
	def licensed place ins A2005-20 amdt 3.178
	def licensee ins A2005-20 amdt 3.178
	def manager ins A2005-20 amdt 3.178
	def prescribed ins A2005-20 amdt 3.178
	def prohibited substance ins A2005-20 amdt 3.178
	om A2008-26 amdt 2.123
	def public place ins A2005-20 amdt 3.178
	def responsible person ins A2005-20 amdt 3.178
	def reviewable decision ins A2008-37 amdt 1.259
	def school ins A2005-20 amdt 3.178
	def standard ins A2005-20 amdt 3.178
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1997 No 96	1 June 1998	
2	Act 2001 No 63	22 November 2001	
3	A2002-49	21 December 2002	
4	A2004-15	9 April 2004	
5	A2004-54	17 August 2004	
6	A2004-54	1 January 2005	
7	A2005-20	2 June 2005	
8	A2005-54	24 November 2005	
9*	A2005-54	25 November 2005	
10	A2005-54	3 June 2006	
11	A2006-42	16 November 2006	
12	A2008-37	2 February 2009	
13	A2008-37	14 February 2009	

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