Gunbalanya Volatile Substance Management Plan

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Controlled Document Doc ID: HEALTHINTRA-1880-17423

Approved Date: 23/03/2012 Plan Comes in Force: 28/03/2012

Volatile Substance Abuse Prevention Act 2005

Part 4 Division 3

Gunbalanya Volatile Substance Management

Plan

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1. Objectives of the Gunbalanya Volatile Substance Abuse Management Plan

The main objective of this Volatile Substance Abuse (VSA) Management Plan is to enable people in the Gunbalanya community to control the supply, sale and use of volatile substances by;

1) articulating the ideas of the Gunbalanya community concerning the prevention of volatile substance abuse (VSA), in particular petrol sniffing;

2) developing a framework for the action that is to be taken to support and care for individuals, groups and families suffering from VSA;

3) formalising the legal possession and storage of volatile substances;

4) stating the measures to be taken by community members and visitors, whether employees, contractors or tourists, to legally possess and store volatile substances;

5) declaring the penalties of illegal possession, storage and supply of volatile substances; and 6) describing the approved person/s and method for seizure and disposal of volatile substances.

The Management Plan does not make it an offence for a person to inhale, or have in the person’s possession, a volatile substance or item for inhaling a volatile substance. However, not complying with the Management Plan is an offence.

2. Interpretation of these objectives

The VSA Management Committee, in the first instance, will provide direction in relation to this Management Plan. The Traditional Owners however, may override a decision of the Management Committee in relation to matters pertaining to land and location of the buildings.

3. Definitions

“abuse”, of a volatile substance, means the misuse of the substance by deliberately inhaling it to become intoxicated;

“abuser”, any person who inhales, injects, swallows a volatile substance for the purpose of intoxication;

“Management Plan” and “the Plan” refers to the Gunbalanya Volatile Substance Abuse Management Plan.

“the Committee” refers to the VSA Management Committee

“offender”, any person who is in breach of the VSA Management Plan

“supply” includes the following:

a) give, distribute, sell, administer or transport, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration;

b) barter or exchange;

c) have or keep in possession for supply;

d) offering to do an act referred to in paragraph (a) or (b);

e) doing or offering to do an act preparatory to, in furtherance of, or in connection with, an act referred to in paragraph (a) or (b);

“volatile substance” means –

a) plastic solvent, adhesive cement, cleaning agent, glue, nail polish remover, lighter fluid, petrol or any other volatile product derived from petroleum, paint thinner, lacquer thinner, aerosol propellant or anaesthetic gas; or

b) a substance declared by The Minister of Health and Families, by notice in the Gazette.

4. Management Area

This Management Plan relates to the area of land so described - Gunbalanya locality

‘Oenpelli Community Area NT Portion 4980’

All that area of land near Gunbalanya (Oenpelli) in the Northern Territory of Australia bounded by lines

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Commencing at a point on the right bank of the East Alligator River situated at Map Grid of Australia co-ordinate 279780 metres East, 8624100 metres North; thence generally northerly and north-westerly by the said bank to Map Grid of Australia co-ordinate 259318 metres East, 8653153 metres North; thence north-easterly to a point on the Waidaboonar access road situated at Map Grid of Australia co-ordinate 282050 metres East, 8656180 metres North; thence easterly to a point on the centreline of the Murgenella access road situated at Map Grid of Australia co-ordinate 304305 metres East, 8656125 metres north; thence generally southerly by the said centreline to the centreline of the Gunbalanya to Maningrida access road; thence south-easterly to Map Grid of Australia coordinate 305276 metres East; 8641462 metres North; thence south-westerly to Map Grid of Australia co-ordinate 299425 metres East, 8630664 metres North; thence south-westerly to the point of commencement.

5. Volatile Substance Abuse Management Committee

The VSA Management Committee is constituted by the West Arnhem Shire Council (WASC) to implement, administer and revise, as necessary, the Plan. The Committee’s Constitution is available for viewing at the Council Office. The composition and conduct of the committee is detailed in the constitution.

6. Volatile Substance Abuse Authorised Person/s

1) The VSA Authorised Person/s who will be responsible for administrating the Volatile Substance Abuse Prevention Act will be a person nominated by the VSA Management Committee and authorised by the Minister for Health and Families.

2) It is expected that the Authorised Person/s will be a resident of Gunbalanya and engaged in a program associated with community safety, Alcohol and Other Drugs or Volatile Substance Abuse.

7. Role of the Volatile Substance Abuse Authorised Person/s

1) the role of the VSA Authorised Person/s is to identify and reduce the potential harms for those at risk of abusing volatile substances, in particular sniffing petrol (fuel);

2) to identify and report to the police the persons and their vehicles who may be supplying abusers and potential abusers with volatile substances, in particular petrol (fuel);

3) to report volatile substance abusers to police;

4) the VSA Authorised Person/s will keep statistics on their work under this Management Plan and as required by the regulations under the Volatile Substance Abuse Prevention Act ; and

5) the VSA Authorised Person/s is NOT to chase individuals who are suspected of VSA; rather they are to make contact with the abusers at a later opportunity.

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8. Training of the VSA Authorised Person/s

1) VSA Management Training is compulsory as specified by the Minister for Health and Families. The training will be provided by the Alcohol and Other Drugs Program (Department Health and Families);

2) Information about petrol sniffing and solvent abuse practices will be made available to the VSA Authorised Person/s; and

3) Extra training will be made available that is relevant to volatile substance abuse as deemed appropriate by WASC.

9. Seizure and Disposal of Volatile Substances

1) The seizure and disposal of volatile substances will apply to both VSA abusers and offenders who breach the legal storage requirements of volatile substances.

2) Any person under the age of 18 years with the possession of volatile substances, in particular petrol, may have the substance confiscated.

3) The VSA Authorised Person/s or police will seize and dispose of any volatile substance in the following manner;

a. volatile substance is seized by the VSA Authorised Person/s or the local police, then;

b. volatile substance secured in lockable container located in VSA Authorised Person or police vehicle, then;

c. volatile substance transported for storage to a highly secured area, then;

d. the volatile substance is then disposed of or destroyed appropriately by the VSA Authorised Person/s or Police.

10. Practices and Procedures Relating to the Management, Possession, Supply and use of Volatile Substances.

1) Abusers or potential abusers;

a) The possession of a volatile substance, particularly unleaded fuel other than Opal, is prohibited by any person under the age of 18 years within the management area. Unless a reasonable explanation can be given.

2) The penalties of illegal possession, storage and supply of volatile substances;

a) The VSA Management Plan prohibits the use of any other unleaded fuel other than Opal, in vehicles or machinery within the boundaries as specified in the Gunbalanya Management Area. Person/s suspected of possessing prohibited unleaded fuel that may be used to inhale will be in breach of the VSA Management Plan. Person/s suspected of breaching the VSA Management Plan will be reported to the Police.

b) Contractors, businesses, government agencies and other organisations are required to secure all non-prohibited volatile substances (spray paint, glue and the like) in a lockable container according to Australian Standards.

c) Under Section 52 of the Volatile Substance Abuse Prevention Act it is an offence to

knowingly supply volatile substances to another person (regardless of age) if it is suspected that the person will;

• Inhale the volatile substance

• Supply the volatile substance to another person to inhale.

Penalty:

200 penalty units or imprisonment for 2 years.

d) Contravention of management plan. A person must not contravene a management plan.

3) 100 penalty units or imprisonment for 6 months.

WASC Responsibilities

a) WASC will erect signs that are visible to all traffic arriving and departing from the management area.

The signs are to advise the public of the management area, restrictions in place and penalties for breach of the VSA management plan.

b) Only fuel with low aromatic hydrocarbons that are less harmful, such as OPAL, is to be available for

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c) WASC will purchase OPAL fuel for use in all WASC owned small engines.

Community members and visitors, whether employees, contractors or tourists, to legally possess and store volatile substances;

a. When the Police investigate a suspicion of breach of the VSA Management Plan any person in the area will provide assistance and information to the Police in their investigation.

b. Non-residents guilty of an offence under this VSA Management Plan will be reported to Traditional Owners, any relevant contracting parties (for example, West Arnhem Shire Council) and the Northern Land Council, who may decide to cancel their entry permit, or take other actions as deemed appropriate by them.

c. The use of jerry cans and other petrol storage vessels is discouraged.

d. All visitors, including Government officials, contractors and employees will be advised of the requirement that any vehicle, machinery and motors are to be diesel or OPAL fuel operated.

11. Acute Care Strategy

a) The acute care of any abuser identified as a “Chronic Sniffer” and deemed in need of Medical Therapeutic Intervention or Treatment will be referred to the Gunbalanya Health Centre of the Department of Health and Families and to the Northern Territory Gunbalanya Police.

b) The chronic abuser of a volatile substance who poses a risk to the health and safety of themselves or others may be considered for relocation. The relocation will be to a safe place deemed by the community accompanied by an adult.

c) Any chronic abuser under the age of 25 will also be referred to the WASC Youth Program for inclusion in diversionary activities. The diversionary activities will be developed in accordance with the current needs.

12. Behavioural Change Strategies

The purpose of the following strategies is to provide special care for those youth who are not acute volatile substance abusers.

These abusers may be deemed ready for individual case management programs or programs that are achievable and can be conducted in the community.

These programs are designed for all the youth and families in Gunbalanya.

a) Mentoring Programs - employment and work placement in the community.

b) Traineeships - Various through DEEWR.

c) Return to work Program - For youth on unemployment benefits through CDEP.

d) Youth Diversionary program.

e) Sport and Recreation inclusion program.

f) Weekly information sessions about VSA at the Youth Centre.

g) Elders in the Community will talk to the identified abuser.

h) Other stakeholder programs such as Police, School, Parks Australia and Health Clinic.

i) Parent programs

j) Volatile Substance Abuse programs run by specialists

13. Longer Term Strategy

a) Residents of Gunbalanya (Oenpelli) will only use OPAL or diesel fuel.

b) To encourage Jabiru Service Station and other service stations along the Arnhem and Kakadu Highway to sell OPAL Fuel.

c) The purchase of OPAL fuel for use in outboard motors, whipper snippers’, lawn mowers and other small machinery.

d) OPAL fuel is readily available in the community at Gunbalanya Service Station.

e) Sourcing funding to create a ‘dormitory’ style centre in Gunbalanya and in an outstation to be solely used for VSA programs.

f) Development of a West Arnhem Shire Volatile Substance Abuse Management Plan.

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14. Evaluation

The Evaluation of the total program would cover many facets.

• Compiling correct statistical data on the number of persons affected by current solvent abuse or suffering from effects of past use.

• The placement of identified sniffers in a VSA program or outstation for treatment.

• Youth Programs will be increased at high risk times (e.g. wet season)

• Analysis of individual programs and what support structures have been successful or have not met expectations.

• Analysis of the number of offences committed by persons abusing solvents – i.e.: Number of Unlawful Entries, Interfere with Motor Vehicles – Persons seeking Petrol or other substance to sniff.

• Community Involvement – The number of local parents seeking out assistance or contributing to programs. Taking at risk youths to outstations for lessons in culture or hunting.

Detailed monitoring and evaluating on the above factors will identify the success or deficiencies of the VSA Management Plan.

The Constitution of the Gunbalanya Volatile Substance Abuse Management Committee can be viewed at the West Arnhem Shire Council office.