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Legislative Assembly for the ACT: 1997 Week 10 Hansard (25 September) . . Page.. 3429 ..

Mr Speaker, this bill introduces amendments which are necessary to re establish a Sobering Up Shelter for the ACT.

The amendments are required to facilitate new arrangements for searchesto be conducted of intoxicated persons presenting at a sobering up shelter, prior to their admission to the place.

The impetus to implement such searches arose as a result of a death which, as Members will recall, occurred when an intoxicated person was in the care of a sobering up place formerly operated at Arcadia House.

The Coroner commented, in relation to the incident, that if the ACT was to continue to have such places, consideration must be given to clarifying the powers to search intoxicated persons.

This comment was made in the context of the person having been found, after his death, to have substances on his person which, had they been found when he presented to Arcadia House, would have resulted in medical treatment being sought for him.

An intoxicated person presenting to a licensed place will only be admitted to the care of the place after the person has been searched for items to:

. aid in assessment of the person' s condition (eg presence of potentially dangerous substances on the person);

. prevent harm to the person or other clients or staff of the licensed place (eg removal of potentially dangerous items); and

. enable the property of the person to be secured during his or her stay at the place.

It is intended that a search will only be conducted by a carer at a place where the carer is satisfied, on reasonable grounds, that the intoxicated person does not object to the search being conducted.

Similarly, the property of the searched person should only be retained for "safe keeping" by the place if a carer believes on reasonable grounds that this is not objected to by the intoxicated person.

Referral to the Sobering Up Shelter will be completely open, and will include self referral.

Where the police are the referring agency it is intended that they will advise the intoxicated person prior to transporting them to the Shelter that they will be required to submit to a search by Shelter staff.

Police will continue to conduct "pat down" searches prior to escorting the intoxicated person to the Shelter.

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