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Legislative Assembly for the ACT: 1999 Week 13 Hansard (9 December) . . Page.. 4214 ..

(3) The Minister must not approve a protocol that has the effect of exempting a member of the staff of the facility from the operation of a law in relation to the possession, use or dealing in substances.

5B Publication of law enforcement protocol

(1) As soon as practicable after making an instrument under section 5A, the Minister must publish in a newspaper notice of the effect of the instrument.

(2) The notice must state the places where a copy of the law enforcement protocol may be bought or, at any reasonable time, inspected.

(3) The Minister must ensure that-

(a) copies of the law enforcement protocol may be bought at each place stated for that purpose in the notice; and

(b) a copy of the law enforcement protocol is, at any reasonable time, available for inspection at each place stated for that purpose in the notice.

5C Approval of internal management protocol

(1) The Minister may, by instrument, approve a protocol relating to the facility as the internal management protocol for this Act.

(2) Before making an instrument under subsection (1), the Minister must be satisfied that the following requirements will be met:

(a) the facility must be under the supervision of a supervisor;

(b) the supervisor must have general oversight of the clinical operations of the facility and responsibility for ensuring that adequate clinical procedures are used in the facility;

(c) each member of staff of the facility who directly supervises injection of substances at the facility must be a doctor or a nurse;

(d) each member of staff of the facility who issues equipment at the facility for use in injection of substances at the facility must hold an approval under Part 7 of the Drugs of Dependence Act;

(e) the facility must contain, or provide satisfactory access to-

(i) primary health care services (including medical consultation and medical assessment services); and

(ii) drug and alcohol counselling services; and

(iii) health education services; and

(iv) drug and alcohol detoxification and rehabilitation services; and

(v) services for testing for blood borne diseases;

(f) the health and safety of staff and users of the facility must be protected, having regard to the design of, and services provided by, the facility;

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