Public Intoxication Act 1984 (SA)

South Australia Public Intoxication Act 1984 An Act to provide for the apprehension and care of persons found in a public place under the influence of a drug; and to provide for other incidental matters.

Contents Part 1—Preliminary 1 Short title 2 Objects and guiding principles 4 Interpretation 5 Administrative provisions 6 Application of Act Part 2—Apprehension and care of persons under the influence of a drug 7 Apprehension of intoxicated persons 8 Application for declaration 9 Transfer of persons detained in sobering-up centres Part 3—Miscellaneous 10 Custody of persons detained 11 Offence of ill-treating or neglecting persons detained 12 Offence to remove or aid escape of detained person 13 Immunity relating to official powers or functions 15 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Public Intoxication Act 1984. 2—Objects and guiding principles (1) The object of this Act is— (a) to promote the minimisation of harm that may befall a person in a public place as a result of a person's intoxication; and (b) for that purpose, to confer appropriately limited powers— (i) to remove an intoxicated person from a public place in which the person is vulnerable or may become a threat; and (ii) to take the person to a place of safety until the person is recovered. (2) In the performance of their functions under this Act, the Minister, police officers, authorised officers and other persons or bodies involved in the administration of this Act are to be guided by the following principles: (a) primary concern is to be given to the health and well‑being of a person apprehended under this Act; (b) a person detained under this Act should, where practicable, be detained in a place other than a police station. 4—Interpretation In this Act, unless the contrary intention appears: authorised officer means a person appointed as an authorised officer for the purposes of this Act; child means a person under the age of 18 years; close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include— (a) the relationship between a legally married couple; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind; Note— Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them. domestic partner—a person is the domestic partner of another if the person lives with the other in a close personal relationship; drug includes alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning; officer in charge, in relation to a police station, means the police officer for the time being in charge of the police station; person in charge, in relation to a sobering-up centre, means the person for the time being in charge of the sobering-up centre; public place includes— (a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and (b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and (c) a road, street, footway, court, alley or thoroughfare which the public are allowed to use, despite the fact that the road, street, footway, court, alley or thoroughfare is on private property; relative, in relation to a person, means father, mother, stepfather, stepmother, guardian, spouse, domestic partner, son, daughter, grandparent, grandchild, brother, sister, stepbrother or stepsister of that person, or brother or sister of a parent of that person; responsible officer, in relation to a police station, means— (a) the officer in charge of the police station; or (b) if a police officer has, for the time being, been designated by the officer in charge of the police station as the officer with responsibility for persons accepted into custody at the police station—that officer; sobering-up centre means premises declared to be a sobering-up centre for the purposes of this Act; spouse—a person is the spouse of another if they are legally married. 5—Administrative provisions (1) The Governor may, by proclamation, declare premises that have facilities for the care and treatment of persons under the influence of a drug to be a sobering‑up centre for the purposes of this Act. (2) The Governor may, by proclamation, vary or revoke any proclamation under this section. (3) The Minister may, by instrument in writing, appoint such number of persons to be authorised officers for the purposes of this Act as the Minister thinks necessary or desirable for the proper administration of this Act. 6—Application of Act This Act applies in relation to any person, whether child or adult.