The Drugs Poisons and Controlled Substances (Volatile Substances) (Extension of Provisions) Act 2006

"Volatile substances" or "inhalants" refer to everyday household products such as paint ("chroming"), glue, paint thinner, deodorants and petrol, when inhaled for an intoxicating effect. As they can be purchased legally and inexpensively, they are readily obtainable by young teenagers.

The Drugs Poisons and Controlled Substances (Volatile Substances) Act 2003 had its origins in the Inquiry into the Inhalation of Volatile Substances, which was undertaken by the Drugs and Crime Prevention Committee (DCPC) in 2001. The Inquiry examined the factors contributing to inhalant abuse, considered the options to reduce and prevent inhalant abuse, and reviewed the adequacy of existing strategies. The Inquiry report was tabled in the Victorian Parliament in 2002 and made 16 recommendations. One of these recommendations was that legislation be enacted to provide the police with the power to take preventative action to deter the use of volatile substances.

The 2003 Act does not criminalise inhalant abuse, but enables police to provide an early intervention to protect the health and welfare of young people. Under the legislation, police can apprehend young people under 18 years who are reasonably suspected of abusing volatile substances. They can search young people, seize volatile substances and items used to inhale, and link young people to suitable care, eg parent or other caregiver, hospital, or drug treatment agency. Adults can also be apprehended if police have reason to believe that they intend to provide a volatile substance or item used to inhale to a person under 18, for the purpose of inhaling. Young people cannot be held in a police cell or lock-up. If the young person cannot be released into the care of a responsible adult and no longer appears to be at risk to themselves or others, they can be released independently. A Protocol between Victoria Police and relevant agencies has been developed to support the use of the legislation (see below).

The Volatile Substance Abuse Protocols Advisory Committee oversees the implementation of the legislation. It has wide representation from the community sector and across government.

The impact of the legislation is being reviewed. The Department of Human Services has been collecting data from Victoria Police, alcohol and drug agencies, and child protection. The preliminary (first year) data shows that there have been over 80 individual contacts under the legislation by police with young people. Young people have been connected to their families and/or residential placements, drug and alcohol services, or hospitals for emergency care. Some of these contacts have been repeat events with the same young people.

The 2003 Act was due to sunset on 30 June 2006. A new Act, the Drugs Poisons and Controlled Substances (Volatile Substances) (Extension of Provisions) Act 2006 has just been passed which extends this legislation for a further two years, to 30 June 2008. This will allow for the completion of the review of the impact of the legislation. Work is continuing to collect data from Victoria Police and relevant agencies, in order to provide more information about the way the legislation is working, and outcomes for young people. This will inform recommendations regarding the future of the legislation.

Further information

Further information about the legislation and other government initiatives on volatile substance use can be obtained from www.health.vic.gov.au/drugservices/pubs. Documents that can be downloaded include the Volatile Substances Protocols 2004; Management Response to Inhalant Use: Guidelines for the community care and drug and alcohol sector; and Inhalant Abuse Information Kit for the Koori Community. The Responsible Sale of Solvents: A Retailers Kit can be obtained from:

Meredith Kiraly
Phone 9096-2821
E mail Meredith.kiraly@dhs.vic.gov.au.

Feedback on the use of the legislation is welcomed.