COURSE OVERVIEW:

Welcome to the Legislative & Regulatory Obligations in Alcohol & Other Drugs Support course. This program has been designed for professionals working in AOD (Alcohol and Other Drugs) services across Australia, including clinicians, peer workers, outreach staff, and program managers. It provides a solid understanding of the legal and ethical frameworks that underpin effective, rights-based AOD support. By exploring national and state-based legislation, ethical foundations, and key regulatory systems, this course will equip you with the knowledge required to deliver safe, lawful, and compassionate care in a sector that operates at the intersection of health, justice, social services, and human rights.

Alcohol and other drug support services in Australia encompass a wide range of interventions—from harm minimisation and withdrawal management to rehabilitation, peer support, and dual diagnosis care. This course begins by introducing the AOD practice environment, highlighting the service intersections with mental health, disability, child protection, and the criminal justice system. Professionals in this sector often work in high-stakes scenarios—supporting clients experiencing overdose, trauma, involuntary treatment, or significant psychosocial distress. Legal and ethical literacy is essential to navigate these complexities safely and to uphold the dignity and safety of both clients and practitioners.

AOD work involves significant legal exposure due to the risks associated with substance-related harm, mandatory reporting, and criminal conduct. This section examines the legal accountabilities of AOD workers across all jurisdictions, particularly in situations involving child safety, client violence, involuntary care, or overdose response. Participants will explore how to identify risk, comply with legal duties, and respond lawfully in crisis situations. It also addresses the consequences of non-compliance, including civil litigation, professional misconduct, regulatory sanctions, and damage to public trust.

At the heart of AOD practice lies a strong ethical commitment to dignity, autonomy, and harm reduction. This section explores the core values that shape ethical decision-making in AOD support, including compassion, non-judgement, cultural respect, and the right to self-determination. Ethical complexities—such as balancing client freedom with duty of care, or responding to relapse—are examined in depth. Reflective practice, cultural sensitivity, and trauma-informed approaches are highlighted as essential tools in maintaining ethical integrity within a legal framework.

National legislation sets foundational rules that apply across all Australian jurisdictions. This section introduces the Narcotic Drugs Act 1967 and the Therapeutic Goods Act 1989, which govern the manufacture, approval, and supply of treatment substances such as methadone or buprenorphine. The Crimes Act 1914 outlines federal drug offences, while the Privacy Act 1988 establishes strict obligations around the handling of client health and treatment information. Participants will also explore how the NDIS Act 2013 applies to dual diagnosis clients, and how the Work Health and Safety Act 2011 and Fair Work Act 2009 protect staff and service users in clinical and community-based settings.

National strategies provide a coordinated policy framework for AOD practice. This section outlines the National Drug Strategy 2017–2026, the National Alcohol Strategy 2019–2028, and the National Ice Action Strategy, all of which guide demand, supply, and harm reduction initiatives. The NHMRC Alcohol Guidelines (2020) are also discussed, providing evidence-based thresholds for health practitioners to support low-risk alcohol use education and screening interventions.

Each state and territory in Australia has its own laws governing AOD service delivery, enforcement, and treatment. This section provides an overview of key legislation in every jurisdiction—from the Drug Misuse and Trafficking Act 1985 (NSW) to the Alcohol Harm Reduction Act 2017 (NT)—covering issues such as possession, trafficking, supervised consumption, diversion, and involuntary treatment orders. Practitioners will also learn how to comply with local licensing requirements, program frameworks (e.g., NSPs), and statutory powers that affect AOD service delivery in their region.

In many AOD support settings, practitioners work with clients who have co-occurring mental health and substance use issues. This section introduces each jurisdiction’s Mental Health Act, focusing on provisions for involuntary treatment, informed consent, and risk mitigation in dual diagnosis contexts. Practitioners will learn how to coordinate care with mental health services, document legal capacity, and maintain lawful information sharing practices when working with multidisciplinary teams or navigating compulsory treatment scenarios.

AOD practitioners have a legal duty to report suspected abuse or neglect, particularly where substance use is linked to risk in caregiving environments. This section outlines mandatory reporting obligations by jurisdiction, the legal thresholds for action, and the practical steps for engaging child protection services while maintaining therapeutic rapport with parents or carers in treatment. It also explains how to document concerns professionally and respond appropriately in complex family situations.

Finally, workplace safety is a legal and ethical priority in AOD services. This section explains how the Work Health and Safety Acts in each jurisdiction apply to settings such as outreach, detox centres, and community-based programs. Specific risks—such as sharps handling, aggressive behaviours, lone worker arrangements, and exposure to illicit substances—are explored alongside the responsibilities of employers and employees. Emphasis is placed on proactive risk management, WHS planning, and ensuring a physically and psychologically safe workplace.

By the end of this course, you will have a thorough understanding of the legislative and ethical frameworks that shape professional practice in the AOD sector. Whether you work in clinical treatment, outreach, peer support, or case coordination, your ability to comply with the law and apply ethical judgement will play a critical role in delivering safe, rights-respecting, and evidence-based care to some of the most vulnerable members of the community.

Each section is complemented with examples to illustrate the concepts and techniques discussed.

LEARNING OUTCOMES:

By the end of this course, you will be able to understand the following topics:

1. Introduction to Legislative Obligations and Ethical Compliance in AOD Support

Understanding the AOD Practice Environment in Australia

• Overview of AOD support services, including harm minimisation, detoxification, rehabilitation, peer support, and dual diagnosis care.
• Intersections with mental health, child protection, disability, and criminal justice systems.
• Importance of operating within both legal and ethical boundaries to safeguard clients and practitioners.

Legal Accountability and Risk in AOD Work

• The importance of understanding and complying with legal requirements across all jurisdictions.
• High-risk scenarios in AOD settings.
• Consequences of non-compliance: legal action, regulatory penalties, reputational harm.

Ethical Foundations in AOD Practice

• Core values: dignity, compassion, harm reduction, and non-judgement.
• Balancing client autonomy with duty of care in ethically complex scenarios.
• Role of personal and professional reflection in ethical AOD support.

2. National (Commonwealth) Legislation Relevant to AOD Support

Core Laws Governing AOD Support Practice

• Narcotic Drugs Act 1967: Regulates manufacture and supply of narcotic drugs for medical and research purposes.
• Therapeutic Goods Act 1989: Controls therapeutic substances (e.g., methadone, buprenorphine) and regulates their distribution.
• Crimes Act 1914: Outlines federal drug-related offences and associated penalties.
• Privacy Act 1988 (incl. Australian Privacy Principles): Governs handling of sensitive health information, including intoxication status or treatment records.
• NDIS Act 2013: Responsibilities when supporting NDIS participants with dual diagnosis (mental health and substance use).
• Work Health and Safety Act 2011: Ensures safe environments for staff and clients, particularly when dealing with volatile or high-risk behaviours.
• Fair Work Act 2009: Sets standards for employment conditions, protections for staff in AOD programs, and rights of employees accessing treatment.

National Health and Treatment Frameworks

• National Drug Strategy 2017–2026: Australia’s overarching framework for reducing AOD-related harm through demand, supply, and harm reduction.
• National Alcohol Strategy 2019–2028: National policy for reducing alcohol-related harm.
• National Ice Action Strategy: Targets methamphetamine use and associated community impacts.
• NHMRC Alcohol Guidelines (2020): Evidence-based health advice on low-risk drinking to inform education and harm reduction approaches.

3. State/Territory Legislation for AOD Practice

Substance Control and Treatment Laws by Jurisdiction

• NSW: Drug Misuse and Trafficking Act 1985; Drug and Alcohol Treatment Act 2007
• VIC: Drugs, Poisons and Controlled Substances Act 1981; Alcohol and Drug Dependency Act 1968
• QLD: Drugs Misuse Act 1986; Alcohol and Other Drugs Act 1996
• WA: Misuse of Drugs Act 1981; Alcohol and Drug Authority Act 1974
• SA: Controlled Substances Act 1984; Drug and Alcohol Services Act 1996
• TAS: Misuse of Drugs Act 2001; Alcohol and Drug Dependency Act 1968
• ACT: Drugs of Dependence Act 1989; Alcohol and Other Drug Services Act 1998
• NT: Misuse of Drugs Act 1990; Alcohol Harm Reduction Act 2017

Scope of State-Based Legislation

• Criminal offences.
• Civil treatment orders for involuntary detox or rehabilitation.
• Police diversion programs and drug court pathways.
• Local regulation of needle and syringe programs (NSPs) and supervised consumption.

4. Mental Health and Compulsory Treatment Legislation

Mental Health Acts by Jurisdiction (AOD Dual Diagnosis Interface)

• NSW: Mental Health Act 2007
• VIC: Mental Health and Wellbeing Act 2022
• QLD: Mental Health Act 2016
• WA: Mental Health Act 2014
• SA: Mental Health Act 2009
• TAS: Mental Health Act 2013
• ACT: Mental Health Act 2015
• NT: Mental Health and Related Services Act 1998

Legal Implications for AOD Practitioners

• Supporting clients subject to involuntary treatment orders.
• Risk management obligations when co-occurring mental illness and substance use are present.
• Coordinating with mental health services while maintaining privacy and informed consent.

5. Mandatory Reporting, Child Protection and WHS Laws

Mandatory Reporting and Child Protection Responsibilities

• Obligation to report suspected abuse or neglect, including from substance-exposed parenting environments.
• Understanding jurisdiction-specific thresholds for reporting and referral processes.
• Working collaboratively with child protection services while supporting parents in treatment.

Work Health and Safety Legislation Across States/Territories

• WHS responsibilities when delivering outreach or working in shared clinical environments.
• Employer and worker responsibilities under harmonised WHS law or state equivalents.
• Managing hazards: aggressive behaviour, sharps disposal, intoxicated clients, lone worker protocols.

COURSE DURATION:

The typical duration of this course is approximately 2-3 hours to complete. Your enrolment is Valid for 12 Months. Start anytime and study at your own pace.

COURSE REQUIREMENTS:

You must have access to a computer or any mobile device with Adobe Acrobat Reader (free PDF Viewer) installed, to complete this course.

COURSE DELIVERY:

Purchase and download course content.

ASSESSMENT:

A simple 10-question true or false quiz with Unlimited Submission Attempts.

CERTIFICATION:

Upon course completion, you will receive a customised digital “Certificate of Completion”.