A. PREVENTING INTOXICATION
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Definition of intoxication in legislation
8.1 Intoxication by alcohol or other drugs should be defined in relevant legislation in order that the levels of intoxication can be more confidently gauged through direct observation, and the responsible service of alcohol requirements applied confidently by both servers and police.
Inter-department consultation on development of definition of intoxication
8.2 Inter-departmental consultation is required in relation to the development of a definition of intoxication, which should not confuse intoxication with disability or brain injury, or other medical conditions, such as diabetes and asthma, and which should address industry concerns about allegations of discrimination.
Proposed offence of being intoxicated on licensed premises
8.4 That licensing laws be amended to introduce an offence for being intoxicated on licensed premises (in line with the new definition of intoxication which is able to be gauged by direct observation).
Proposed offence of attempting to enter a licensed premises while intoxicated
8.5 In addition to the current offence of being intoxicated on licensed premises, there should be an offence of attempting to enter licensed premises whilst intoxicated and after having been refused entry to those premises.
Proposed offence for patrons purchasing and supplying alcohol to an intoxicated person
8.20 An offence be introduced for a patron who purchases liquor for an intoxicated person on licensed premises and supplies liquor to them on those licensed premises. Penalties equivalent to those applying to a licensee or employee are appropriate. |
Government Response
The Government will consider appropriate amendments to the Liquor Act 1982 and Registered Clubs Act 1976 in light of these proposals and bring forward appropriate legislation in late 2004 or early 2005. To do this, the Government will shortly establish a Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement to be chaired by the Department of Gaming and Racing. It will provide advice to the Government on the recommendations of the Summit and will be tasked with bringing forward specific legislative proposals concerning:
§ intoxication offences (8.1, 8.4, 8.5) § offences concerning secondary sales (8.20) § offences concerning minors (8.16, 8.22) § offences concerning Alcohol Free Zones (8.19) § level of penalties for offences (8.7, 8.68) § appropriate level of penalties to be covered by penalty notices (8.10, 8.17) § police move on powers (8.62, 10.7).
The views of stakeholders, including health care, community services, Aboriginal community and liquor industry stakeholders will be taken into account. Amendments in relation to the definition of intoxication or offences relating to intoxication may also have consequential impacts on a range of other legislation so any changes in the law could have wide ramifications and will need to be considered very carefully.
See also Recommendations 8.23.2 and 9.26.
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Public education focused on patrons at licensed premises
8.3 A public education campaign be conducted and information provided to patrons at licensed premises to change drinking behaviour. |
Government Response
Information and education programs targeting patrons at licensed premises are a key component of any alcohol harm reduction program. Most liquor retail venues are required by law to display printed material concerning responsible service of alcohol and the intoxication provisions of the liquor laws, including refusal to supply intoxicated patrons and ejecting intoxicated patrons from licensed premises.
In addition, some liquor accords develop local public education campaigns including promotional material covering the safe use of alcohol in and around licensed premises such as carry bags for take-away liquor venues bearing messages to help promote the responsible sale, supply and consumption of alcohol. These approaches will be encouraged in all liquor accords.
Key state-wide public education programs targeting patrons underway include the No Proof No Purchase program – an education program to alert patrons to the need for proper identification to be used to purchase alcohol and enter licensed venues, and the No More. It’s the Law program – an education program for staff and patrons of licensed venues to encourage responsible service and drinking, and knowledge of the liquor laws.
During 2004/2005 the Department of Gaming and Racing will report to the new Government Alcohol Education and Information Taskforce on current and new strategies to promote responsible drinking by patrons at licensed premises.
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Regular inspection of licensed premises to ensure responsible service of alcohol
8.6 Regular inspections of licensed premises by police officers, and where appropriate Department of Gaming and Racing inspectors or other authorised persons, are needed so observations can be made and feedback provided to licensees on the application of the principles of responsible service of alcohol by them and staff. |
Government Response
Regular inspections are one tool which can help to encourage more interventions and better standards of responsible service of alcohol.
Department of Gaming and Racing special inspectors regularly conduct audits of licensed premises to determine compliance with the liquor laws and responsible service of alcohol principles. These audits identify problems such as non-compliance with responsible service of alcohol conditions, and venues are required to address those problems The Department has regional and hot spot audit programs where licensed venues in a region or an identified trouble spot are targeted for inspection and audit. Around 1,500 licensed venues across New South Wales will be inspected under the Department’s audit program during 2003/2004. This is expected to increase in 2004/2005.
NSW Police also conduct similar compliance checks where Local Area Commands have dedicated specialist licensing officers. See response to Recommendation 8.76 for more information.
The NSW Police Linking Project in the Hunter region, a joint initiative between the Hunter Centre for Health Advancement, NSW Health and NSW Police, also targets licensed venues that have irresponsible alcohol service practices. The Linking Project will be rolled out across New South Wales during 2004 with funding provided by the NSW Police and the Alcohol Education and Rehabilitation Foundation. This will assist police and regulators to more effectively target licensed venues with repeated alcohol related incidents. See Recommendation 8.73 for more information on the Linking Project.
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More accurate penalty notice records to identify repeat offenders
8.7 An appropriate record of warnings issued and past penalty notices issued should be kept so that those coming before the court cannot claim they were not on appropriate notice. |
Government Response
Action on this recommendation will be considered by the interagency Alcohol Related Crime Intelligence Working Party to be established by the Minister for Police and chaired by the Director-General, Ministry for Police (Rec. 8.69).
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B. PREVENTING UNDERAGE ACCESS TO ALCOHOL IN LICENSED PREMISES
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More stringent checks on proof of age at licensed premises
8.8 Standardisation of, and stricter criteria for, acceptable identification is required. Licensed venues should ascertain age by reference only to a driver’s licence, Government Proof of Age Card, or a passport.
Proof of age identification for under and over 18 year olds
8.9 The age limit for proof of age cards should be removed and the card should distinguish between under 18 year olds and over 18 year olds. |
Government Response
It is an offence for a minor to use false evidence of age, or for persons to make a false Proof of Age Card to access alcohol and licensed venues. Police may issue $55 on-the-spot fines to minors. Larger fines of up to $5,500 may apply through the courts to adults.
The liquor laws identify three types of acceptable evidence of age for purchase of alcohol and entry into licensed venues – a driver’s licence, a Proof of Age Card, and a passport. These are acceptable because they are Government issued and subject to high level quality and security controls.
The law does not prevent staff in licensed venues from accepting other forms of proof of age – such as club membership cards and the Birth Card issued by the Registry of Births, Deaths and Marriages. However, it is up to the venue to decide if the evidence of age is satisfactory (is valid and proves the person is at least 18 years of age). Heavy penalties can apply where evidence of age should plainly have been rejected by a venue.
The Minister for Roads announced late in 2003 that the Government would introduce a new photo ID card for people who do not drive but still need some form of identification. It will help to further reduce the use of false identification documents by minors to access alcohol. The new ID Card will be available for people aged 16 years and over and will be able to be used in situations where a driver’s licence is accepted as identification. It is expected to be available from RTA motor registries later in 2004, and will eventually replace the Proof of Age Card as evidence of age for accessing alcohol, gambling and tobacco products.
A Working Party has been established to develop legislation to support the card, including penalties for fraud, theft and other forms of misuse, and to consider how to distinguish card holders who are under 18 years of age. Legislation to support the card will be introduced during 2004.
Once the new photo ID card is available, the Government will change the liquor laws so that licensed venues may only accept a driver’s licence, the new photo ID card, a Government issued Proof of Age Card/Birth Card, or a passport, as forms of identification and acceptable evidence of age. The Government will work with the liquor industry so venues and young patrons are not disadvantaged by the new arrangements.
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Increase the penalty notice for supply of alcohol to a minor on licensed premises
8.10 Increase the penalty notice only for the offence of supply alcohol to a minor on licensed premises from $550 to $2,500. |
Government Response
The Government is considering appropriate amendments to the Liquor Act 1982 and Registered Clubs Act 1976 in light of these proposals. Penalty notices under the liquor laws may be issued by police or Gaming and Racing inspectors. Offenders can still elect to have the matter dealt with in court.
It is important that there be a consistent regime of penalty notices across legislation, and in general, penalty notices issued to adults for offences under the Liquor Act 1982 and Registered Clubs Act 1976 are set at ten percent of the maximum penalty. For the offence of supply alcohol to a minor, on or outside of licensed premises, the maximum penalty is generally $5,500. Therefore, the penalty notice amount has been set at $550. In circumstances of aggravation (eg. where large amounts of liquor or young children are involved) courts can impose a higher maximum penalty of $11,000 or twelve months imprisonment, or both.
The Government Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement will provide advice to the Government on the current levels of all penalties for all conduct offences under the Liquor Act 1982 and Registered Clubs Act 1976, including minors and intoxication offences, during 2004 with a view to appropriate legislation in late 2004 or early 2005.
Consideration will also be given to improved training for police and Gaming and Racing inspectors on the use of penalty notices as an effective harm prevention and intervention strategy.
See also Recommendations 8.1, 8.22 and 8.23.2.
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Education to prevent secondary supply by adults to minors on licensed premises
8.11 Initiatives should be undertaken to educate against the provision, in a licensed premise, of alcohol to minors by adults (other than the licensee). There should be signage to this effect in licensed premises. |
Government Response
It is illegal for any person to sell or supply liquor to a minor in a licensed venue (s.114, Liquor Act 1982). This offence applies to the licensee, staff, parents, guardians, and other patrons in a venue, and carries a maximum $5,500 court penalty or a $550 on the spot penalty notice.
Licensed venues (except registered clubs) must display signs in every bar or service area alerting patrons to this offence (cl.33, Liquor Regulation 1996). The Department of Gaming and Racing will review this requirement and other signs concerning the supply of alcohol to minors during 2005. It will also consider extending the requirement to display these signs in registered clubs.
Other key strategies include:
§ Department of Gaming and Racing education of the liquor and club industries as well as community campaigns to raise awareness about the underage drinking laws. Resources are available for licensed venues and the wider community on the underage drinking laws. § Targeted campaigns such as the distribution of printed material to secondary school principals and students. § A dedicated Young People and Alcohol page on the Department of Gaming and Racing website. A direct link from the new Government alcohol information website will be established. § The NSW Police Supply Means Supply program which provides information to licensees, parents and school students in the Central Coast, Hastings, Port Macquarie, Taree and Kempsey areas on the health and legal consequences of alcohol consumption. It includes information on supply of alcohol to minors in licensed venues. The program is being expanded to other priority Local Area Commands (Recs. 8.15 and 8.23).
See also Recommendation 8.12 for information on education to prevent underage access to alcohol.
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C. PREVENTING UNDERAGE ACCESS TO ALCOHOL OUTSIDE OF LICENSED PREMISES
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Education campaign on parental and secondary supply of alcohol to minors
8.12 A whole-of-government education campaign is required on the issues of parental and secondary supply of alcohol to underage persons.
State-wide rollout of education campaigns on secondary supply of alcohol
8.15 State-wide rollout is recommended of education campaigns such as Supply Means Supply on the secondary supply of alcohol conducted by NSW Police, Central Coast Health and the Department of School Education on the Central Coast, and such campaigns should be adaptable to ensure that they are appropriate to a diverse range of community groups. |
Government Response
The new Alcohol Education and Information Taskforce (Rec. 1.3) will give priority to public education programs to prevent secondary supply to minors.
The interagency Supply Means Supply alcohol abuse prevention and education program currently on the Central and Mid North Coasts will be expanded by NSW Police to cover ten priority Local Area Commands over the next two years. It will be independently evaluated by NSW Health prior to any further expansion.
The Department of Gaming and Racing’s No Proof No Purchase campaign and the Why risk it? campaign, a specific secondary supply campaign will also be relaunched and evaluated over the next two years.
The best practice liquor accord model referred to in Recommendation 8.26 will include strategies involving licensed venues, local stakeholders and Community Drug Action Teams around secondary supply of alcohol.
In addition, the Department of Education and Training will develop a new resource for students in Years 11 and 12 to support the implementation of Crossroads, a personal development and health course. This will include content relating to secondary sales of alcohol and will be available to schools during 2004.
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Wider distribution of the NSW Police Safe Party Pack
8.13 The NSW Police produced safe party kit should be funded with a view to a wider distribution to parents across the state, and the kit should be adaptable to ensure that it is appropriate to a diverse range of community groups.
Police and Community Drug Action Teams developing Safe Party Packs
8.14 Police should participate on Community Drug Action Teams state-wide on developing safe party kits. |
Government Response
Distribution of Safe Party Packs
NSW Police will provide printed Safe Party Packs and relevant fact sheets, currently available on the police internet at www.police.nsw.gov.au, to all 80 Local Area Commands in the State. This will enable police to distribute hard copies of the packs locally on request. Fact sheets on standard drinks, tips for parents whose children are attending parties, and the legal, health and social risks of secondary supply of alcohol to minors will be distributed with the newly printed packs.
Local police will promote the availability of the packs widely in their local areas and make them available to outlets that are not traditionally accessed for information on alcohol and drugs, like local councils, clubs, party hire organisations, bottle shops, security firms, reception centres, record outlets, and local disco operators.
The Safe Party Pack includes a Standard Notification Form about a party which parents can give to their local police in advance.
The role of local police and Community Drug Action Teams
Community Drug Action Teams (CDATs) will be encouraged to assist police to promote the availability of the Safe Party Packs and Notification Forms in their local areas.
The NSW Police State Community Drug Action Coordinator promotes police participation in CDATs, and many local police are involved in CDATs.
Information on the NSW Police intranet will be expanded to reflect the expansion of the CDAT role in addressing alcohol issues including a link to the Safe Party Pack.
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Compulsory conferences and interventions for minors who breach the liquor laws
8.16 Minors who breach relevant laws be referred to attend an alcohol conference, for example, ‘circle’ conferencing or other suitable conference mechanisms, which includes experts, counsellors and victims of alcohol related crime. |
Government Response
With regard to youth conferencing and other criminal justice interventions applicable to young people who commit alcohol related offences including breaches of the liquor laws, refer to Recommendations 8.22, 9.13 and 9.25.
It is also proposed to make greater use of the Young Offenders Act 1997 in dealing with minors who breach the liquor laws by improved training for police, Juvenile Justice officers, and the courts.
The recommendation will be further considered by the Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement.
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Reviewing Alcohol Free Zones
8.17 A preliminary evaluation of young people’s knowledge of the current fine for drinking illegally in an Alcohol Free Zone be conducted, and whether they consider an increase in the penalty would deter drinking in such zones.
8.18 That there be a trial, evaluated by the Bureau of Crime Statistics and Research, in Cronulla, Bondi and Manly and the inner-city be established, of an increase in the penalty notice for drinking illegally in an Alcohol Free Zone from $22 to $220.
8.19 That police be provided with the authority to confiscate alcohol outside Alcohol Free Zones when an offender has been observed to exit the zone with alcohol. |
Government Response
Penalties of $22 for drinking in a designated Alcohol Free Zone are issued by way of police infringement notices. Notices are issued on a state-wide basis and were introduced in 1993 under s.642 of the Local Government Act 1993. It would be inappropriate to impose differential fines in different parts of the State as suggested by Recommendation 8.18.
Instead, the Director-General, Department of Local Government will undertake evaluation to assess the effectiveness and impact of the Alcohol Free Zone provisions of the Local Government Act 1993 over the past ten years. The evaluation will include:
§ consultation with all key stakeholders § a survey of young people’s perception and knowledge of Alcohol Free Zones § assessment of the impact on Aboriginal people § an assessment of the current penalty levels § assessment of the extent and current usage of Alcohol Free Zones.
The Director-General will provide a report to the Government for consideration during 2005.
The Office of Children and Young People will conduct a short survey of young people’s knowledge of the Alcohol Free Zone legislation and the $22 infringement notice fine during four regional youth forums to be held with young people in 2004. This will assist in the evaluation of the legislation.
Consideration will also be given to providing police with a specific power to seize alcohol in the possession of adults leaving an Alcohol Free Zone, and to incorporation of this power in the package of legislation to be brought forward by the Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement to be chaired by the Department of Gaming and Racing (Recs. 8.1, 8.16, 8.22, 8.62 and 10.7).
Police may already seize alcohol in the possession of underage drinkers under s.11(2) of the Summary Offences Act 1988 in any public place if the officer suspects on reasonable grounds that the person is under 18 years; is not under the supervision of a responsible adult; and does not have a reasonable excuse for possessing the alcohol.
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Improve police relations with young people
8.21 Consideration be given to localised initiatives to improve relations between young people and police. We note the importance of PCYC, youth liaison officers and crime prevention officers in this process. |
Government Response
The recommendation is consistent with current Government and police policy practices and programs, which will be sustained and expanded. These include:
§ Police Crime Prevention Officers (CPO) and Police Youth Liaison Officers (YLO): Each of the 80 NSW Police Local Area Commands has at least one CPO and one YLO. Many also have a ‘back-up’ officer. These officers are trained to promote collaborative approaches to working with young people in situations such as underage drinking in public places. Police will continue to hold specific training forums on alcohol, drugs, young people and crime prevention for these officers as well as for police on Community Drug Action Teams and PCYC police. § Police and Community Youth Clubs (PCYC): The 57 NSW Police and Community Youth Clubs (PCYCs) have about 30,000 members with 120 police officers and 2,500 volunteers providing recreation and sporting opportunities, educational support, capacity building, and leadership opportunities. They work with young people on crime prevention and with young offenders, supporting them to reconnect with family, education and community. Over the next four years, all PCYC coordinators will be requested to develop strategies to improve relations between police and young people, to promote personal development and recreational opportunities in local communities, and to reduce drug and alcohol abuse by young people in their areas. § Police Innovative Models for Police and Community Training Program (IMPACT): This program funds local police training on community projects, such as ‘Positive Contact’ workshops between police and young people, and strategies to improve community relations, including the relationship between police and young people. Over the next three years, IMPACT funding will give priority to funding projects in crime hotspots which have associated youth related issues. § Indent Strategy: to promote safe and drug and alcohol free events: Police work closely with the Indent Strategy sponsored by the Ministry for the Arts, and the Office of Children and Young People. The strategy works with PCYCs, Youth Liaison Officers and Crime Prevention Officers to ensure local events are supported and monitored by local authorities. Indent events are developed and run by young people and aim to address a lack of accessible and appropriate entertainment, particularly in regional and remote areas. Better relations are facilitated with police as fewer young people are attracted to anti-social and risk-taking behaviours through boredom and lack of positive recreational opportunities. Over the next three years, the Indent Strategy will focus on rural and remote areas and the particular concerns of Aboriginal young people. It will also be independently evaluated. § Youth Regional Forums: The Office of Children and Young People, in partnership with local councils, will host four regional forums which will be managed and facilitated by young people. The forums will give young people in regional areas of New South Wales the opportunity to voice their opinions on a wide range of issues including strategies for improving relations between young people and police. § Aboriginal Youth Justice Advisory Network: The NSW Aboriginal Justice Advisory Council has established an Aboriginal Youth Justice Advisory Network consisting of young Aboriginal people from around New South Wales. The network will develop strategies for improving relations between young Aboriginal people and police. § Aboriginal Youth Leadership project: An Aboriginal Youth Leadership project is being developed by the Office of Children and Young People as part of the Aboriginal Child, Youth and Family Strategy. It will help young Aboriginal people build capacity and resilience to avoid risk taking and anti-social behaviours. It will also promote positive role models among the Aboriginal youth population who promote positive contact between young Aboriginal people and police. § Youth In Sport (YIS) program: This program gives young people at risk of coming into contact with the criminal justice system a chance to develop self esteem and skills. It consists of a variety of sport and recreation programs conducted with PCYCs. Projects that address alcohol and drug issues through sport and recreation will be considered during the 2004/2005 program. § Crime Prevention Division - Safer Communities Development Grants: Safer Communities Development Grants are made available to support local government programs that (amongst other aims) target the diversion of young people from the criminal justice system. Aboriginal Youth Grants are made available to support community projects targeted specifically at diverting young Aboriginal people from the criminal justice system. The added benefit of these programs is improvement in police relations with young people. § Police Youth Policy Statement: The 2001-2005 statement sets a broad framework of police policy around youth issues. A new policy statement for the years 2006-2010 will be issued in early 2006.
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Tougher penalties for alcohol offences concerning persons under 18 years
8.22 The NSW Government review the alcohol laws concerning minors in relation to penalties for purchasing, possession and consumption of alcohol so as to protect minors from the influence of alcohol and binge drinking. |
Government Response
Offences in relation to alcohol related offences by minors are covered by the Liquor Act 1982, the Registered Clubs Act 1976, and the Summary Offences Act 1988.
The Liquor Act 1982 provides for penalties of $1,100 for minors using false evidence of age; for consumption of liquor; and for offences by minors in hotels, nightclubs and restaurants. The Registered Clubs Act 1976 also provides for penalties of $1,100 for consumption of liquor by persons under 18 years; for persons under 18 years being in bars; and for using false evidence of age. The Summary Offences Act 1988 also prohibits possession of liquor by minors in a public place where the minor is not supervised by a responsible adult or does not have a reasonable excuse for possession, and allows police to seize the liquor in such situations. A $20 penalty applies.
The Government will consider proposals by the Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement (Rec. 8.1) and if appropriate will bring forward amending legislation.
See also Recommendations 8.10 and 8.20.
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8.23 The following recommendations contained in the submission of Mr David Amarti, Chairperson of the Licensing Court of NSW and Chairperson Liquor Administration Board were noted:
Preventing secondary supply at licensed premises – alcohol management plans
8.23.1 Secondary supply – A good plan of management of licensed premises, and appropriate conditions on a licence, such as prohibition at major sporting venues of sales of more than four drinks at any one time to a person, can be used in an attempt to reduce secondary sale practice. The requirements should continue.
Penalties for supply to minors in the home – penalty notices
8.23.2 Minors – police need to be instructed to consider the issue of penalty notices or Court Attendance Notices to adults detected providing alcohol to minors in private homes, particularly where parties get out of hand and it becomes apparent to police that the adult hosts have provided alcohol to minors. |
Government Response
Preventing secondary supply at licensed venues
Secondary sales or supply of alcohol causes problems when adults provide alcohol to minors (i.e. someone under 18 years of age), or when a person purchases liquor for an intoxicated person and supplies it to them.
Alcohol management plans outline a venue’s policies in regard to responsible supply and consumption practices, and monitoring of patron behaviour to ensure intoxication, underage drinking and anti-social behaviour does not occur on licensed premises. The concept of imposing alcohol management plans for all licensed premises was considered in the 2003 Summit on Alcohol Abuse plenary sessions, but not adopted.
However alcohol management plans are already required to be prepared as a condition of licensing large sporting venues. These conditions are imposed by the Licensing Court of NSW under the broad provisions of s.20 of the Liquor Act 1982.
Over the next four years, the Department of Gaming and Racing and licensing police will work with the Liquor Industry Consultative Council to encourage licensed venues and major event promoters to voluntarily create alcohol management plans for licensed venues. In particular stadiums and late trading venues will be encouraged to cover such matters as limiting the number of alcoholic drinks which can be purchased by one patron at a time. Consideration will also be given to other harm minimisation strategies such as providing free non-alcoholic drinks to designated drivers in groups. These strategies will be considered in the development of a best practice liquor accord model (Rec. 8.26).
Preventing inappropriate supply to minors in the home
The offence of supplying alcohol to a minor in a private home under s.114(1) of the Liquor Act 1982 can incur a penalty of $550 by infringement notice, and up to a maximum penalty of $11,000 where circumstances of aggravation exist. A statutory defence in s.114(6) of the Liquor Act 1982 is available to the parent or guardian of the minor, or where the person who supplied the liquor had permission from the parent/guardian of the minor supplied with alcohol.
Police have the power to issue infringement notices or court attendance notices to adults detected providing alcohol to minors in private homes, particularly in aggravated circumstances such as where private parties become difficult to manage.
These powers are identified in the NSW Police Management of Alcohol Related Crime courses delivered to specialist licensing police and certain other police over an eight day program at the NSW Police College, Goulburn (Rec. 8.71). This course is currently being evaluated through the NSW Police College. Consideration will be given to enhancing police training in this area.
Other prevention approaches are also being encouraged such as the Police/Health secondary supply prevention program Supply Means Supply developed in partnership with media organisations from the central to mid-north coast. The pilot program in the Central Coast, Hastings, Port Macquarie, Taree and Kempsey areas targets points of secondary supply of alcohol to minors including where alcohol is supplied by parents to minors.
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D. LIQUOR ACCORDS
The liquor accord strategy is a Government led initiative driven and supported by NSW Police, the Department of Gaming and Racing, the liquor industry, and in some cases local government and community groups. Liquor accords involve local stakeholders coming together to agree on a set of rules and standards to apply to the sale of alcohol and operation of licensed venues in an area.
Liquor accords are a community based approach to reducing alcohol related violence and crime, and improving compliance with liquor licensing laws.
Successful accords produce a range of positive community outcomes. Police experience is that where effective liquor accords exist, there have been reductions in alcohol related crime, fewer breaches of the liquor licensing laws, and increased cooperation between stakeholders.
The liquor industry is keen to participate in accords as they are underpinned by collaboration, transparency and trust between stakeholders.
Liquor accords usually require significant industry, government and community consultation. Aboriginal and other community representatives can also be included where that is appropriate. Accords establish a set of rules and/or standards which participants agree to adopt.
The value of liquor accords is their ability to provide local solutions to local problems. Accords have given local communities a say in the types of controls and strategies implemented to improve local amenity.
The response to Recommendation 2.12 includes other background information on liquor accords. The response to Section 8 recommendations concerning liquor accords is outlined below.
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Liquor accords – mandatory and enforceable accords
8.24 Accords should be mandatory and enforceable, with a state-wide regime of local liquor accords underpinned by legislation which highlights their role in decreasing alcohol related crime and anti social behaviour.
Liquor accords – compulsory participation in accords
8.25 This should be achieved in consultation with industry and the community, by extending the existing provisions of the liquor laws to make participation in liquor accords compulsory and to enable the police or the Director of Liquor and Gaming or a local consent authority to make application to the court for the compulsory establishment of a liquor accord in a nominated area for the compulsory participation in that accord by all licensed premises.
Liquor accords – participation by all liquor retailers
8.30 Supermarkets, bottle shops and other retail outlets which sell alcohol to participate in mandatory liquor accords especially in rural areas. |
Government Response
The Government supports the principle that establishment and conduct of liquor accords across New South Wales should be mandatory, and appropriate legislation will accordingly be brought forward in 2005.
Membership of an accord will remain voluntary. However, Liquor Administration Board requirements, made at the request of an accord and in the public interest, will apply to all applicable licensed venues within the accord area, regardless of the level of participation within that accord. This will encourage participation in accords, and ensure the spirit and intent of an accord made in the public interest can be enforced.
The amending legislation will build upon existing legislation introduced by the Government in 1999 and 2000 to ensure accords could include restrictions on liquor sales, entry to licensed venues, and liquor trading arrangements.
It is envisaged that the proposed legislation will also include the following elements:
§ the designation of accord areas will be determined by the Commissioner of Police and the Director of Liquor and Gaming, taking into account issues such as location, demographics, geography, and community precinct needs § Enable a local accord to apply to the Liquor Administration Board to have a specific condition imposed on an individual licensed venue requiring the venue participate in, and be bound by the decisions of, a local accord where there was a public interest § require venues not complying with decisions made by an accord to appear before the Liquor Administration Board so conditions can be imposed on the venue.
The Government acknowledges the submissions made by the liquor industry (notably ClubsNSW, the Liquor Stores Association, and the Australian Hotels Association) who have concerns about mandatory accords, and will work cooperatively with industry in developing the legislation.
Broad community consultation during the development and implementation of liquor accords involving established community groups will continue to be encouraged and will be outlined in the new best practice model accord.
The involvement of supermarkets, bottle shops and other retail outlets which sell alcohol will also be encouraged by the Department of Gaming and Racing in those areas where there are liquor accords. The proposed Liquor Accord Unit will develop strategies to assist in this process, including within the model accord (see recommendation 8.26).
The Department of Gaming and Racing will establish a Liquor Accord Taskforce – involving representatives of relevant Government agencies and industry and community groups – to coordinate the implementation of these new reforms following their enactment.
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Liquor accords – best practice model
8.26 A best practice liquor accord model should be developed, which can be customised to fit local circumstances and involves a mechanism for arbitration.
Liquor accords – three year strategy for accords
8.27 To implement roll-out of the best practice accord model, and improve the operation of accords generally, in partnership with the liquor industry a workshop should be held to develop a three year strategy for accords which can be customised for application locally.
Liquor accords – accord secretariat funding
8.28 Funding be provided for an accord secretariat/support function. |
Government Response
To effectively implement the wide ranging action associated with liquor accords, the Department of Gaming and Racing will establish a small centralised Liquor Accord Unit. The new unit will be responsible for implementing the new mandatory framework, developing a best practice model liquor accord, promoting the development of three year business plans for local accords, development of accord information resources, providing advice to local stakeholders, including Aboriginal communities, developing strategies to increase community and industry involvement, and evaluation of accord outcomes.
Best practice liquor accord model
The Department will develop a best practice liquor accord model by mid 2005. The model will provide guidance on issues which liquor accord participants should consider when developing accords, including community consultation during the development and implementation of accords, consultation with the Aboriginal community, and strategies that could be considered by individual accords for adoption, including lock outs, restricted trading hours, late night transport and the banning or restricting sale of alcohol in glass containers.
The model will be supported by an annual conference for accord coordinators to showcase accord initiatives.
The Department of Gaming and Racing will also develop an enhanced liquor accords webpage providing information to the public (Rec. 10.10).
Three year strategy for accords
As part of the best practice liquor accord model, the Department of Gaming and Racing will also develop a three year strategy (business plan) for accords in consultation with stakeholders. The strategy will be adaptable for application locally. The strategy will be delivered to local accords through workshops in areas where there are identified alcohol related violence and anti-social behaviour problems.
The Liquor Accord Taskforce – involving representatives of relevant Government agencies and industry and community groups – will also monitor and evaluate accord reforms, and identify any further measures that may be needed.
Accord secretariat funding
This recommendation refers to secretariat services for individual liquor accords.
Funding is provided to accords at a local level through a range of Government programs. For example, accord funding has been provided by NSW Health (through Area Health Services) and the Attorney General’s Department (through the Safer Communities Development Fund).
Local councils have also contributed funding to help establish and meet operational costs of accords. The Department of Gaming and Racing, local councils and specialist licensing police in Local Area Commands also provide assistance to accords either through direct involvement in their development and operation, or by providing advice.
Government funding provided for the administration of liquor accords will continue to be considered at a local level, on the basis that accord performance and results can be properly measured. Accountability in the management of local accord support funding is vital.
In some cases, accord members (principally licensed venues) contribute towards funding through levies and membership fees. This will continue to be an option for accord funding given that members are among the direct beneficiaries of any reductions in alcohol related violence and crime.
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Liquor accords – Aboriginal community consultation
8.29 Liquor accords to include community and local government consultation, involvement and cooperation with Aboriginal people from the local community, especially in areas with a significant Aboriginal population.
8.43 Liquor accords to include community consultation, involvement and cooperation with Aboriginal people from the local community, especially in areas with a large Aboriginal population. |
Government Response
Consultation with local stakeholders, such as community groups, the local council, and Aboriginal communities, helps to ensure liquor accords deliver better outcomes for all of the community.
The Department of Gaming and Racing and the liquor accord best practice model will provide guidance on issues which liquor accord participants should consider when developing accords, including broad community consultation during the development and implementation of accords – particularly consultation with the Aboriginal community and, where appropriate, with Aboriginal peak bodies such as the Aboriginal Justice Advisory Council, the Aboriginal Health and Medical Research Council of NSW, and the Department of Aboriginal Affairs.
The Department will provide advice to accords on consultation with local stakeholders, and on how the local community, including Aboriginal communities, can be involved in the development, management and ongoing assessment of their local accord’s impact.
The monitoring and review process will also monitor and review the outcomes of accord initiatives on significant Aboriginal communities.
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Liquor accord inclusions – ‘lock-outs’, patron number entry restrictions, take-away alcohol, and banning of glass containers
8.31 Accords should consider a ‘lockout’ for new patrons.
8.32 Accords should consider patron entry number restrictions.
8.40 Take-away alcohol facilities, including Good Friday trading, must be considered by local accords in line with local concerns.
8.55 Consideration be given in accords to the banning of glass based containers in areas and/or circumstances where there is a clear link between supply, consumption and alcohol related crime and violence. |
Government Response
Restricted entry policy or ‘lock-outs’
‘Lock-outs’ involve local venues agreeing not to allow entry to patrons at a time before the end of their approved trading hours. This can reduce noise and other problems associated with patrons moving between venues late at night when local residents may be most affected. Patrons inside the premises at the ‘lock-out’ time are free to stay on until closing time or leave at any other time, but new patrons may not enter from a time which is voluntarily agreed on.
A patron ‘lock-out’ is an important element of some liquor accords. For example, NSW Police indicate that Manly Hospital has reported a marked decrease in victims of assault, crime and alcohol related violence since a restricted entry policy was included in the Manly Liquor Accord.
The Government will continue to encourage liquor accords to look at including a ‘lock-out’ where that is appropriate. The operation of a ‘lock-out’ should take into account local circumstances.
The response to Recommendation 8.26 refers to a best practice liquor accord model. The Government will include ‘lock-outs’ in that model.
Patron number entry restrictions
Restrictions on patron numbers are primarily a matter for the local councils. Where licensed premises are used as a venue for public entertainment, the number of patrons allowed in the area where entertainment is held is limited to that included by the council in a “Place of Public Entertainment” authority issued under the Environmental Planning and Assessment Act 1979.
Liquor accords can consider limits on patron numbers within venues so long as they are consistent with any limit imposed under such an authority. This is a complex regulatory issue requiring expert assessment. Guidance on this issue will also be included in the best practice liquor accord model
Take-away alcohol
Take-away alcohol sales can be associated with public drinking problems in some communities – particularly late at night. Police report that alcohol related crime has been reduced in some communities where public drinking is a concern and restrictions on take-away alcohol sales have subsequently been implemented.
Restrictions on take-away alcohol sales have been imposed on some licensed venues by the Licensing Court and the Liquor Administration Board in response to local concerns. The restrictions are imposed under the liquor laws, and may limit the hours for take-away sales, or the types of alcohol that can be sold. This process will continue where appropriate.
Liquor accords can also agree on additional local take-away alcohol arrangements. The Department of Gaming and Racing will encourage accords to look at take-away sales where they are associated with local concerns. Any arrangements under an accord will need to be supported by local stakeholders.
Currently, it is not an offence for a licensed venue to allow patrons leaving premises at closing time to carry alcohol away with them during hours when take-away alcohol sales are not available (for example, between midnight and 5am).
The Minister for Gaming and Racing will consider appropriate legislative proposals which will make it an offence for a licensee, club secretary and club to allow a patron to carry away alcohol during hours when taking away sales are not permitted. It is envisaged that appropriate defences will be created. The NSW Liquor Industry Consultative Council will be consulted on any proposals developed
Good Friday take-away sales
The Liquor and Registered Clubs Acts currently ban take-away alcohol sales on Good Friday.
Take-away alcohol sales are permitted in Victoria on Good Friday, and some New South Wales hoteliers in border areas near Victoria claim they are disadvantaged as customers travel to Victoria to make their purchases.
Any change to the law to allow Good Friday trading has state-wide implications. The Government has indicated in the past that it does not support removal of restrictions on take-away liquor sales on Good Friday.
Nevertheless, the Government will consider the general issue of liquor trading hours – including the future arrangements for Good Friday trading, in the context of the development of further amendments to the Liquor Act 1982 anticipated in 2005.
Banning glass containers
Glass containers can be associated with health and law and order problems when they are combined with excessive alcohol consumption. Strategies to reduce or ban the use of glass can reduce alcohol related injury in a range of circumstances, particularly where there are large crowds or irresponsible drinking, and in outdoor settings.
Local liquor accords can agree to ban glass containers where it is appropriate and local stakeholders agree to that measure. However, accord arrangements may need to be flexible enough to allow glass containers to still be used in premises such as restaurants, where bottled wine and wine glasses may not be a problem.
As part of their ongoing inspections programs, Department of Gaming and Racing Special Inspectors and Police will monitor compliance with ‘no glass’ policies in local liquor accords.
The Department will include advice on banning glass containers where appropriate in its best practice liquor accord model.
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E. CONTROLLING SUPPLY TO MINIMISE ALCOHOL RELATED CRIME
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Controlling supply to minimise harm – evaluating 24 hour trading
8.33 An evaluation be conducted on the impact of current 24 hour trading in all licensed premises.
Controlling supply to minimise harm – tighter conditions for 24 hour licensed venues
8.34 Consideration be given to strengthening the conditions for 24 hour licensed venues, both on application for granting a license and when being considered by an accord. |
Government Response
There is evidence that extended and 24 hour trading can be a significant obstacle to reducing crime in and around licensed venues.
For example, one NSW Bureau of Crime Statistics and Research report on assault incidents on licensed venues in the inner-urban areas of Sydney, Newcastle and Wollongong found that a small number of problem venues account for a disproportionate number of assaults; that assault incidents on licensed premises were concentrated late at night or early in the morning and on weekends; and that hotels with extended or 24 hour trading recorded a greater number of assaults than those premises with standard trading hours.
Existing legislation allows for action to be taken where these issues arise, and new legislation and related initiatives will also allow problems that arise to be more effectively addressed.
The legislative framework controlling supply to minimise alcohol related crime already provides for Licensing Court approval of extended trading hours for licensed venues with input from local stakeholders (police, councils, residents, etc). The Court may impose conditions to minimise their impact on the local neighbourhood. Those conditions can include requirements for security guards, limits on noise emanating from the venue, provision of late night transport, and so on. In some cases, local councils may also have separate control over venue trading hours through approval processes under the Environmental Planning and Assessment Act 1979.
The existing liquor laws also allow police, residents, businesses and local councils to make complaints to the Liquor Administration Board which may lead to new conditions being imposed on licensed venues as well as reduced trading hours. The Board can arrange informal conferences with stakeholders and formal applications can also be made to the Licensing Court for a reduction in trading hours.
The Liquor Administration Board may also consider disturbance complaints about groups of licensed premises at the same time, and to bring additional licensed venues from the surrounding neighbourhoods into proceedings.
The Government will give consideration to a specific social impact assessment process for late trading venues when considering further amendments to the Liquor Act 1982 in 2005.
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Preventing alcohol related crime and anti-social behaviour: transport from late night venues
8.35 Taxi industry representatives, bus cooperatives and the like be brought together to discuss a uniform approach to the provision of transport from late night entertainment venues, including better coordination of services in the early hours and the security of drivers, etc. |
Government Response
The Ministry of Transport will facilitate discussions between Government and the transport and hospitality industries to investigate options in providing transport from late night venues. This will include consideration of what more can be done to enhance the security of taxi drivers who transport patrons from venues.
See also Recommendation 5.14 for more detail.
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Responsible service of alcohol training for security personnel
8.36 Mandatory security personnel training on responsible service of alcohol and conflict resolution. |
Government Response
All security officers must be licensed under the Security Industry Act 1997. The training that must be undertaken to obtain a licence includes training in conflict resolution.
Responsible service of alcohol training is mandatory for all liquor licensees, sellers and servers in retail licensed venues who are permanent employees (since 31 December 2003) and casual employees (by 30 June 2004). Retail venues include hotels, bars, clubs, liquor stores, restaurants, nightclubs, motels, vessels, universities, functions, and theatres.
The Government will extend the requirement for mandatory responsible service of alcohol training so that it also applies to security officers who work in retail licensed venues from 1 January 2005. Regulations will be introduced under the Liquor Act 1982 and the Registered Clubs Act 1976 later in 2004 to make this training mandatory.
Responsible service of alcohol training includes instruction in conflict resolution in situations where persons have been consuming alcohol. This training will enhance the conflict resolution skills of security officers working in licensed venues.
See also Recommendations 7.10 and 10.2 for background information on responsible service of alcohol training, and further information about training for security officers.
See also Recommendation 8.39.
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Improved venue management: maintain an incident register
8.37 Require premises to retain and maintain a mandatory incident register accessible to police at all times.
Improved venue management: CCTV monitoring
8.38 Require 24 hour premises to provide CCTV monitoring at major access and exit points. Recorded material to be retained for a minimum of one month and be made available to police at all times.
Improved venue management: engage security personnel
8.39 Require varied trading hour venues with entertainment to have sufficient security personnel. |
Government Response
Incident register
Incident registers are used to record details of incidents – such as anti-social behaviour and persons evicted or barred from the venue – occurring in and around a licensed venue. The register must be regularly and accurately maintained by venue operators if it is to be useful.
Incident registers can help venue operators and police identify trends in anti-social behaviour. They can also help deal with repeat offenders, assist in taking action against troublesome patrons, and be a central location for information on the duties of security staff.
Conditions on some licensed venues already require an incident register. This may have resulted from a disturbance complaint or disciplinary action in the courts. The Licensing Court may also impose this requirement on late trading venues to help with venue management, and it may also be a requirement of a liquor accord. Police and other stakeholders will continue to be able to take action under the liquor laws to have a condition imposed on a licensed venue requiring an incident register be maintained.
Requiring all licensed venues to maintain an incident register is unnecessary. The majority of venues are incident free, and the register would be an administrative burden for small business.
However, the Government does support incident registers for late trading venues as research shows these venues are associated with a greater proportion of alcohol related problems. The Minister for Gaming and Racing will consider appropriate legislative proposals to require late trading venues to maintain an incident register.
The Government will also include an incident register in the best practice liquor accord model to be developed as part of the response to Recommendation 8.26. Other action outlined in this Section which deals with late trading issues (such as periodic review of late trading and social impact assessments – see Recommendations 8.33 and 8.34) will allow venue licensing conditions to be amended to require an incident register.
Closed Circuit Television (CCTV) monitoring
CCTV is a useful tool to monitor licensed venues and prevent problems (such as overcrowding leading to aggressive behaviour) before they occur. CCTV can also be useful in recording incidents to assist police investigations. The Government supports the use of CCTV, where appropriate, in conjunction with other measures to supervise venues and assist licensees and police.
Some venues, including larger hotels and registered clubs, have voluntarily installed CCTV for their own security and patron management purposes. The Licensing Court and Liquor Administration Board can impose conditions on licensed venues to require CCTV. This could result from a disturbance complaint or concerns about late trading.
The Minister for Gaming and Racing will consider appropriate legislative proposals to require late trading venues that repeatedly offend or are a source of alcohol related problems to install CCTV. The Department of Gaming and Racing will also include use of CCTV by late trading venues in the best practice liquor accord model to be developed as part of the response to Recommendation 8.26.
Other action outlined in this Section which deals with late trading issues (such as periodic review of late trading and social impact assessments – see Recommendations 8.33 and 8.34) will also allow venue licensing conditions to be amended to require installation of CCTV.
Security personnel
The Government supports the use of security personnel in late trading venues, and notes that many venues already engage security as part of their own good management practices. The use of security personnel in licensed venues, particularly for late trading and/or entertainment venues, helps to preventing underage or intoxicated persons from entering, and in supervising and managing patrons.
The Licensing Court can impose conditions requiring venues to provide security personnel, usually in response to concerns about late trading. Where appropriate, the Liquor Administration Board may require a venue to engage security personnel following disturbance complaints. It is anticipated that the Court and Board will continue to require security personnel for venues where necessary, irrespective of venue trading hours.
Some liquor accords already include arrangements for venues to provide security – sometimes on a cooperative basis. This will be included in the best practice liquor accord model to be developed as part of the response to Recommendation 8.26.
The Minister for Gaming and Racing will consider appropriate legislative proposals to require problem venues to engage security staff. Late trading venues that repeatedly offend or are a source of alcohol related problems will be targeted.
Other action outlined in this Section which deals with late trading issues (such as periodic review of late trading and social impact assessments – see Recommendations 8.33 and 8.34) will also allow venue licensing conditions to be amended to require security personnel. See also Recommendations 7.10, 8.36 and 10.2 for further information.
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F. ISSUES FOR RURAL AND REMOTE COMMUNITIES
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Restricting the supply of alcohol: ‘dry’ options in selected areas
8.41 Whole-of-government and community discussion is required concerning the practicality and appropriateness of adopting varying ‘dry’ options in selected areas (not necessarily just in relation to Aboriginal communities).
10.6 Communities with a high percentage of Aboriginal people should be consulted over using restrictions on alcohol supply as a harm minimisation measure, and legislative and administrative practices should be established to ensure that any such restrictions that are directed and supported by Aboriginal communities can be put in place. |
Government Response
A ‘dry’ area is an area where alcohol possession, sales and consumption are not permitted. A ‘restricted’ area is an area where alcohol outlets are permitted and are subject to certain restrictions on how and when alcohol can be sold and supplied.
Queensland and the Northern Territory have ‘restricted’ and ‘dry’ areas that are managed by discrete Aboriginal communities and their governing Councils.
Some evidence suggests that creating ‘dry’ communities may have some positive impacts, such as decreases in road accidents, assault (including domestic violence), and alcohol related injuries. Other evidence suggests ‘dry’ communities may experience negative impacts, including an increase in the illegal sale and transportation of alcohol, and an increase in binge drinking.
Issues around alcohol sales and supply in Aboriginal communities can be tackled through:
§ provisions of the New South Wales liquor laws that can be used to reduce alcohol related issues in communities, including restrictions on trading hours and types of sales (eg. take-away sales) § complaints made by residents, police, local councils and others where the amenity of local neighbourhoods is unduly disturbed by the conduct of licensed venues and/or their patrons § the capacity of the Liquor Administration Board to hear and determine these disturbance complaints arising from the conduct of a group of licensed premises § liquor law provisions that prohibit the sale and supply of liquor without a licence and the sale of liquor to the public from unlicensed premises (offences attracting maximum penalties of $5,500 or imprisonment for six months or both) § local liquor accords which can implement supply restriction measures such as ‘lock-outs’.
In response to National Competition Policy requirements and assessments, the Government is preparing to introduce a new social impact assessment scheme to replace the current “needs test” in the Liquor Act 1982 which determines the number of hotels and liquor stores in a particular community (see Section 10). A feature of this Assessment scheme will be that the licensing authority will not be able to issue hotel and liquor store licences if the overall impact of the licence were to be detrimental to the local and broader community. The scheme will allow licensing issues specifically relating to Aboriginal communities to be considered before new venues are approved.
To assist in further community discussion on ‘dry areas’ the Department of Gaming and Racing will prepare a discussion paper on the supply and control of alcohol in Aboriginal communities and selected areas. The discussion paper will be prepared in consultation with Aboriginal groups, including the Aboriginal Justice Advisory Council, and will be released in 2005.
It is envisaged the discussion paper will be available in 2005 for public comment to enable careful consideration of appropriate policy and legislative options. The discussion paper will canvass any liquor licensing measures that may be required to support discrete Aboriginal communities in New South Wales wishing to become ‘dry’ or ‘restricted’ communities. It will also take into account licensing and other legislative reforms to be introduced during 2004 and 2005 and will address any competition policy implications associated with the concept of ‘dry areas’ or ‘restricted areas’.
See also Recommendations 2.8 and 10.6.
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A remote town trial to reduce alcohol related harm
8.42 A specific focus should be adopted on alcohol related issues and isolated rural communities – with a view to utilising Community Justice Groups and/or Working Parties in cooperation with a whole-of-government effort coordinated by The Cabinet Office to discuss, develop and then trial a package of initiatives in one or more remote towns. For example, Brewarrina, Engonia or Wilcannia could be used as a pilot case for Summit initiatives. |
Government Response
Significant targeted funding of drug and alcohol related projects in rural communities has been funded over the past three years under the Community Solutions and Crime Prevention Strategy.
A Steering Committee will be formed by the Office of Drug and Alcohol Policy, Department of Aboriginal Affairs, Aboriginal Justice Advisory Council, NSW Health, the Office of Children and Young People, the Strategic Projects Division of the Premier’s Department, NSW Police and the Department of Gaming and Racing to develop a proposal for two rural trials for substance abuse prevention trials.
The two trials will be tailored to the needs of local communities with significant Aboriginal populations. The trials will address alcohol, inhalant and illicit drug issues (Rec. 1.12).
The trials will be supported by local consultative committees, which may already be established. Members will include local community members, community groups, local councils, Aboriginal community representatives, government agencies, health services, and the liquor industry. In considering the location of the two trials, consideration will be given to the level of existing programs, the evidence of need, and community support for such trials.
The trials will be modelled on similar multifaceted projects such as the Cabramatta Anti Drug Strategy, the Community Solutions Town Projects, the Redfern/Waterloo Partnership Project and the Miller project. But they will give special emphasis to bringing forward projects which arise out of the recommendations of the Summit. The proposal will be progressed under the auspice of the Cabinet Standing Committee on Drugs and Alcohol.
In addition, the Government is developing a partnership project with the Alcohol Education and Rehabilitation Foundation in association with senior researchers from the medical schools at the Universities of Newcastle, New South Wales, Flinders and Queensland. The AERF has proposed a partnership project entitled Reducing Alcohol Related Harm in Rural Communities. Its key aim is to test the effectiveness of a multifaceted community action program in a range of rural towns across New South Wales. It is envisaged that the partnership project will closely involve the Department of Aboriginal Affairs and local Aboriginal communities.
See also Recommendations 1.12 and 8.56.
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Liquor accords – involving Aboriginal communities
8.43 Liquor accords to include community consultation, involvement and cooperation with Aboriginal people from the local community, especially in areas with a large Aboriginal population. |
Government Response
This Recommendation is dealt with in Part D on liquor accords.
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Aboriginal Substance Abuse in NSW Police Western Region report – implementation
8.44 Implementation by NSW Police of the recommendations of the Aboriginal Substance Abuse in NSW Police Western Region report, including specifically:
§ The development of recruitment and transfer procedures to improve suitability and preparation of police officers transferring to Aboriginal communities such as:
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selection criteria for officers transferred to Aboriginal communities to include demonstrated understanding of, and commitment to Aboriginal issues
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police applying for an Aboriginal community to be interviewed on location, to ensure thorough briefing on the community and policing context
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a specific Induction Program for police transferred to Aboriginal communities, and
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active encouragement for operational police to participate in community activities and provide incentive for officers to engage socially with members of their local Aboriginal community
§ Further develop and implement a cultural competency based training model for police officers § More proactive recruitment of Aboriginal Police, and an increased level of support during the recruitment process and training § Monitor on-the-job development of New South Wales police working in Aboriginal communities to ensure adequate debriefing on experience and attitude (which could be assisted by Community Justice Groups) § That in LACs with a high Aboriginal population, NSW Police increase the level of police participation in the Management of Alcohol Related Crime Course (MARC) § That NSW Police provide appropriate competency based training for Aboriginal Community Liaison Officers to more pro-actively assist police in the management, reduction and prevention of alcohol and drug related crime. |
Government Response
The Police Commissioner has requested the Assistant Commissioner who is the corporate spokesperson for Aboriginal issues to convene a police working group on Policing and Prevention of Substance Abuse in Aboriginal Communities. The working group will include the corporate spokespersons for drugs and alcohol, and has been tasked with providing an implementation timetable for action on the priority recommendations identified by the Summit on Alcohol Abuse. It will report with action plans to the Commissioner by the end of 2004.
These action plans will be implemented over the following three years and implementation will be jointly monitored by the Commissioner and the Department of Aboriginal Affairs.
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Alcohol harm reduction in Aboriginal communities: the role of Elders
8.45 Examine the important role community Elders, and in particular respected female Elders can play in intervention strategies with Aboriginal communities. |
Government Response
Three Indigenous communities will be specifically supported to develop an action plan for addressing alcohol issues by the Premier’s Department Community Drug and Alcohol Program. In developing and implementing these action plans, the program will build on the capacity and enhance the leadership skills of Elders and Indigenous workers in managing alcohol and drug issues in their community (Recs. 1.5 and 1.12).
This approach will be discussed at the Talking About Grog follow-up forum to be convened by the Department of Aboriginal Affairs later in 2004. The forum will also provide Elders and leaders with the opportunity to come together and discuss program and service roll-out in their communities.
The Aboriginal Youth Leadership project which is being developed by The Office of Children and Young People as part of the Aboriginal Child, Youth and Family Strategy will also aim to raise aim to link the role of Aboriginal Elders as positive role models for young Aboriginal youth people.
Alcohol harm reduction in Aboriginal communities: expand the role and numbers of Aboriginal Community Liaison Officers and Aboriginal police
8.46 NSW Police further extend the Aboriginal Community Liaison Officers program.
8.47 Proactively target recruitment strategies to increase the number of female Aboriginal Community Liaison officers (ACLOs) and the number of Aboriginal Police Officers in the NSW Police. |
Government Response
Enhancement of the Aboriginal Community Liaison Program
At present there are 56 Aboriginal Community Liaison Officers (ACLOs) employed in New South Wales. NSW Police will commission an independent review of the ACLO program and identify the most appropriate locations for ACLO placement, including an assessment of the gender balance of ACLOs in relation to community need.
Police are also using the Community Development Employment Projects (CDEP) scheme to train Aboriginal people for the Aboriginal Community Liaison (ACLO) role for when future vacancies occur. A number of CDEP trainees have joined NSW Police as police officers and administrative officers as a result of this work experience.
Competency based training for Aboriginal Community Liaison Officers
As part of the review of the ACLO program, NSW Police will examine what support structures and training programs are available to ACLOs and increase support services for these positions.
NSW Police provides Aboriginal Cultural Awareness Training to all new recruits as part of their foundation training at Goulburn Police College and ongoing for existing police officers. NSW Police will further develop the Aboriginal Cultural Awareness Training at the Goulburn Police College as a competency based model to be implemented across all ranks within the NSW Police Service.
Number of Aboriginal police officers in the NSW Police
The NSW Police Aboriginal Employment Strategy has been revised and strengthened as the Aboriginal Employment Strategy 2003-2005 to identify further employment and career development options for Aboriginal people. Koori specific recruitment days are held regularly, using promotional materials targeted specifically to the Aboriginal community. The strategy will provide a basis for the Working Group, under the Assistant Commissioner who is the corporate spokesperson for Aboriginal issues, to advance Recommendations 8.44, 8.46, 8.47, and 10.9.
Support for Aboriginal police during recruitment and training
The Police Commissioner has requested the Assistant Commissioner who is the corporate spokesperson for Aboriginal issues to convene a Police Working Group on Policing and Prevention of Substance Abuse in Aboriginal Communities. The Working Group will provide a timetable for action on the priority recommendations on recruitment and training identified by Recommendation 8.44 of the Summit to the Commissioner.
The action plans on recruitment and training of Aboriginal police and ACLOs will be implemented over the following three years. Implementation will be jointly monitored by the Commissioner and the Director-General, Department of Aboriginal Affairs.
NSW Police established the Aboriginal Employees Network Support Network in 1982 for Aboriginal police officers, ACLOs and support staff. The Network was reviewed in 2002 and new policies and procedures established to provide better support to employees. NSW Police employ an Aboriginal Recruitment Officer, and an Aboriginal Employment Coordinator who supports the Network as well as providing advice on the Aboriginal Employment Strategy.
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Alcohol harm reduction in rural and remote communities: improved youth facilities and activities
8.48 Increase the facilities for young persons living in remote areas and increase the scope for youth activities operated by local businesses, government and non-government agencies. |
Government Response
Key programs and initiatives are being continued and assessed in line with evidence based policy approaches:
Indent program for young people: To assist young people to access activities and services, the Government launched the Indent Strategy in October 2001 in response to the Drug Summit. The Indent Strategy provides grants to young people to promote and produce safe drug and alcohol free entertainment for their peers, particularly in rural and regional communities in New South Wales. The Ministry for the Arts, with the Office of Children and Young People, is developing a new Indent Strategy. The program will be independently evaluated prior to further expansion.
The Community Solutions and Crime Prevention Strategy has funded many youth projects in priority locations. Many of these programs have targeted areas with high Aboriginal populations. Implementation of the current program is continuing and evaluation of the program outcomes will be undertaken.
Youth in Sport (YIS) program: This program administered by the Department of Tourism, Sport and Recreation gives at-risk young people a chance to develop self esteem and skills. It provides sport and recreation programs conducted by the Department and by Police and Community Youth Clubs (PCYCs), especially in rural and remote New South Wales. Projects that address alcohol and drug issues through sport and recreation in rural and remote New South Wales will be given particular priority in future project funding.
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Reducing alcohol related harm in rural and remote communities by increasing support for family support services, health services and treatment services
8.49 Increase family support services, health and treatment services by DoCS and Health in remote towns. |
Government Response
The Government’s response to the Drug Summit specifically targeted rural and regional communities.
Similarly, alcohol programs supporting families and alcohol treatment services will be implemented in regional and remote areas of New South Wales. The Government’s emphasis will be on improving services for people living in regional and remote communities.
Family support services are being enhanced by:
§ Appointment of 100 new caseworkers across the State during 2003/2004 and 2004/2005 to increase Department of Community Services out-of-home care services for general foster care services, intensive case management and intensive foster care. Employment of these caseworkers will aim to reflect the demographics of the areas in which they are situated. The new Aboriginal Employment Unit in the Department of Community Services will help to increase the number of Aboriginal caseworkers. § Development of new service models to better meet the needs of children and young people in general foster care; with complex and high support needs; and from Indigenous families and communities, some of which will be based in remote areas. § Appointment of additional Community Program Officers in Western, Northern and Southern Regions to work with new Aboriginal Out-of-Home care service providers, and enhance support for existing Aboriginal organisations for additional foster care places for Aboriginal children and young people. These will be Aboriginal identified positions where possible. § Establishment of a new intensive family support service at Bourke aimed at improving parenting practices (including managing alcohol abuse) and reducing rates of children referred to the Department of Community Services.
§ An Aboriginal Family Violence Program in Dubbo which focuses on rehabilitating perpetrators of violence. The program takes an integrated approach to family related violence by working closely with services for victims of family related violence, children and the community, and provides a model which could be used in future program developments.
Health drug and alcohol and treatment services are being enhanced by:
§ Implementation and evaluation of the Drug and Alcohol Training Scheme Projects, which comprises four distinct projects, one of which targets rural frontline workers and aims to increase recognition of drug and alcohol problems in clients presenting at population specific services and either assist directly, or provide appropriate referrals. § Implementation of the Family and Carers Training Project that will provide training for family support service staff and related organisations in every Area Health Service in New South Wales. The training will enable these staff to provide appropriate information and referral to families who have a member with a drug related problem. A worker tool kit has been developed and a take-away resource for family members. A companion Aboriginal Family and Carers Training Project is currently being developed. § Ongoing implementation of the Grog Project in the Far West Area Health Service. This project is funded by the National Mental Health Reform Incentive Project and the NSW Drug Summit and operates in Menindee and Brewarrina. It aims to: § develop the capacity of service providers and communities to respond more effectively to alcohol related problems § support communities to develop strategies and take action § support the development of effective structures in the community. § Continued funding of Area Health Services and non-government organisations which provide a full range of detoxification services to manage the symptoms of alcohol withdrawal. These occur in an inpatient and outpatient setting, with or without the assistance of supportive pharmacotherapies. A range of models is currently used for providing detoxification services including general hospital beds, particularly in rural areas where no alternatives exist. § Service planning that will document state-wide demographic data in relation to drug and alcohol harm, service configuration across the State, as well as quantify need for specific population groups. Where appropriate, NSW Health will adjust the distribution of services to ensure that all residents of New South Wales have equity of access in proportion to the needs of the population. NSW Health will identify priorities for the provision of services to priority population groups, including people in rural and isolated areas, and substance using parents and their children. § Rehabilitation services that deal with alcohol rehabilitation from a cultural perspective are imperative for the Aboriginal community as Indigenous people are reluctant to access mainstream services. A review of Aboriginal drug and alcohol rehabilitation facilities will be undertaken to assess where current needs are not being met, and to consider where and how Aboriginal rehabilitation services could be established to best meet the needs of Indigenous communities within New South Wales.
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Reducing alcohol related harm in rural and remote communities: Aboriginal programs to reduce family violence
8.50 Support Aboriginal owned and managed community programs that aim to reduce family related violence and alcohol associated harms. |
Government response
Key initiatives to promote Aboriginal owned and managed community programs which strengthen Aboriginal families and reduce sexual assault are underway and include:
§ The NSW Aboriginal Family Health Strategy which was released in 1993 and aims to reduce family violence and sexual assault in Aboriginal communities. The NSW Aboriginal Health Branch will be asked to provide a progress report on action arising from the strategy and identify further priority action areas. § The Yareka project established by the Department of Community Services to provide prevention and early intervention services, child protection services Intensive Family Support Services, out of home care, and post intervention services. § Under the framework of the Yareka Project the Department of Community Services funds Intensive Family Support Services for Aboriginal families in crisis. The services are staffed by Aboriginal people, and are overseen by an Aboriginal Advisory Committee. They aim to prevent unnecessary placement of children in substitute care. They help parents to create a safe environment for children, and re-unify children with their parents/caregivers if a child is removed. Two services are currently funded in Casino (run by the local Malanee Bugilmah community) and Redfern (run by the local Yallamundi community). Two new services will be established in Wollongong and Bourke in 2004. § The Aboriginal Family Violence Prevention Program - a pilot program undertaken in Dubbo in early 2003. The program targeted Aboriginal male perpetrators of family violence within a culturally appropriate framework. The program was developed by the Dubbo Aboriginal community in partnership with the Attorney General’s Department and the Department of Corrective Services Probation and Parole Service, as well as other community agencies. The partners involved in the development of the program are presently giving consideration to extending and implementing the program. § The Rekindling the Spirit Program which operates from the Lismore Probation and Parole Office and established in 1998. It targets Aboriginal men in the Lismore region who are clients of the Probation and Parole Service or the Department of Community Services. It addresses the needs of Aboriginal families, and issues such as domestic violence, drug and alcohol abuse, and child abuse or neglect. It aims to assist Aboriginal men in changing their behaviour, and in reducing violence in the Aboriginal community. The Department of Corrective Services is currently evaluating the potential to extend the program in Lismore (to include a parallel program targeting Aboriginal women and children) and to replicate it in Tabulum. § The Murdi Paaki trial in the Murdi Paaki ATSIC region in Far West New South Wales which aims to improve outcomes for Aboriginal children and young people. It is a partnership between the NSW and Commonwealth Governments and the Murdi Paaki Aboriginal and Torres Strait Islander Commission (ATSIC) Regional Council and began in August 2003. § A new Aboriginal Controlled Multi-Purpose Centre (Mt Druitt) to be established later in 2004 and managed by the local Mii Mali community. It is funded under the Community Solutions and Crime Prevention Strategy, and will provide a space where the local Aboriginal and Torres Strait Islander community can meet and access community, health care and referral advice about drug and alcohol services.
See also Recommendations 8.63-8.67 below.
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Reducing alcohol related harm in rural and remote communities: increased detoxification and rehabilitation services.
8.51 Increase availability of detoxification and rehabilitation, sobering-up shelters, and refuges in rural areas with identified alcohol issues. |
Government Response
See Part J – Managing intoxicated persons in public places.
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Reducing alcohol related harm in rural and remote communities: increase police and gaming and racing licensing activities
8.52 Increase Police and Gaming and Racing Licensing activities. |
Government Response
A number of Government initiatives that respond to Summit recommendations will increase liquor licensing activities in rural and remote areas through:
§ enhanced licensed venue inspection programs by police and Gaming and Racing special inspectors (Rec. 8.6) to increase compliance with the liquor laws § enhanced contact with venue operators through the Linking Project being adopted as standard police practice across New South Wales (Rec. 8.73) § more recruitment of Aboriginal police, and more police trained in the management of alcohol related crime (Rec. 8.44) § more efficient policing tools to enforce the licensing laws in rural and remote areas (Recs. 8.58 and 8.59) § training and education for all police around liquor law enforcement will enable more police to effectively participate in licensing activities through better law enforcement and initiatives such as liquor accords (Recs. 1.4 and 8.71, and Part D of this Section) § police action to ensure that each Local Area Command has at least one dedicated licensing officer, which will also increase police capacity to undertake licensing activities in rural and remote areas (Rec. 8.76) § integration of police and Department of Gaming and Racing enforcement data which will increase the information available to police and regulatory officials and assist them to better undertake licensing activities (Rec. 8.74).
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Reducing alcohol related harm in rural and remote communities: Providing food for people while drinking
8.53 Extend the Wilcannia Food Trial to other appropriate areas. |
Government Response
This three month trial was previously conducted in Wilcannia and involved hoteliers serving finger food from mid-morning on the Wednesday to the Friday evening of the social security fortnight payday. NSW Police provided half the cost of the food from the patrol budget, and coordinated the food supply from local businesses. The trial was based on evidence that eating while drinking reduces the level of intoxication, and Police advice was that this trial reduced alcohol related violence and alcohol related crime.
Sections 21 and 23AA of the Liquor Act 1982 currently require hotels and nightclubs to ensure a light meal is available to patrons. Sections 21B and 51A of the Act apply similar food requirements to Community Liquor Licences and surf club social functions. Restaurants are required to provide meals under section 23, and other venues may have court imposed conditions requiring food to be available. Making food available can help reduce excessive alcohol consumption and ameliorate the problems associated with unsafe drinking.
Rather than resurrect the Wilcannia program, it is proposed to encourage hotels, registered clubs, nightclubs, and other licensed premises to ensure healthy food is available on the premises. The requirement to ensure food is available will be updated to apply to all venues with on premises consumption. New guidelines on compliance with the law and licence conditions requiring food will be issued by the Department of Gaming and Racing in 2005. The new model liquor accord will contain improved guidance to licensees and local communities about providing food to patrons while they are drinking. Particular attention will be given to compliance with the Liquor Act 1982 and the new guidelines in Western New South Wales.
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Reducing alcohol related harm in rural and remote communities: expanding night patrols
8.54 Increase funding for night patrols in areas where they are required and ensure they operate all night. |
Government Response
See Recommendations 9.27 and 9.28.
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Reducing alcohol related harm in rural and remote communities: reducing the harm of glass containers
8.55 Consideration be given in accords to the banning of glass based containers in areas and/or circumstances where there is a clear link between supply, consumption and alcohol related crime and violence. |
Government Response
See the Section on liquor accords above which responds to this recommendation.
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Reducing alcohol related harm in rural and remote communities: tackling the special problems associated with location and alcohol abuse
8.56 Through the Getting it Together scheme, explore and identify issues of drinking patterns or settings among young people and adults of culturally and linguistically diverse backgrounds to develop strategies with relevant community groups to reduce alcohol related incidents. |
Government Response
The Government is developing a partnership project with the Alcohol Education and Rehabilitation Foundation in association with senior researchers from the Medical schools at the Universities of Newcastle, New South Wales, Flinders and Queensland. The partnership project will test the effectiveness of a multifaceted community action program in about 14 rural towns across New South Wales. The NSW/AERF project provides a more appropriate vehicle by which to implement the recommendation.
The Getting it Together project, on the other hand, was established to help young people who are particularly at risk of drug and alcohol abuse, but not likely to seek help from regular services. It funds specialist case managers and brokerage assistance to ensure that this particularly vulnerable group of young people can access services such as accommodation, welfare support, health and legal assistance, education and training. As it is an applied service delivery model, it is not the most appropriate vehicle to undertake research and development. It may however be an appropriate service model to consider in some of the rural towns covered by the overall partnership project.
See also Recommendation 8.42.
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Reducing alcohol related harm in rural and remote communities: promoting cadetships
8.57 Examine the feasibility of introducing locally based ‘regional cadetships’ to facilitate recruitment and training for government service roles, particularly in difficult to fill locations. |
Government Response
The Public Employment Office (PEO) in the Premier's Department is examining the feasibility of establishing regional cadetships and traineeships pathways in Government agencies in regional and remote areas. PEO is also consulting with the Department of Education and Training.
Through a number of mechanisms the Government is looking at means of developing pathways to employment at a regional level for Aboriginal community members. Across the State, Government agencies are working in partnerships with the local business sector and Aboriginal community organisations to increase job opportunities for Aboriginal people. Initiatives vary from region to region, for example, NSW Government employers in the North Coast have already established a Regional Aboriginal Employment Coordination project.
The Premier's Department is also implementing an election commitment to employ 100 Aboriginal cadets in the NSW Public Sector.
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G. PUBLIC SAFETY
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Closure of licensed premises for serious breaches of the peace
8.58 Amend the Liquor Act 1982 and Registered Clubs Act 1976 to allow a senior police officer of the rank of an Inspector or above, or an authorised person, to close premises until the next normal opening times, or for twelve hours (whichever is the shorter), where the officer holds the reasonable opinion that this is required because there is a breach of the peace.
8.59 All such operations of the closure power should be reported to the Licensing Court, and evaluation of the effectiveness and appropriateness of the operation of the powers by police or authorised person should be conducted annually by an independent body. |
Government Response
Current liquor laws include venue closure provisions. The Commissioner of Police or the Director of Liquor and Gaming may apply to an “authorised justice” for an order to close a licensed venue for up to 72 hours (s.104A, Liquor Act 1982, and s.17AAB, Registered Clubs Act 1976).
A closure order of up to 72 hours can issue where a serious breach of the liquor laws has occurred or is likely to occur on the premises, and closure is necessary to prevent or reduce a “significant threat or risk to the public interest” (eg. public health or safety, substantial damage to property, significant threat to the environment, or a risk of serious offences).
Under s.105 of the Liquor Act 1982, a Magistrate may also direct a licensee to close a licensed venue where there is, or is likely to be, a breach of the peace in the neighbourhood of the venue. Any person may make an application to a magistrate.
The Summit recommendations go beyond the above provisions by providing police and others with limited powers to directly close venues for up to twelve hours without reference to a justice.
But the Government notes submissions from ClubsNSW, the NSW Liquor Stores Association, and the Australian Hotels Association (NSW) concerns about providing closure powers to police and “authorised persons”. The industry has called for closure powers to continue to be limited to authorised justices only, particularly in metropolitan areas.
The Government appreciates the industry’s concerns, as venue closure can have a significant impact on business operations. However, the Government also appreciates the police view that where there are serious venue problems that require immediate attention there may be a case for immediate closure.
Accordingly, the Minister for Gaming and Racing will bring forward appropriate legislative proposals for consideration by the Government following consultation with the NSW Liquor Industry Consultative Council and NSW Police.
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Detaining and referring intoxicated persons – diversion services
8.60 It is preferable that intoxicated persons not be detained in police cells, rather the Government should fast-track the state-wide rollout of intoxicated persons services to support the diversion of intoxicated persons;
8.61 Urgently expand the number of intoxicated persons services (culturally specific principles should apply state-wide), which will take intoxicated persons, particularly in inner-city, rural and remote communities that do not have these facilities. |
Government Response
These Recommendations are dealt with in Part J.
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Police move on powers: expand to cover potentially harmful alcohol related behaviour
8.62 Amend s.28F of the Summary Offences Act 1988 to allow police to disperse persons in or near public places where, due to the person’s alcohol related behaviour, there are reasonable grounds to believe the person’s presence would:
§ increase the risk of harm to any other person; or § increase the risk of crime and/or anti-social behaviour in the area; or § compromise public safety; or § be likely to cause harm to another person or persons, damage to property, or compromise public safety generally where, as a consequence of the use or possession of alcohol by that person or others in the immediate vicinity, appears to be a contributing factor.
10.7 The current powers to require intoxicated or disorderly persons to leave a licensed venue should be extended to permit police officers to require that such persons move away from the vicinity of the scene. |
Government Response
Research released by the Bureau of Crime Statistics and Research released in 2001 showed that a considerable number of alcohol related crimes and a significant amount of anti-social behaviour occurs near licensed venues.
The Taskforce on Alcohol Related Offences, Penalties and Law Enforcement will consider appropriate amendments to the Summary Offences Act 1988 which could allow police to issue directions to move on people who have left licensed premises, and remain in the vicinity, or who have sought and been denied entry to a licensed premise and whose alcohol related behaviour is potentially harmful. Under the current law, failure to comply with a move on direction incurs a $220 penalty.
The Government will consider recommendations from the taskforce for possible inclusion in a legislative package which may also incorporate a legislative framework to trial new powers to seize alcohol taken out of an Alcohol Free Zone (Rec. 8.19), and new approaches to dealing with alcohol offences by minors (Rec. 8.22).
The Minister for Gaming and Racing will also consider an amendment to s.103 of the Liquor Act 1982 to require persons refused entry to or asked to leave a licensed venue to also leave the vicinity of that venue. See also Recommendation 9.26.
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H. DOMESTIC AND FAMILY VIOLENCE
See also Recommendations 9.30-9.34.
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Crisis accommodation for women and children
8.63 Increase women’s refuges especially in rural and remote areas, including those services specifically designed to meet the needs of Aboriginal women and children. |
Government Response
Currently the NSW Government funds a range of crisis and medium term refuge accommodation, for men, women and children in a range of settings including, metropolitan, rural and remote areas.
The Government provides two types of women and children’s crisis accommodation services through emergency accommodation at women’s refuges funded through the Department of Community Services, and through the Department of Housing’s Emergency Temporary Accommodation for victims of domestic violence where refuge accommodation is inappropriate or unavailable.
Women’s refuges
Women’s refuges are funded through the current Commonwealth/State Supported Accommodation Assistance Program (SAAP) agreement which concludes in mid 2005 and is administered by the Department of Community Services. Refuge accommodation is available in metropolitan, rural and remote areas.
In 2003/2004 there were 133 services and projects operating across New South Wales costing about $36 million per annum. This included 77 women’s refuges, 44 of which are in rural areas.
Approximately 27 refuges cater for Aboriginal women and ten of these refuges are primarily for Indigenous women (five of these were in the Orana Far West region). Three are specifically for Aboriginal women – in Sydney, Newcastle and Lismore. There are approximately 25 with Aboriginal workers.
Funding is also provided for a NSW Women’s Refuge Resource Centre as a central information and access point, and for the NSW Women’s Refuge Resource and Working Party.
Key initiatives will be undertaken over the next four years by the Department of Community Services (DoCS) in consultation with the Department of Aboriginal Affairs.
The Department will investigate more flexible case management outreach service models for women and children affected by domestic violence in rural and remote New South Wales. Development of possible new approaches, especially in dealing with the problems of alcohol and violence, and particularly with issues in Aboriginal communities, will be considered by a small Working Group to be established by the Department. It is hoped that trials of new approaches in rural New South Wales could commence in 2006/2007.
The Working Party will also give special consideration to the needs of Aboriginal women and children affected by domestic violence and the current provision of services in priority areas.
Expansion of the number of refuges or services related to emergency domestic violence will in large part be dependent on a renegotiated Commonwealth/State SAAP agreement which it is hoped will be in place by 1 July 2005. In the renegotiated SAAP agreement with the Commonwealth, agreement will be sought to give priority to the provision of Aboriginal crisis accommodation and support in priority locations. The Department of Community Services also proposes to investigate the viability of promoting options for increased access to emergency accommodation under SAAP to male perpetrators of domestic violence so that women and children can stay in the family home.
NSW Government and emergency housing assistance
For victims of domestic violence unable to find refuge accommodation, the Department of Housing has a range of accommodation, provided on the basis of eligibility (financial and asset based). These include:
§ Priority Housing Accommodation for eligible persons for public housing accommodation. In public housing the Department of Housing has arrangements where if the tenancy of the home is in the name of the perpetrator, and the victim does not wish to relocate because of a need to remain close to established networks and services, the perpetrator may be offered alternative public housing accommodation elsewhere. § Rentstart Assistance for eligible persons to be able to rent in the private market. § Priority Public Housing Transfer if the victim/perpetrator is in Department of Housing accommodation. § Temporary Accommodation Assistance for persons not eligible for public housing for a period of up to four weeks in low cost motels and hotels. § Temporary Public Housing which can be provided for persons who are not eligible for a period of up to three months.
A number of these emergency accommodation services are in rural locations, and there are some targeted housing services (for example for Aboriginal women, Muslim women, and women with disabilities).
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Support for family violence victims following police intervention
8.64 Ensure 24 hour availability of welfare or support services to attend immediately after police intervention to advise and support victims. |
Government Response
The NSW Government provides a range of 24 hour welfare and support services that can respond to the needs of family and domestic violence victims after police have been called to intervene.
24 hour Domestic Violence Line
The NSW Department of Community Services (DoCS) Domestic Violence Line provides a state-wide freecall 24 hour, seven day a week, information and support service to advise and support victims of violence. Currently, the Domestic Violence Line employs twelve full-time case and phone workers. Police often refer victims to the Domestic Violence Line following a domestic or family violence situation or provide victims with a Domestic Violence Line Information Card for victims that do not wish to immediately attend a referral service.
The Domestic Violence Line has cultural diversity protocols and Aboriginal staff in place to ensure Aboriginal callers are responded to in a culturally sensitive manner.
Domestic Violence Proactive Support System
The NSW Police Domestic Violence Proactive Support System (DVPASS) started in 2003. This is a partnership between Local Area Commands (LACs) and local welfare support agencies, and allows police to provide victims specialised support. The program aims to provide victims of domestic violence with professional support and information to break the cycle of violence. It is currently used by 35 Local Area Commands, and is an optional project model for LACs seeking to strengthen victim referral processes. Other Commands use alternative models of victim referral.
NSW Strategy to Reduce Violence Against Women
In 2002/2003 the NSW Strategy to Reduce Violence Against Women (VAW) trialled two partnership projects which integrated criminal and welfare responses to domestic violence in Tamworth and Dubbo. The Tamworth Project involved a civilian welfare officer being based at the Tamworth police station who contacted victims of domestic violence after the police had attended the incident. The Dubbo Project engaged local welfare agency workers to attend domestic violence incidents with police. As part of the trials both projects developed interagency polices and protocols. Consideration will be given to similar trials in the future.
Sexual Assault Services
Fifty Sexual Assault Services are located in New South Wales Public Hospitals and Community Health Centres. Such services are available throughout New South Wales in regional, metropolitan and rural areas. The services provide a 24 hour crisis response to all recent victims of sexual assault. NSW Police are required to refer all victims over the age of 16 years to Sexual Assault Services. This ensures victims’ needs are addressed including information about proceeding with a report to police, court processes, victims’ compensation, ongoing counselling, and medical care.
In addition to these crisis services the NSW Government supports a range of national and state 24 hour emergency telephone services that target victims of violence. Contact details about the range of 24 hour crisis services are available on the NSW Office for Women’s website at www.women.nsw.gov.au/referral/refhome2.html (see crisis numbers).
Intensive case management services for high needs communities
As a broader community approach, the Community Solutions and Crime Prevention Strategy targets high needs’ communities with a range of specific strategies including intensive case management projects which often work outside of normal business hours. Key projects which address family violence have been funded in Bellambi, Redfern, Mt Druitt, Canterbury/ Bankstown, Green Valley/Miller, Taree and Wyong.
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Family violence in Aboriginal communities – a new approach
8.65 Support the Aboriginal Justice Advisory Council (AJAC) model to resolving family violence in Aboriginal communities (Holistic Community Justice: A proposed response to Aboriginal Family Violence, November 2001). |
Government Response
The principles of the AJAC Holistic Community Justice model are being closely examined by the Government. AJAC will develop a proposed model for dealing with Aboriginal Family Violence based on the holistic community justice paper for the Government’s consideration.
Key initiatives in this context which are expected to have an impact in reducing family violence in Aboriginal communities will include:
§ expansion of the Aboriginal Community Justice Groups program § expansion of the Aboriginal Circle Sentencing program § expansion of the Aboriginal Community Patrols program § development of an Aboriginal Youth Leadership project § action on the NSW Aboriginal Family Health Strategy § a follow-up forum to the Talking About Grog meeting held prior to the Summit to be convened by the Department of Aboriginal Affairs during 2004.
See also Recommendations 9.23-9.29.
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Integrated alcohol violence prevention programs
8.66 Integrate alcohol related violence prevention programs such as Violence Against Women, Family Violence. |
Government Response
The Government has a wide range of early intervention and prevention programs to assist vulnerable families and children. These programs have a long term violence reduction impact by reinforcing connections between vulnerable families and children to friends, education and the community, while building capacity, resilience and self esteem. The programs include Primary Connect, the Better Futures program, the Families First program, the NSW Strategy to Reduce Violence Against Women, and the Aboriginal Family Health Strategy.
The NSW Strategy to Reduce Violence Against Women is coordinated by the Violence Against Women Specialist Unit in the Attorney General’s Department. It is jointly funded by the Attorney General’s Department, Department of Community Services, NSW Police, Department of Housing, NSW Health, the Department of Education and Training, and the Office for Women.
Over the next four years the unit will be asked to:
§ focus on prevention and early intervention strategies for dealing with family violence, including the role of alcohol abuse § support and promote specific family violence prevention initiatives by each partner agency § give priority to initiatives in Aboriginal communities and in rural and remote communities § provide support through the Regional Violence Prevention Specialist Program.
The Government is committed to trial a new integrated Domestic Violence Court Intervention Model in two courts, including one rural or regional area. See also Recommendation 9.34.
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Increased support for men’s services that address family violence
8.67 More support for men’s services in relation to issues that have a proven link to decreasing family violence. |
Government Response
The majority of domestic violence programs address the consequences of violence for women and families. It is recognised, however, that men are generally responsible for family related violence and new programs are being examined and developed to counter this problem.
These include:
§ The recent pilot perpetrator program at Penrith Court for men convicted of domestic violence offences which is now being evaluated. The sixteen week intensive program was managed by the Violence Against Women Specialist Unit and operated by the Penrith Probation and Parole Office and the Penrith Women’s Health Centre. The outcomes of this pilot will be incorporated in the development of any future programs. § The Violent Offenders Therapeutic Program (VOTP) at Long Bay Correctional Centre which provides integrated treatment for men with patterns of violent behaviour over a nine month period. The program incorporates an assessment of the role of alcohol and drug use in the offender’s violent behaviour and delivers a treatment program for each offender. § A program for Pacific Islander community based offenders in Mt Druitt to address their violent behaviour within a framework of cultural knowledge. § The Ancestral Trek program on the South Coast, targeting Aboriginal men, developed by Aboriginal communities in partnership with the Probation and Parole Service. The program addresses issues of drug and alcohol abuse, family violence, anger management and parenting skills within a framework of cultural knowledge. § A proposed investigation by the Department of Community Services into the viability of extending emergency accommodation services under the Supported Accommodation Assistance Program (SAAP) to male perpetrators of domestic violence, so women and children are able to stay in the family home.
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I. LAW AND REGULATORY ENFORCEMENT
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Tougher penalties for repeat liquor law offenders
8.68 A tiered liability regime, applying over three years to deal with repeat offender premises, be developed in consultation with NSW Police, the Department of Gaming and Racing, the Liquor Administration Board, the Australian Hotels Association, ClubsNSW, Restaurant and Catering NSW, and the Liquor Stores Association of NSW. |
Government Response
The Liquor Act 1982 and Registered Clubs Act 1976 contain a wide range of offence provisions applying to licensed venues. They deal with issues such as underage drinking, responsible service of alcohol, conduct of the premises, intoxication, trading hours, and the sale of alcohol. Licensees and clubs who repeatedly offend tie up valuable police and court resources. There must therefore be effective deterrents for these repeat offenders.
Accordingly, the Minister for Gaming and Racing will consider a new regime of increased penalties for offenders who repeatedly breach important public order, intoxication, underage drinking and key licensing provisions under the Liquor Act 1982 and the Registered Clubs Act 1976. This will be examined by the Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement (Rec. 8.1). Key stakeholders will be consulted during the development of the legislation including the NSW Liquor Industry Consultative Council.
It is anticipated that appropriate legislation will be introduced in late 2004 or early 2005.
Consideration will also be given to how any proposals in this area should be supported by centralised breach records, intelligence databases, and enforcement activity (see next recommendation and response).
See also Recommendation 8.7, 8.33 and 8.34.
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Smarter law enforcement based on alcohol related intelligence
8.7 An appropriate record of warnings issued and past penalty notices issued should be kept so that those coming before the court cannot claim they were not on appropriate notice.
8.69 Explore the option of developing NSW Police capacity to collect and use alcohol related crime information and patterns to generate intelligence driven operational strategies through enhanced Computerised Operational Policing System (COPS).
8.70 Note that the NSW Police should develop, implement, and monitor “smarter problem orientated policing” in the context of alcohol related crime, including but not limited to: targeting, patrolling, intelligence, reduction strategies and enforcement.
8.72 NSW Police centralise coordination of licensing and alcohol related crime capacity to include state-wide intelligence (including analysis against national/international trends).
8.74 NSW Police and Department of Gaming and Racing enforcement data should be integrated.
8.75 Routine reporting on liquor licensing enforcement to see if it is achieving its aims is a priority – BOCSAR could be engaged to perform and publish annual audits.
9.5 Current methods of collection of data on alcohol related incidents and offences should be reviewed to ensure comprehensive and accurate data is available to inform policy making and service delivery.
10.13 Recognising that a minority of licensed premises account disproportionately for alcohol related violence, intelligence led regulation of licensed premises is urgently required. Resources are needed to enable liquor licensing decisions to be informed by data on incidents of harm recorded by police, Emergency Departments, and licensing courts. |
Government Response
The Minister for Police will establish an interagency Alcohol Related Crime Intelligence Working Party. The terms of reference will be to:
§ review and improve Police data collections on alcohol related crime and incidents, including enhancements to the Computerised Operational Policing system § develop better police intelligence based strategies concerning alcohol related crime and incidents so that local area commanders are better able to provide effective police responses (this will include reference to the Linking Project as it is trialled in a number of key commands) § develop a central police intelligence capacity on alcohol related crime and incidents across the State § develop integrated data bases and data links on alcohol related crime and incidents with the Department of Gaming and Racing § identify a three year plan of action to address recommendations of the Summit on Alcohol Abuse. The plan will also identify any resource implications arising from the recommendations of the Working Party § identify any legislation or regulation requirements that may be necessary as a result of the data collection and data management recommendations.
The Working Party will be chaired by the Director-General, Ministry for Police.
It will include representatives of NSW Police, the Bureau of Crime Statistics and Research, the NSW Ambulance Service, NSW Health, the Department of Gaming and Racing, and the Office of Drug and Alcohol Policy.
The Working Party will report in early 2005 to the Minister for Police and the Cabinet Committee Standing on Drugs and Alcohol.
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Police training on alcohol licensing issues
8.71 Police training and education on alcohol related crime and licensing issues should be increased. |
Government Response
More effective police training on licensing laws will lead to better enforcement of the laws and better outcomes for the community.
The Commissioner’s Alcohol Policy Statement 2003-2007 made workforce development and training in this area a key action area. The Commissioner recently established a Working Party to examining the issue of Police Education and Training in relation to Licensing and Alcohol Related Crime. The Working Party is chaired by the Director of Continuing Education and consists of police representatives from Licensing, Education Services, Drug and Alcohol Coordination, Legal Services and various Local Area Commands.
The Working Party will report on new training and education for all police around liquor law enforcement including new recruit training initiatives, mandatory training initiatives, specialist training, general duties training, and training for local area command managers with a view to implementing new programs by end of 2004.
The Working Party will also be asked to consider training needs for all police who respond to alcohol related problems and licensing issues raised by the public.
The Director of Continuing Education will be asked to provide a report to the Government by the end of 2004.
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Police and Health Linking Project – evaluation and roll-out
8.73 Prior to NSW Police adopting the Linking Project state-wide that there be appropriate evaluation and consultation with relevant stakeholders. |
The Linking Project is an initiative to reduce alcohol related crime by targeting licensed venues that may have irresponsible alcohol service practices. It enables police to ‘link’ alcohol related crime to places of alcohol consumption by mapping where offenders, victims or drivers last consumed alcohol. The key aims of the project are to enhance police intelligence gathering capacity, enhance police enforcement in and around licensed premises, and reduce crime associated with licensed premises.
The project was first established in New South Wales in 1996 in the Hunter region and expanded to the Western and Southern regions of the State in 2001.
The project involves changing NSW Police policy, record systems and procedures. Police officers are trained to use a data recording card to collect last place of alcohol consumption information from offenders, victims and drivers. The data is then used so police can visit problematic licensed venues to review alcohol service practices and make recommendations for improvement. Follow-up letters are sent to licensees as a reminder of their responsibilities.
The Hunter trial was associated with a 15 percent reduction in alcohol related incidents for venues targeted as part of the project.
Preliminary reports indicate that the second trialling stage in 2001-2003 has resulted in increases of between 56 percent and 1,100 percent in police collection of standard alcohol consumption information from all alleged offenders and victims of crime. This has significantly increased the capacity of NSW Police to identify the link between alcohol consumption and the occurrence of crime.
The procedures developed under the Linking Project are now routine for police throughout non-Sydney metropolitan New South Wales. The project will be rolled out in the Sydney region during 2004, when final amendments have been made to police data collection systems.
State-wide implementation of the Linking Project will mean that NSW Police will be able to more accurately track alcohol related crime patterns, which will assist in developing targeted policing strategies.
Government Response
The Government notes a submission from the Alcohol Education and Rehabilitation Foundation (AERF) that the Linking Project has already been appropriately evaluated and adequately consulted upon. The Government also notes submissions from the liquor industry (notably ClubsNSW) expressing concerns about some communication aspects of the Linking Project.
Initial reports suggest that the project is a valuable and useful tool in raising standards in the liquor industry and assisting police in targeting problem venues. On this basis the program has been expanded to many areas of New South Wales supported by the Alcohol Education and Rehabilitation Foundation. Police will finish expanding the Linking Project across the whole of New South Wales by including the Sydney metropolitan region during 2004.
A Linking Project Monitoring Group will be established and chaired by NSW Police and will include representation from relevant Government agencies. There will be ongoing consultation with the liquor industry by NSW Police – particularly at a local level. The Monitoring Group will develop an overall evaluation program and report on the outcomes of the project after the first three years.
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Better licensing enforcement information and data
8.74 Integration of NSW Police and Department of Gaming and Racing enforcement data.
8.75 Routine reporting on liquor licensing enforcement to see if it is achieving its aims is a priority – BOCSAR could be engaged to perform and publish annual audits. |
Government Response
Action on these recommendations will be considered by the interagency Alcohol Related Crime Intelligence Working Party to be established and convened by the Director-General, Ministry for Police (Rec. 8.69).
See also Recommendations 8.7 and 8.69.
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Specialist police licensing officers
8.76 Local Area Commands should have specialist licensing officers who are fully trained in the intricacies of the liquor law. |
Government Response
There are presently 87 full and part time licensing police across New South Wales.
The Commissioner announced in the Police Alcohol Policy Statement 2003-2007 that each Local Area Command would have at least one dedicated licensing officer. The aim is to have this in place by early 2005. The roll-out of this commitment will be assigned to the NSW Police Assistant Commissioner who is the corporate spokesperson on alcohol issues.
See also Recommendation 10.12.
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Reducing sexual assault resulting from the spiking of alcoholic drinks
8.77 Further inter-agency research is required to ensure accurate data about the nature, extent and impact and preventative initiatives in relation to Drug Facilitated Sexual Assaults and accurately inform public perception and prevention initiatives.
10.3 Specific strategies should be developed to address drink spiking, including: encouraging licensed premises to adopt those preventative measures found to be effective in combating drink spiking, including alcohol, particularly where there is a greater potential for drink spiking to occur, for example, in nightclubs a public awareness campaign highlighting the issue of drink spiking. |
Government Response
An interagency working party on Drug Facilitated Sexual Assault was established in 2002 by NSW Police and included specialists with expertise in systemic, operational, legal, and forensic issues regarding this crime type to identify key areas for preventing drink spiking. A range of key initiatives are underway to tackle this problem. NSW Police intend to re-establish the working party.
Research
National Pilot Study: NSW is contributing to funding research into the prevalence and nature of drink spiking under the auspices of the Ministerial Council on Drug Strategy. This will look at the extent of drink spiking and associated criminal victimisation; current legislative and procedural arrangements relating to the issue; identify effective communication and educational initiatives to prevent drink spiking; and make recommendations for future directions.
The first phase of the project, being conducted by the Australian Institute of Criminology, including consultations with sexual assault workers, the liquor industry, policy makers and police, is expected to be completed in 2004. Based on the evidence, the second phase will identify approaches to increase the public awareness of drink spiking.
NSW Police conducted a study in 2003 to identify and evaluate drink spiking trends in New South Wales, including the location of high incidents of drink spiking, links between drink spiking and sexual assaults and substances used in drink spiking. The results of the study will assist NSW Police develop a strategic position to drive policy and operational responses to drink spiking and drug facilitated assault.
A literature review on drug and alcohol assisted sexual assault prevention strategies is currently being prepared by the Attorney General’s Department Violence Against Women Specialist Unit. The review is expected to be published in 2004. Results from the project will help to inform further Government initiatives on drug and alcohol facilitated sexual assaults.
Public education
Public Information program: The Violence Against Women Specialist Unit has conducted public awareness campaigns in the Central Coast, Hunter, Mid-North Coast, Northern Sydney and Southern regions of New South Wales to raise the awareness of drug and alcohol facilitated sexual assault. Campaigns are continuing in many of these regions.
NSW Police will conduct more public awareness and licensed premises education campaigns about drink spiking over the next four years.
The NSW Strategy to Reduce Violence Against Women through the Violence Against Women Prevention Unit has developed a number of innovative programs aimed at enhancing the safety of women in and around licensed premises, including the STRAW (Safer Times ‘Round Albury Wodonga) and Pubsafe programs.
The Safer Times scheme which started in the Albury and Wodonga area, encourages liquor licensees to make their venues safer for women. Venues which have been made safer for women are identified and awards are provided to the safest venues and for venues that have made the greatest improvements.
A manual has been developed and training provided to all local councils on how to develop their own Safer Times scheme. Regional Violence Prevention Specialists in the Mid-West, Illawarra, Greater Murray and Northern Regions are currently working with local councils to implement Safer Times in their areas.
During 2002, in the Wollongong and Illawarra region, NSW Police circulated stickers, posters and education packs to schools and produced T-shirts for bar staff to wear while working with the slogan “Where’s your drink? Watch out for drink spiking”. Posters, coasters and straws setting out precautions to be taken against drink spikers were also supplied to licensed premises. Police provided training sessions to over 100 licensed premises in the region. Police also conducted a drink spiking awareness campaign for the Penrith and St Marys region including a drink spiking awareness day which attracted over 120 staff of licensed venues.
NSW Health Area Health Services are developing resources on drink spiking at the local level. The Violence Against Women Specialist Unit is involved in community based prevention strategies such as spiked drinks campaigns, in partnership with health workers, police, licensed premises and local councils.
The Spiked Drinks Awareness Campaign conducted by the Central Sydney Area Health Service is aimed at young women in the Central Sydney area and includes the placement of resources in liquor stores and licensed premises, and information in general locations where alcohol is not consumed to reinforce messages, including bus shelter advertising, shelters and youth hostels, and various media including newspapers.
The Department of Education and Training included information leaflets prepared by the Central Sydney Area Health Service in its End of Year Celebration kit, distributed to all schools in the State.
An industry education program will be conducted by the Department of Gaming and Racing in 2005. Licensed premises will be encouraged to adopt preventative measures to minimise the risks of drink spiking, including the use of education material for patrons such as drink coasters. It will involve a component on drink spiking in responsible service of alcohol training, informing industry through its regular bulletin, and by inclusion in industry-wide codes of practice.
Services
NSW Health provides medical and counselling services to victims of sexual assault.
Provision of specific toxicology kits to police is also being considered by NSW Health in order to test victims of suspected drug facilitated sexual assaults.
Drink spiking chemical test trial: The trial of a testing kit that claims to allow drinkers to test their drinks for the presence of GHB and ketamine, two drugs used in drink spiking. It is currently being conducted in Wollongong by the University of Wollongong in conjunction with licensed venues involved in the Wollongong Liquor Accord.
Local Community Drug Action Teams also initiate awareness campaigns. For example, in early 2003, the Surry Hills Community Drug Action Team conducted a Drug Rape Project to raise awareness of drink spiking and avenues for help for people who believe they may have been raped or sexually assaulted as a result of drink spiking. Similarly in September 2002, as part of the Illawarra Community Safety Week, the Wollongong Community Drug Action Team conducted a public awareness campaign as well as providing victims the ability to access support services.
Reducing the supply of drink spiking drugs
Ketamine is an anaesthetic used mainly in animals. It was placed on the list of prohibited drugs in New South Wales in December 2003. GHB (Gamma Hydroxy Butyrate) also known as Fantasy and GBH is an anaesthetic drug which is also prohibited in New South Wales. People involved in the illicit manufacturing, supply or possession of these two drugs face significant penalties.
Flunitrazepam is a rapidly acting sedative and hypnotic. It was previously sold in Australia under the brand name of Rohypnol. It is classed as a drug of addiction in Australia and as such its supply is tightly controlled. Since the drug was classed as a drug of addiction in 2000, the manufacturer of Rohypnol has withdrawn the supply of Rohypnol from the Australian market. Flunitrazepam is still available in Australia but under another brand name, and the use of this drug will be closely monitored by NSW Health and NSW Police.
Hypnovel is a benzodiazepine which has been reported as being used in some drink spiking cases. Hypnovel is a prescription drug that is generally only available from hospitals. The Government would consider imposing greater controls on its supply if evidence shows that greater controls are necessary to prevent the drug’s misuse, including its use in drug assisted sexual assaults.
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J. MANAGING INTOXICATED PERSONS IN PUBLIC PLACES
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9.35 The Inebriates Act should be reviewed by the Social Issues (Legislative Standing Committee).
8.60 It is preferable that intoxicated persons not be detained in police cells, rather the Government should fast-track the state-wide rollout of intoxicated persons' services to support the diversion of intoxicated persons.
9.37 The legal framework and supported accommodation arrangements existing under the Intoxicated Persons Act should be reviewed with a view to reducing the use of police cells for detaining intoxicated persons and exploring more community based options for intoxicated persons. The Review should also consider the reasons for, and the impact of, the repeal of proclaimed places.
4.29 Sobering up places with appropriate referrals for individuals not requiring or requesting clinical interventions should be provided so as to ensure the safety of individuals and their families. The Proclaimed Places legislation should also be reconsidered.
4.18 Ensure effective support and care of homeless people with alcohol problems through the promotion of partnerships between Health, Housing and the NGO sector including but not restricted to the Intoxicated Persons’ protocol.
8.51 Increase the availability of detoxification and rehabilitation services, sobering-up shelters and refuges in rural areas with identified alcohol issues.
8.61 Urgently expand the number of intoxicated persons’ services (culturally specific principles should apply state-wide), which will take intoxicated persons, particularly in inner-city, rural and remote communities that do not have these facilities.
4.26 ‘Wet activity’ facilities with access to appropriate services should be considered as a response to problematic behaviour associated with intoxication, should local communities view it as an appropriate solution. |
The problem
Being found drunk in a public place is not of itself a crime in New South Wales. In 1979, the Intoxicated Persons Act 1979 repealed provisions in the Summary Offences Act 1970 which made public drunkenness punishable as a crime.
However, public drinking is not an unfettered right. It is, for example, an offence under the Local Government Act 1993 to drink alcohol in an Alcohol Free Zone.
In most cases a person who leaves a licensed premise or a private celebration and who is intoxicated does not cause harm or offence, although the risks of harm increase as the level of intoxication increases.
But in some cases the problem of public drinking and intoxication in public places, or severe intoxication in public places, is a matter for community concern and justifies intervention by the police for the safety of the person concerned, their friends or family, or the safety and amenity of the wider community.
The key situations which cause community concern and warrant a response for the safety and amenity of the community, or for the individual or his family, centre on:
Nuisance intoxication and disorder in a public place
This generally arises from public drinking by a person who may engage in threatening behaviour or behaviour which creates a public disorder, or when a person leaves a place in a highly intoxicated state and subsequently engages in threatening behaviour or public disorder. It may involve people in a one-off situation, or on an occasional or regular basis, and may or may not be associated with ongoing issues associated with an alcohol dependency. This problem can arise in any police command at any time.
Chronic street drinkers
This category of person is quite different from those who may be defined as nuisance drinkers, and the intervention and response to this type of person must be different. These people often have entrenched problems including alcohol and/or drug addictions, physical health and mental heath illnesses, dementia, problems related to ageing and the immediate risk of acute intoxication. In addition, it has been estimated that over 95 percent of chronic street drinkers who come into contact with police are homeless or in temporary or transitional care arrangements.
The legislative framework
The key legislation governing interventions concerning intoxicated persons is:
the Intoxicated Persons Act 1979 (this legislation will be repealed and its main provisions incorporated into Part 16 of the Law Enforcement (Powers and Responsibilities) Act 2002 which is expected to commence later this year), and the Inebriates Act 1912.
The Intoxicated Persons Act 1979 provides for police to detain any intoxicated person who is behaving in a disorderly manner, or who may cause injury to another person or damage to property, or is in need of physical protection. When a person is so detained, they must be taken to a person willing to care for them, such as a family member or friend or a Supported Accommodation Assistance Program (SAAP) provider. Where no one is willing to accept them, or they are violent, they may be detained in a police cell, and are released when they are no longer intoxicated.
The Inebriates Act 1912 defines an inebriate as a person who habitually uses intoxicating liquor or drugs to excess and allows a court on application by a police officer or family member or medical practitioner to make court order for their care, control and treatment. The Act is rarely used. In recent years, courts have issued less than ten compulsory treatment orders annually.
On 23 September 2003 the Government requested the Legislative Council Standing Committee on Social Issues to conduct an inquiry into the Inebriates Act 1912. The Inquiry has commenced. Public submissions have been invited and hearings commenced on 26 November 2003. The Government has also made a comprehensive submission to the Inquiry, and senior Government officers have appeared before the Committee to assist in its deliberations. The Inquiry will report during 2004 and the Government will carefully consider all recommendations made by the Committee when the report is received.
Objectives
The Government has two key objectives in tackling the management of intoxicated persons in public places.
Firstly, to make public places safe for community use. Police must vigilantly exercise their powers under the Intoxicated Persons Act 1979 to remove from public places those persons who are seriously alcohol and/or drug affected and who are a danger to themselves, other people or property.
Second, to provide effective support and treatment responses to the troubled group of seriously alcohol and/or drug affected persons who come into contact with police under the framework of the Intoxicated Persons Act 1979. This has involved moving away from the use of proclaimed places which had a tendency to entrench the lifestyle of this group of people to a new scheme where individuals could be better linked with treatment and support to help them stop their alcohol or drug addictions and move towards independent living.
Intervention: police detention where required
There will be occasions when it is appropriate for police to accommodate an intoxicated person in a police cell including when the person is violent or aggressive, or when it is impracticable to transport the person to a service because of distance or the service is not available at that time.
When an intoxicated person is detained by police, they are provided with medical assessment and treatment if they are injured or appear to have immediate medical needs.
To improve access to assessment and treatment for people detained in police cells, the Government is considering proposals to expand to intoxicated persons detained in police cells the existing 1999 Drug Summit initiative under which medical services are provided by the Corrections Health Service to ‘refused bail’ persons in ten priority police stations at Surry Hills, Newcastle, Port Macquarie, Dubbo, Moree, Parramatta, Lismore, Wollongong, Campbelltown and Penrith.
These medical services enable a person’s physical and other health needs and risks to be assessed and a management plan developed for all identified risks including provision of drug and alcohol withdrawal regimens. Persons with serious health risks may be transferred to facilities with higher levels of nursing observation.
Intervention: care, shelter and support services
The original Intoxicated Persons Act 1979 empowered police to take persons who were seriously affected by alcohol to a proclaimed place to recover from the intoxication. Police could also detain the person in a police cell if access to a proclaimed place was not possible or practicable or the person was violent.
In 2000 the Act was amended to take into account significant changes in the needs of persons found intoxicated in public places and also developments in services for chronically alcohol or drug addicted people and particularly the homeless. Rather than being referred to a proclaimed place, the amended legislation expressly requires police to take an intoxicated person to a friend, family member or organisation providing welfare or alcohol and drug rehabilitation. If this is not possible or the person is unwilling or violent, police may detain these people in a police cell.
To support the amended legislation, local police, health workers and community services are working together to link intoxicated persons detained by police with supported accommodation, case management, treatment, rehabilitation and other support services. This is being guided by a formal Intoxicated Persons Protocol between NSW Police, the Department of Community Services and NSW Health which sets out the roles and responsibilities of local services.
Local versions of the protocol have been rolled out to ten of the 17 Area Health Services regions. These are North Sydney, Western Sydney, Wentworth, South West Sydney, Central Sydney, South East Sydney, New England, Greater Murray, Illawarra and Hunter. Each area is responsible for implementing the protocol to best suit local needs. The roll-out of local protocols will continue through 2004-2005.
Key new directions and initiatives
Many former proclaimed places are now operating as Intoxicated Persons Units within the Department of Community Services’ Supported Assistance and Accommodation Program. They still provide safe shelter, food and a shower for intoxicated persons but are also gradually being realigned to also provide their clients with access to case management, treatment and other support services.
New collaborative arrangements are already in place in the Hunter region where Mission Australia is leasing three housing units from the Department of Housing to accommodate intoxicated persons case-managed under a local protocol with links to local outreach support and other services.
Services in inner Sydney are being reconfigured under the Inner City Homelessness Strategic Implementation Plan. The five Intoxicated Persons Units in the inner city are developing a combined Alcohol and Drug Strategy to manage the transition from providing ‘sobering up services’ to coordinated case management, outreach services, day programs and linkages to detoxification and rehabilitation services. Individual services are also being realigned to focus on particular groups of intoxicated persons such as chronic repeat users of services and more casual users. It is intended that these reconfigured services will provide a continuum of care for homeless intoxicated persons in the inner city. These changes should be in place by late 2004.
Services in Wollongong and Queanbeyan are also being restructured to provide enhanced case management while mainstream supported accommodation services are now accepting persons affected by alcohol or drugs when this is not a risk to residents or staff.
Local supported accommodation services in the New England area, including at Narrabri, have established crisis arrangements with police.
In Moree, the local proclaimed place has become a supported accommodation brokerage and outreach service.
In some parts of the State it is anticipated that alternative approaches may be required, because of issues of distance and isolation. In the Far West for example, one local protocol for this entire region is not practicable. The alternative approach that is being developed is one of tailoring service arrangements to the needs of specific communities, including Indigenous communities. At the present time, former proclaimed places in Bourke, Brewarrina and Walgett are continuing to operate but the Department of Community Services is working with them to help them realign to better link to health and support services.
It is anticipated that this process of reform will be finalised by mid 2005 with an evaluation to be undertaken of key local protocols and new service models in the Hunter and inner city.
To ensure ongoing progress with the reform process, this issue will be monitored by both the new Senior Officers Coordinating Committee on Drugs and Alcohol, and the Cabinet Standing Committee on Drugs and Alcohol
To promote evidence based policy around this issue, enhanced data collection systems will be developed to provide for regular information on police use of powers under the Intoxicated Persons Act 1979 and implementation of local protocols. This will include data on use of accommodation, treatment and other support services and detention of intoxicated persons in police cells.
Prevention: tackling chronic street drinkers and homelessness
The causes of chronic street drinking are varied and complex, and problems are often deeply entrenched. In tackling the problem of chronic street intoxication the problem of homelessness in many cases must also be addressed. However, in many cases mental health issues add a new dimension which can also make long term housing solutions difficult.
Collaborative partnerships are critical in providing the right response to individuals with complex problems.
For this reason, in 1999 the Government established the NSW Partnerships Against Homelessness, a network of eleven government agencies led by the Department of Housing. This partnership is responsible for helping homeless people, many of whom have alcohol problems, to access services. It ensures government, local government and community based agencies work together. Key initiatives to date include:
§ A Protocol for Homeless People which sets out how and when assistance may be offered. It is being implemented by ten government agencies which have responsibilities in relation to public places. § An Inner City Homelessness Action Plan under which a Homelessness Action Team Support and Outreach Service has been established to help those sleeping rough. During 2005, the Team will establish outreach and supported transitional housing programs for Aboriginal people and people with both mental health and alcohol or drug problems who are living on the streets in the inner city. § A Western Sydney Strategic Plan Against Homelessness to improve accommodation and services for homeless people to be implemented during 2004/2005. § Establishment of the Bennelong Housing Company to assist low income people especially those with mental health, drug and alcohol problems, with housing and support. § Mission Australia’s Signpost program in the Hunter to provide case management and brokerage assistance to help local homeless people. This program works closely with local Intoxicated Persons Services. § The Temporary Accommodation Service which is now in Newcastle, Hunter, Wollongong and Nowra, and will be extended across the State by the end of 2004. Through this out-of-hours service, homeless people or those in housing crisis may be placed in low cost accommodation while longer term arrangements are made. § Government funding for a new homelessness peak body through the Supported Accommodation Assistance Program (SAAP), Homelessness NSW/ACT which will focus on support for single men and women who are homeless as well as assist families including women and children who access the women’s housing services network. In addition, the new body will coordinate and develop new training for workers in homeless services.
In addition planning is underway by the Department of Housing for a new trial of supported housing projects for people with coexisting mental health and substance abuse disorders who are homeless or at imminent risk of homelessness. The trials are expected to commence in 2004/2005.
See also Recommendation 6.18.
Alternative Approaches
Models in the United Kingdom including ‘Wet Day Centres’
One approach recommended by the Summit was for the Government to consider the concept of ‘wet centres’. The Government acknowledges the current trial in the United Kingdom with the establishment of ‘wet day centres’ which chronic street drinkers can access during the day for safe shelter, food and be linked to some specialist services.
There are eight ‘wet day centres’ in the United Kingdom with most having commenced since 2000. These centres are located at Leicester, Manchester, Nottingham, Brighton, Oxford, Dundee and two in London. The consumption of alcohol is allowed in all these centres although some restrict drinking to a room or garden while others restrict the amount of alcohol that can be consumed on the premises.
There are also six other day centre services for street drinkers at Sheffield, Manchester, Chester, Birmingham, Teeside and Omagh in Northern Ireland. Half these centres do not allow alcohol to be brought or consumed on the premises while the others have a designated area for drinking alcohol. These day centres also provide safe shelter and linkages to medical and other services.
Another United Kingdom model recently commenced in Watford and is auspiced by the United Kingdom Home Office. The model targets street drinkers and chronic binge drinkers. Under s.34(1) of the Criminal Justice Act 1972 a facility may be designated as an Alcohol Treatment Centre to which police may take people with alcohol problems to get treatment as an alternative to custody.
The Government will closely monitor these experiments in the United Kingdom. But the Government does not intend to proceed to trial any pilot based on the ‘wet centre’ model for a number of reasons.
To date there has been no rigorous independent evaluation of the United Kingdom ‘wet centre’ projects and there is no objective evidence to establish that the centres have stopped the chronic street drinking of this group of people.
In addition, while the Government supports local, community based responses to social problems, the United Kingdom ‘wet centres’ do not appear to operate according to agreed uniform standards to ensure access to effective services and treatment. In New South Wales, these sorts of services are provided in accordance with Intoxicated Persons Protocols with are based on a standard Government approved protocol modified to suit local circumstances. Services which accommodate these intoxicated persons and link them to treatment and support must also comply with approved standards under the Department of Community Services’ Supported Accommodation and Assistance Program.
The Government would also be concerned that the ‘wet centre’ approach would in all likelihood allow for the continuation of the alcohol related disruptive behaviour for which they were removed or would otherwise have been removed from public places. The need to manage this behaviour would impose significant additional responsibilities and liabilities on police and service providers.
Future directions
The NSW Government will: § Continue the current reform process under the Intoxicated Persons Act 1979 to move away from services which provide short term crisis responses and provide instead the potential for long term rehabilitation. § Task the Cabinet Standing Committee on Drugs and Alcohol and the Senior Officers Coordinating Committee on Drugs and Alcohol with responsibility for driving the reform process. § Consider proposals to extend existing Corrections Health Service medical services in police stations to persons detained under the Intoxicated Persons Act 1979 in police cells. § Monitor developments concerning ‘wet centres’ in the United Kingdom. § Actively investigate the United Kingdom Designated Alcohol Treatment Centre Model to consider it in the context of current service reforms under the Intoxicated Persons Act 1979. § Carefully consider any recommendations that are made by the Social Issues Standing Committee of the Legislative Council following its review of the Inebriates Act 1912.
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