Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697646026067.pdf (Australia)
Ref: DOB2015/01539-0006~0014 Introduction Through a number of initiatives undertaken by the Northern Territory Government, the Northern Territory (NT) has seen a reduction in the level of alcohol related violence across the Territory.
For the purposes of this submission, alcohol-related harm has the meaning provided in the Liquor Act (NT), and includes anti-social behaviour, disorder, harm and violence, including domestic violence as defined in section 5 of the Domestic and Family Violence Act (NT), if alcohol is involved in the conduct constituting the behaviour, disorder, harm or violence.
The following addresses each of the Elements of the Terms of reference for this Inquiry, and has been prepared in consultation with Northern Territory Police, Fire and Emergency Services, Department of Health and the Department of the Attorney General and Justice.

Bail Requirements surrounding alcohol-related violence Restrictions on access to alcohol for people accused of / convicted of alcohol fuelled violent offences is key to avoiding further offending.
Consequently the Northern Territory has a number of mechanisms to deal with offenders involved with alcohol related violent offences.

In circumstances where alcohol has been a contributing factor in a person’s criminal behaviour, section 27 of the Bail Act (NT) can impose a bail condition which prohibits the consumption of alcohol and requires the offender to submit a breath analysis when required.
In addition to this, a person may also be placed on an Alcohol Protected Order under section 5 of the Alcohol Protection Orders Act (NT).

Such an Order prohibits the offender from the consumption and purchase of alcohol, prohibits the offender from entering a licensed premise and requires them to submit to a breath analysis when required.
It should be noted that the diversity of the Territory has meant that many communities have adopted their own measures (such as community safety action plans) to complement existing laws.

With respect specifically to bail requirements, amendments to the Bail Act (NT) have removed the neutral presumption for bail and made it harder for repeat offenders, including repeat family violence offenders, to be granted bail.

The Bail Amendment Act (NT) was passed with Assent & commenced in March 2015.
The Bail Act (NT) amendments include the wearing of Electronic Monitoring Device by flight risk and violent crime offenders, as a requirement of conduct agreements while on bail or other supervision order of Correctional Services.
Electronic Monitoring Devices can be programed with curfew times and exclusion zones, potentially including locations such as the home or work address of a violent crime 1 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62 Ref: DOB2015/01539-0006~0014 victim, or high density licenced premises areas.

Breaches of the conduct agreement are detected by immediate alerts triggered by the GPS Monitoring Device and reported to the NT Police in real-time.
The NT recognises that alcohol contributes to the frequency and severity of family violence conflicts.

To this end, the Domestic and Family Violence Act (NT) (DFVA) allows for the provision of “restraints on the defendant stated in the Domestic Violence Order (DVO) as the issuing authority considers are necessary”.
Where it is demonstrable that alcohol is an existing factor during the commission of family violence, it is common for the Police DVO applications (s41 and s28 DFVA) and court orders to include a restriction upon the defendant (s21) from consuming alcohol or other intoxicating substances while in the presence of the protected persons, and being intoxicated by alcohol or a drug while in the presence of the protected persons.
Ancillary orders within a Domestic Violence Order may require “that the defendant submit to testing to ensure compliance with an order prohibiting consumption of alcohol or certain drugs” and this provides the Police with the authority to require breath testing of the defendant at any time.

Section 24 of the DFVA provides authority for the court to require the defendant to take part in a rehabilitation program, and that the order may be made subject to the conditions the court considers appropriate.
Cross Border application It is the general view of the NT Police Fire and Emergency Services (NT PFES) that there should be national consistency in regards to Domestic Violence legislation that does not weaken the laws in the NT currently, in particular; consistency with enforcement and application of DVOs across jurisdictions within Australia.
The NT has a good model which the Senate Inquiry may wish to consider and that is in the context of the Cross-Border Justice Scheme which operates in the NT, South Australia and Western Australia via the Cross-Border Justice Act enacted in each jurisdiction.
The object of these Acts is to facilitate the administration of justice and enhance the safety of the communities in the cross-border regions through allowing police, magistrates, fines enforcement agencies, community corrections officers and prison officers amongst others to be able to deal with offenders from any one of the participating jurisdictions, providing they have a connection to the cross-border region.
While this positive approach is operationally in its infancy, its development over a number of years demonstrate that the issues, particularly in relation to domestic violence which has high rates of alcohol related violence, are complex and long standing.
Building upon this, each jurisdiction is currently looking at expanding the cross- border areas in each of their respective jurisdictions given the effectiveness of the 2 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62 Ref: DOB2015/01539-0006~0014 legislation.

There other areas outside of the Terms of Reference which may also benefit from applying a similar cross board approach.
Further, the positive approach to tackling alcohol-fuelled violence across borders as managed by the NT PFES will provide a body of evidence for other jurisdictions to consider the benefits of such legislation and operational activities.

Penalties surrounding alcohol-related violence Intoxication is neither an aggravating or a mitigating factor under the Sentencing Act (NT).

Violence, however is an aggravating factor (section 6A(f) Sentencing Act).
In 2013 the current government introduced mandatory minimum sentencing for violent offences (Division 6A Sentencing Act).

Judges routinely comment on the destruction caused by alcohol in sentencing comments for violent offences.
Offences relating to alcohol-related violence The only offence that has been enacted with alcohol-fuelled violence in mind (although it would of course not be limited to situations where alcohol is a factor) is the so-called ‘one punch homicide’ provision, section 161A of the Criminal Code (NT), which carries a maximum penalty of 16 years imprisonment.

It provides an alternative charge for when there is insufficient evidence to prove the negligence or recklessness required to establish manslaughter.
Similar provisions have been enacted in various other Australian jurisdictions.

In his Second Reading Speech the Attorney-General said: “Thoughtlessness, irresponsible consumption of alcohol, drunken or behavioural bravado and misplaced aggression claims the lives of Territorians and the community has told the government they are concerned about the increasing level of violence.
This bill will ensure that on the rare occasions where the Director of Public Prosecutions does not believe there is a reasonable prospect of conviction for manslaughter, offenders will be held to account for their conduct that causes the death of another.” Since the enactment of this provision in 2012, seven charges have been recorded.

Two have proceeded to conviction and one is still on foot.

The charges in the remaining matters were withdrawn.
Northern Territory Law Relating to Liquor Licensing, Including the effectiveness of Lockout laws and alcohol service laws The Liquor Act (NT) (The Act) regulates liquor licensing in the NT.

The Act provides for a robust application process assessed by the Director-General of Licensing.
The primary objective of the Act, as outlined in section 3, is to regulate the sale, provision, promotion and consumption of liquor so as to minimise the harm associated with the consumption of liquor; and in a way that takes into account the public interest in the sale, provision, promotion and consumption of liquor.
3 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62 Ref: DOB2015/01539-0006~0014 In addition to the Objectives, in making a decision in relation to licensed premises, a person must take into account the public interest in the sale, provision, promotion and consumption of liquor.
Public interest is defined by the articulation of a range of criteria, which relevantly include, among other things: (a) harm or ill-health caused to people, or a group of people, by the consumption of liquor is to be minimised; (b) liquor is to be sold, or sold and consumed, on licensed premises in a responsible manner; (d) the safety, health and welfare of persons who use licensed premises must not be put at risk; (h) each person involved in the business conducted at licensed premises must receive suitable training relevant to the person's role in the conduct of the business.
Liquor Licence Process The inclusion of these objectives and public interest criteria recognise that there is the potential for harm to arise from the irresponsible consumption or service of liquor, and accordingly these mattes must be considered in making a decision about a liquor application.

The NT has a robust application process which allows the public interest criteria and objectives of the Act to be applied.
The application process considers a range of matters that cover the appropriateness of the premises to which the licence relates, the type of business proposed to be run with the licence and evidence of the financial capacity of the applicant.

In addition to this, police probity checks are made of those people who are nominated to be the manager of the licensed premises, a person often referred to as the Nominee.
Evidence of the managerial capacity of the nominee are also considered, along with information of any persons who are an associate of the application.

This range of enquiry ensures that persons responsible for or associated with the operation of the liquor licence are fit and proper and that the business and premises from which the license is operated is appropriate.

An applicant for a licence is required to publish notice of the fact that the applicant has applied for the grant of a liquor licence.
The manner in which it is to be published is determined by the Director-General of Licensing, and while in most cases it involves publication in a newspaper, other methods can be required to ensure the a wide range of people are notified.

This aspect of the process is an important step to assist with the consideration of the public interest criteria and objectives of the Act.
4 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62 Ref: DOB2015/01539-0006~0014 Licence types Currently the Act provides for the issue of two licenses, an on-licence which relates to those licenses which sell liquor at the premise for consumption at the premises, and off premises, which allows the sale of takeaway liquor by stores such as IGAs and other independent corner stores, liquor merchants, or by a venue that also has an on-licence.
Within these two types of licenses, administrative categories have been established.

These are currently under review.

On-premise conditions In terms of on premises license conditions, hours of trade vary depending on the type of business being operated.

Late night venues generally have closing hours of either 2am or 4am.
In respect of licensed venues that close at 4am, it is a condition of their licence that they enforce a ‘lockout’ of patrons from 03:00 hours on any night the premises operates past 03:00 hours.

The lockout means that no new patrons are allowed to enter the premises after 03:00 hours and those persons who leave the premises after 03:00 hours shall not be allowed to re-enter the premises.
In addition to provisions, late night on-premises licenses are required to engage an appropriate number of security staff.

What is appropriate depends on the size of the venue, the number of patrons that can be accommodated, and the type of entertainment being offered at the venue.

The lockouts have been effective in reducing alcohol related violence, as it removes the majority of people from the streets into controlled licensed environments which should be much safer and less potential for violence.
Off-premises conditions Off-premise licences all have consistent opening hours of 10am to 10pm.

There are essentially two categories of off-premises licence, those that are held by a store or a liquor merchant, and those which attach to a hotel or club.

In 2015 the Territory Government took steps to by amending the Liquor Regulations to prevent stores and liquor merchants from being able to seek to trade on a Sunday.
Consequently, while it has been previously been the practice, under the Act only Hotels and Clubs with an off premise licence can trade on a Sunday.

In addition off-premises licensed are not permitted to trade on Good Friday or Christmas Day, and are required to make an application to vary this condition in any given year.
Localised Restrictions In addition to these standard hours of trade, further restrictions to hours of trade have been implemented in regional areas where alcohol consumption and harm have been experienced at higher rates.

On 1 January 2000 a trial that restricted the hours for off- premise licenses to operate between 2pm and 8pm was introduced in Katherine.
Following the success of the trial, the reduced trading hours where 5 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62 Ref: DOB2015/01539-0006~0014 incorporated into licence conditions in the Katherine area and the trial extended to other regional centres including Tennant Creek and Alice Springs and has now been in place for a number of years.
The trial has been successful in all regional centres, and conditions of these off-premises licenses have been amended to now provide for the restricted opening hours.

Local Liquor Accords The Act provides for the development of a Local Liquor Accord by at least one licensee and the Director-General of Licensing, the Commissioner of Police, a local council, businesses or community group with interests in the area to which the accord operates.
A Liquor Accord is a voluntary arrangement that affects the supply of liquor, the opening and closing of licensed premises or other aspects of the management of, or conduct of business on, licensed premises; and is made for the purpose of preventing or reducing alcohol-related violence.

While accords are voluntary in nature, they provide the licensee, community, Police and the Regulator with an opportunity to put in place restrictions to see if a reduction in alcohol fuelled violence can be affected.
In many cases these restrictions have a position affect, and can result in licence conditions being amended.

The current licence conditions relating to locks outs from 3am in fact arose from a Late Night Licensee Accord which was voluntarily agreed to in 2008.

The current licence requirements relation specifically to responsible service of alcohol is addressed in the next term of reference.
Effectiveness of training the current state and requirements of persons working within the hospitality industry and other related industries.

territory It is a condition of all NT liquor licenses, both on and off premise, that staff involved in the service of alcohol must hold a certificate showing the successful completion of the Nationally Recognised Training unit of competency ‘Provide responsible service of alcohol’ (RSA).
Staff are required to hold this certificate within one month of employment, and can be obtained through any Registered Training Organisation who is accredited to deliver the unit of competency.

Currently the RSA unit of competency does not include any refresher training and as the Director-General of Licensing relies on the Nationally Recognised Training, there are no requirement for refresher training in the NT.

This is considered to be a deficiency with relying on the National Course.
Another limitation of the current RSA is that it can be delivered and assessed on line.

Without face to face delivery of training and assessment of the course, there is the 6 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62 Ref: DOB2015/01539-0006~0014 potential for the qualification, and therefore the intent and purpose behind the training, is devalued.
While the RSA training is adequate, the application of the training in late night venues where there are hundreds of patrons can, at times, be difficult.

Licensees who hold late night licenses are also required to have dedicated RSA marshals in place to assist with identification of intoxicated persons.
This approach has had some success, however the Regulator continues to work with licensees to ensure such persons are not required to take on several roles at the venues which can decrease the success of the dedicated Marshall approach.
While security crowd controllers are not required to hold RSA certificates, they are required to circulate throughout the crowd to identify persons who are drunk, violent, quarrelsome, disorderly or incapable of controlling his or her behaviour with the view of removing them from the premises.

It has been identified by industry in the NT that the RSA training does not adequately cover cross cultural awareness which is a critical element of training in the NT.
Steps are currently under way in partnership with the Liquor industry to look at how cross cultural training can be delivered in addition to the RSA requirement as a possibly Alcohol Action initiative, particular in respect of liquor licenses that operate in regional areas.
In addition to RSA, those venues that have gaming machines or offer other gambling products (such as the Casino) are required to have staff trained in responsible service of gaming, security training, and training to ensure compliance with Camera Surveillance requirements.

Educational and other information campaigns designed to reduce alcohol-related violence.
Literature suggests that rules / laws with effective regulation provide the best foundation from which to then base education and promotional campaign materials.

Drinking behavior is a long term change necessitating appropriate regulatory framework upon which to model changing behaviors and demonstrate accountability for noncompliance.
The multitude of educational campaigns that are delivered without valid evaluation methodology does little to support their sole use without an effective regulatory framework upon which they should be based.

Notwithstanding this difficulty, the NT has delivered programs which have had a positive influence on the culture relating to consuming alcohol, and therefore alcohol related harm.
Alcohol and Other Drugs Programs The Department of Health has an Alcohol and Other Drugs Program that aims to minimise harm associated with the use of alcohol, tobacco and other drugs, through a range of prevention, education, treatment and community action initiatives.
These 7 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62 Ref: DOB2015/01539-0006~0014 programs are run in urban areas, as well as remote areas where workers are able to engage with individuals and support them in addressing alcohol misuse.

Local Solutions for Local Problems With such a diverse community, and high risk alcohol consumption leading to alcohol-related violence, being a complex issue, the Territory Government has encouraged local solutions for local Problems.
While some of these have been discussed above, other initiatives which allow local solutions include the declaration of alcohol free areas, or General restricted areas under the Liquor Act.

Such declarations prevent the possession, consumption and sale of alcohol in designated areas which has a direct impact on alcohol related harms.

In such an area, communities can develop and apply to implement permit systems which allows the purchase, possession and consumption of alcohol within their primate premises.
These local solutions have proved to be a positive way of engaging with community and reducing a range of alcohol related harms, including violence, as demonstrated in places such as Groote Eylandt and Nhulunbuy where permit systems have been in place for a number of years.

In addition, the Liquor Act has mechanisms to have a private premises declared an alcohol free are (restricted private premises).

This empowers residents to say no to alcohol in their homes.
Alcohol Management Plans for Communities and specific initiatives to reduce demand, supply and harm all continue to play an important part of the ongoing actions to reduce alcohol-related assaults.

The viability of a national strategy to ensure adoption and delivery of the most effective measures, including harmonisation of laws and delivery of education and awareness across the country, and funding model options for a national strategy.
It is estimated that about 3,200 people die as a result of excessive alcohol consumption and around 81,000 people are hospitalized annually across Australia.

In this regard, a strategic approach in response to the patterns of high risk alcohol consumption across Australia is imperative.
While a national approach can be delivered in respect of education and awareness across Australian, it is nevertheless important to recognise that the communication and delivery of such education necessarily needs to be tailored to the community being targeted.

This is particularly the case in the NT where a significant number of cultural groups reside.

Implementing a National Strategy in the context of Alcohol is an important step forward.
Empirical evidence often demonstrates that strategies which service the needs of the individual community usually prove most effective.

In this regard, a National Strategy which translates to local community outcomes is critical in ensuring its viability.
8 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62 Ref: DOB2015/01539-0006~0014 The next iteration of the National Alcohol Strategy is currently being developed by the Intergovernmental Committee on Drugs (IGCD), and sets out a direct response to the issues of alcohol in the community- and provides a framework by which state and territory governments can establish strategic plans to ensure progress against the key deliverables of a harm minimisation model being delivered.
Again this would be including the flexibility to tailor programs to individual community and cultural needs.

Funding for a national strategy is delivered at a national level- noting that states and territories have opportunity to develop regionally appropriate alcohol plans and strategies based upon the framework of the national strategy.
The funding for a national research and evaluation of drug related issues (including but not limited to alcohol) is strongly encouraged to ensure best practice evidence informed strategies are implemented.

The benefit of previous funds- such as the National Drug Law Enforcement Research Fund, provides opportunity for targeted research to focus on emerging substance misuse and associated crime matters.
Establishment of judicial commission in each state and territory to ensure consistency judgments relating to alcohol-related violence in line with community standards; in There are currently no specific courts established in the NT to deal with alcohol related offending.

While the Community may express the view that sentencing of alcohol-related violence offenders does not reflect community views, it is unlikely that such views would be resolved by introduction of a specific Commission.
A more appropriate approach may be uniform sentencing considerations for alcohol-related offending could serve to ameliorate existing variance.

any other related matter The inquiry may wish to consider a nationally consistent approach to the management of intoxicated persons.

Within the NT, “Sobering-up Shelters” are available six days per week within restricted time frames; however there is an overflow outside of these operating hours.
Similar issues may exist Australia-wide, particularly in Queensland and Western Australia.

In addition to Sobering-up Shelters, the Northern Territory supports the delivery of “Night Patrol” services which intervenes in tense, potentially violent and often alcohol-fuelled situations to assist Aboriginal people.

These services are delivered in a number of urban areas including Darwin, Palmerston and Nhulunbuy.

9 Need for a nationally-consistent approach to alcohol-fuelled violenceSubmission 62