On 28 November 2013, Alcohol Protection Orders (insert hyperlink to the Act) were passed through Territory Parliament.
An Alcohol Protection Order prevents a person from possessing or consuming alcohol or attending licensed premises, other than for work or for place of residence.
Many local supermarkets in the Northern Territory are licensed premises because they sell take-away alcohol. In some cases, this means that those subject to orders will not be able to go to their local supermarket to do their shopping. The Government has said that they “do not care” if that’s the consequence for a person having an order against them.
It can be issued to any person who is charged with an offence carrying a minimum penalty of six months imprisonment or more, where alcohol was a factor (including offences under the Traffic Act).
These orders can be issued for three, six or 12 months – three months for the first offence, six months for a second offence and 12 months for a third or subsequent offence.
The Government has said they are looking at requiring persons subject to Alcohol Protection Orders to wear GPS bracelets so they can be tracked to see if they go to licenced premises.
NAAJA has a number of concerns about the legislation and produced a clause-by-clause analysis (insert hyperlink to our analysis) of the draft Bill.
Here’s a Fact Sheet produced by the Making Justice Work Coalition about APO’s (insert fact sheet)
Locking up people with an addiction is not going to solve anything. The Act is contrary to the recommendations of the 1991 Royal Commission into Aboriginal Deaths in Custody effectively re-criminalises public drunkenness.
Our concerns include that the legislation:
- will disproportionately impact Aboriginal people. Early signs are that APO’s are being issued at alarming rates. More than 60 were issued in their first week of operation (see http://www.abc.net.au/news/2013-12-26/alcohol-protection-orders-first-week-numbers-issued-john-elferi/5175646)
- ignores what health experts say about alcoholism. An alcoholic will not stop drinking because they are placed on an APO: all it will do is send more people to jail
- gives Police far-reaching powers usually reserved for courts. Police are able to ban people from drinking if they have charged them with an offence involving alcohol.
- covers not just serious offences, but almost all criminal offending. Qualifying offences include loitering, disorderly behaviour in a public place, and high and medium range drink driving
- applies where a police officer believes the person was ‘affected by alcohol’ at the time of the alleged offence. ‘Affected by alcohol’ sets a very low threshold – is a person who has had a few drinks ‘affected by alcohol’?
- allows a police officer who reasonable believes that an adult is subject to an APO to search the person without a warrant. This is an unacceptably broad power.
- The process for reconsideration and review of decisions to make an APO are inadequate. The 3 day timeframe to make an application for is far too short, particularly given that the application must be made in writing.
On 19 November 2013, the Australian National Council on Drugs’ National Alcohol Action Plan. The Plan draws on numerous expert reports and gives evidence-based recommendations on how to reduce alcohol related harm in Australia. You can read the Plan here.