Alcohol Harm Reduction Act 2017

The object of this Act is to reduce the harm associated with the misuse of alcohol and improve the health, safety and wellbeing of people in the Territory by providing a legislative framework for:

(a) making banned drinker orders to enable adults to be registered on the banned drinker register; and

(c) protecting people who are misusing alcohol from severe or serious harm because of the misuse; and

(d) protecting people, particularly children, from harm or nuisance resulting from the misuse of alcohol by others.

In this Act:

28 day police BDO means a BDO made under section 9A or 9B.

administrative error includes an error that results in a person being incorrectly identified.

alcohol means liquor as defined in section 4(1) of the Liquor Act 2019.

alcohol-related infringement notice means an infringement notice in relation to an offence against any of the following:

(a) section 143(2), 144(2), 171A(1), 173(1), 183(1), 189(1), 218(1), 224(1) or 228(2) of the Liquor Act 2019;

(c) section 47 or 53(1)(a) or (7) of the Summary Offences Act 1923, if the police officer giving the infringement notice believes on reasonable grounds that the alleged offender is, at that time, affected by alcohol;

alcohol-related offence means any of the following:

(a) an offence for which the maximum penalty is imprisonment for a term of at least 6 months, if a police officer believes on reasonable grounds that the alleged offender was affected by alcohol during the commission of the offence;

(b) an immediate suspension offence as defined in section 19(1) of the Traffic Act 1987 that involves alcohol;

(d) another offence that involves alcohol (for example, stealing alcohol);

alcohol‑related protective custody, see section 5A.

banned adult means an adult who is subject to a BDO.

banned drinker register means the register of persons who are banned for the purposes of the identification system established under section 128 of the Liquor Act 2019.

BDO, see section 7.

BDR Registrar, see section 35.

charged, in relation to an alcohol-related offence, includes being charged at a police station.

child protection worker means a person appointed as an authorised officer under section 304(1)(a) of the Care and Protection of Children Act 2007.

clinician means:

(c) a person employed in the Agency as an alcohol or other drugs clinician; or

family member, see section 5.

first police BDO means a BDO made under section 10.

income management means the income management regime under Part 3B of the Social Security Administration Act.

income management order means an order under section 27.

information sharing authority means:

(a) a public sector employee who is acting under a law of the Territory in relation to a banned adult; or

(b) a licensee as defined in section 4(1) of the Liquor Act 2019; or

nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student).

police DVO, see section 28(1) of the Domestic and Family Violence Act 2007.

proceedings, see section 31.

publication, see section 31.

second police BDO means a BDO made under section 13(1).

Secretary means the Secretary under the Social Security Administration Act.

Social Security Administration Act means the Social Security (Administration) Act 1999 (Cth).

subsequent police BDO means a BDO made under section 13(2) or (3).

Tribunal means the Civil and Administrative Tribunal.

Tribunal Act means the Northern Territory Civil and Administrative Tribunal Act 2014.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(2) A relative of the adult includes a person who is related to the adult in accordance with customary law or tradition (including Aboriginal customary law or tradition).

Notes for section 5

1 A relative of an adult may include (for example) a parent, step-parent, grandparent, aunt, nephew, cousin, half-brother, mother-in-law or aunt-in-law.

2 Section 19A of the Interpretation Act 1978 contains definitions of certain domestic relationships, including spouse and de facto partner.

An adult is taken into alcohol‑related protective custody:

(a) if the adult is apprehended and taken into custody under section 128 of the Police Administration Act 1978; or

A BDO is a banned drinker order, in the form approved by the BDR Registrar, that states the following:

(b) that the adult is prohibited from purchasing, possessing or consuming alcohol during the period for which the order is in force;

(d) for a BDO made by a police officer – the name, rank and place of duty of the police officer, and the date and time it is made;

(e) that the order comes into force when it is registered, regardless of whether the adult actually receives a copy of the order;

(g) the consequences of a contravention of the order and a description of what constitutes a contravention;

(h) any entitlement of the adult to apply to the Tribunal for review of the decision to make the order;

(i) that the adult may apply to the BDR Registrar for referral for assessment, which may result in reduction of the period of the BDO.

Note for section 7

A BDO may be made in various ways:

(a) a police officer may make a BDO under section 10;

(b) a second or subsequent police BDO may be made under section 13;

(c) the BDR Registrar may make a BDO under Division 3 or 4.

(a) the adult is taken into alcohol‑related protective custody; or

(c) the adult is found to be in contravention of section 171(1) of the Liquor Act 2019; or

(d) the adult is issued with a banning notice under section 212 of the Liquor Act 2019.

(a) the adult is already subject to a BDO made under this Division or Division 4; or

(b) the occurrence mentioned in subsection (1)(a) to (d) results in the making of a first police BDO.

(1) If a police officer believes on reasonable grounds that a banned adult has contravened a 28 day police BDO:

(a) the police officer must make another 28 day police BDO for the adult; and

(2) Subsection (1) does not apply in relation to a banned adult if the contravention results in the making of a first police BDO.