Spence, Judy --- "Liquor Restrictions in Queensland Indigenous Communities" [2003] IndigLawB 35; (2003) 5(25) Indigenous Law Bulletin 5

• Liquor Restrictions In Queensland Indigenous Communities
• Alcohol Management Plans
• Future Of Alcohol Management Plans
• Conclusion

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Liquor Restrictions in Queensland Indigenous Communities

by Judy Spence MP

The Indigenous Communities Liquor Licences Bill 2002 (Qld)[1] (‘ICLL Bill’) amended the Liquor Act 1992 (Qld)[2] (‘Liquor Act’) with the objective of regulating the sale and supply of liquor in particular areas to minimise the harm caused by alcohol abuse and misuse. The Community Services Legislation Amendment Bill 2002 (Qld)[3] (‘CSLA Bill’) amended the Community Services (Aborigines) Act 1984 (Qld)[4] and the Community Services (Torres Strait) Act 1984 (Qld).[5] The principal objective of the CSLA Bill was to provide a legislative basis for the creation of Community Justice Groups (‘CJG’) in remote Aboriginal and Torres Strait Islander communities. CJGs are made up of community members who are chosen by their community according to the particular social organisation of that community. The CSLA Bill provides legislative powers for CJGs to declare dry places in their community areas. Both the ICLL Bill and CSLA Bill became law on 24 September 2002. Both these Bills are key components in the Queensland (‘Qld’) Government’s Meeting Challenges, Making Choices[6] strategy.

In my Second Reading Speech for these Bills, I clearly indicated the Queensland Government’s resolve to address alcohol problems in Indigenous communities.[7] Justice Tony Fitzgerald’s Cape York Justice Study reported that death rates attributed to alcohol in Indigenous communities are over 21 times the general Queensland rate. Death rates from homicide and violence, much of which is alcohol related, are 18 times the Queensland average in Indigenous communities.[8] My intent was clear when I stated:

In communities in Cape York and other remote areas of Queensland, no one escapes the ravages of alcohol abuse. Children are sexually abused. Babies are born with foetal alcohol syndrome. Women are bashed and raped. Families go without food when meagre funds are spent in the hotel or siphoned off by unscrupulous sly grog merchants.

We have an inescapable duty to act to do something about this situation. No Government can stand by and watch while these levels of alcohol abuse and violence continue. Justice Fitzgerald has said that if urgent action is not taken, the very existence of these communities is threatened.[9]

It is with this backdrop that we can begin to examine the current activities being undertaken to address alcohol consumption within Indigenous communities in Queensland.

Alcohol Management Plans

Alcohol Management Plans (‘AMP’) empower members of Indigenous communities to confront the alcohol problem within their communities while ensuring that a relationship of partnership and support exists between them and the Queensland government.

The establishment of a legislatively based CJG enables community members to formulate an AMP. The AMP is a comprehensive document that is developed by the CJG and determines such matters as:

• If an area within the community is to be declared a restricted area with respect to carriage of alcohol;
• If dry areas are to be declared within a community area;
• What the operating hours of the licensed premises in the community are to be;
• What alcohol products are to be provided from the licensed premises;
• If takeaway alcohol is to be available from the licensed premises; and
• The general operation of the licensed premises.

A total of 19 Indigenous communities throughout Queensland are currently involved in developing or implementing AMPs. The first AMP came into effect on 1 January 2003. The CJG involved elected to take a strong stance and established a restricted area that prohibited the carriage of any alcohol within the community area. The restricted area was declared by regulation pursuant to the Liquor Act. The opening hours of the licensed premises in this community were restricted, and a ban was imposed on the sale of wine and spirits. No take-away sales were permitted.

Early indications are that the CJG’s efforts in this first community have met with a good degree of success. A comparison of medical treatment data for the two months prior to the restrictions coming into place with that of the first two months post implementation has shown the following:

• A 29 percent reduction in the number of overall presentations for injury;
• A 74 percent reduction in the number of presentations which were alcohol-related;
• A 33.4 percent percentage reduction in the number of injuries that were alcohol-related (representing a reduction from 53 percent to 19.6 percent);
• A 55 percent reduction in the number of presentations due to assault.

It is anticipated that all nineteen communities will have an AMP in place by the end of 2003. This will be a significant achievement for these communities. The establishment of an AMP is often hard and not a universally popular decision within a community.

Once AMPs are in place, consideration can be given to establishing Community Liquor Licensing Boards (‘CLLB’). Whereas a CJG sets the strategic direction for alcohol management within a community, a CLLB administers that strategy. The CLLBs will be comprised of community members. Liquor licenses can be transferred to CLLBs, and they can be responsible for the operation of licensed premises located in Indigenous communities.

Future of Alcohol Management Plans

The AMPs are dynamic in nature and will be developed and modified by CJGs to cater for local circumstances. It is anticipated that AMPs will be maintained in all communities for many years to come. This will guarantee the safety and wellbeing of young Indigenous Queenslanders.

The strategy developed to achieve compliance with the Liquor Act focuses upon alcohol supply issues. However, it is clear that alcohol demand issues also need to be addressed in order to achieve long-term change in behaviours related to alcohol consumption.

Conclusion

The efforts made in Queensland are bold. The legislative provisions enacted by the Queensland Government in 2002 have been the catalyst for fundamental change. These provisions have enabled Indigenous communities in Queensland to take up the challenge to address alcohol problems in a meaningful way. Their impact has the potential to ensure that Indigenous Queenslanders have a quality of life comparable to any other Queenslander. Yet there is an ongoing need to monitor and evaluate the impact of AMPs on Indigenous communities.

The Queensland Government is leading the nation with this type of reform. We do this because we must. There is a crisis in our Indigenous communities which needs to be dealt with. Let there be no mistake. Alcohol abuse is the biggest issue facing these Indigenous communities today, and if we fail to do anything about it these communities will have no tomorrow.

The Honorary Judy Spence is the Minister for Families, Aboriginal and Torres Strait Islander Policy and Disability Services.

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[1] Indigenous Communities Liquor Licences Bill 2002 (Qld).

[2] Liquor Act 1992 (Qld).

[3] Community Services Legislation Amendment Bill 2002 (Qld).

[4] Community Services (Aborigines) Act 1984 (Qld).

[5] Community Services (Torres Strait) Act 1984 (Qld).

[6] Queensland Government, Meeting Challenges, Making Choices: The Queensland Government’s Response to the Cape York Justice Study, April 2002.

[7] The Honorary Judy Spence, Second Reading Speech, <http://www.parliament.qld.gov.au> .

[8] Queensland Government, CapeYork Justice Study, November 2001.

[9] Judy Spence, above n 7.