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83
Local agreements on public consumption of alcohol
That
a) The Northern Territory Government consider giving a public indication that it will review the two kilometre law at the end of a period of one year in the expectation that all relevant organisations, both Aboriginal and non-Aboriginal, will negotiate as to appropriate local agreements relating to the consumption of alcohol in public that will meet the reasonable expectations of both Aboriginal and non-Aboriginal people associated with particular localities; and
b) Other Governments give consideration to taking similar action in respect of laws operating within their jurisdictions designed to deal with the public consumption of alcohol.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 83 was to negotiate and review local agreements relating to public consumption of alcohol with Aboriginal and non-Aboriginal organisations to ensure they meet local needs.
We are concerned that restrictions on drinking alcohol in public are often implemented by councils as a knee-jerk response to commercial concerns without any engagement with local Aboriginal communities.
It's only when it [people’s consumption of alcohol in public] becomes a nuisance to businesses that councils will make special laws that they bring in very quickly to ban anyone drinking in parks and public areas. Aboriginal people aren’t consulted.
(Robert Nicholls, Chairperson, Hume RAJAC)
There aren’t any processes in place for involving Aboriginal organisations and groups in negotiating local agreements relating to the consumption of alcohol in public.
Only part of Recommendation 83 applies in the Victorian context. Further implementation, through greater Aboriginal engagement in local discussions about consumption of alcohol in public, could contribute to improving Aboriginal justice outcomes. Recommendation 84 covers similar issues, and we considered it a higher priority for implementation than this one.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC)highlighted the need to closely monitor the impacts of decriminalising and regulating public drinking to prevent increased detentions or discrimination against Aboriginal people. It recommended that the Northern Territory Government review the two-kilometre law after one year and urged other governments to address public alcohol consumption laws through locally negotiated agreements involving both Aboriginal and non-Aboriginal communities.
Actions Taken Since Last Review
Local Government Victoria
Local Government Victoria (LGV) do not have direct responsibility for implementing this action but are supportive of the Department of Justice and Community Safety and Victoria Police actively engaging with councils on this recommendation. LGV is available to support lead agencies to engage with councils and share and disseminate information as required.
The provisions in the Local Government Act 1989 that provided a process for the Victorian Electoral Commission to conduct a poll of voters in relation to ‘dry zones’ have been repealed. Councils have retained the ability to make local laws under the Local Government Act 2020 (Vic). Local laws must be consistent with other legislation and can only prescribe penalties not exceeding 20 penalty units for a contravention. Anecdotally, LGV is aware that several councils have local laws that restrict the consumption of alcohol in designated public places.
Impact
Outputs
A 2013 roundtable with representatives from the AJF, Aboriginal health services, and alcohol and other drug services to develop responses to public intoxication arising from alcohol misuse.
Outcomes
Exploring the Experiences and Needs of People Who Drink in Public Places in City of Yarra
The Turning Point report Exploring the Experiences and Needs of People Who Drink in Public Places in the City of Yarra (2021) identified three independent reviews of Local Law 8 between 2010 and 2014. There were consistent findings that Local Law 8 had not reduced alcohol-related harm, and Aboriginal drinkers experienced the most cultural, legal, and economic impacts as a result of the law.
Community Views
More than 250 community members responded to community consultations led by the Yarra Council in June and July 2019. While the Turning Point report did not specify the number of Aboriginal participants in these consultations, formal submissions highlighted the disproportionate impact the law had on Aboriginal people.