Northern Territory Second Reading Speeches

[Index] [Search] [Bill] [Help]

ALCOHOL COURT BILL 2005

Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bills be now read a second time.

The purpose of these bills is to implement the government's election commitments regarding antisocial behaviour. In particular, the bills will provide for new strategies to deal with offenders who are alcohol-dependent; provide for a new category of dry or restricted premises suitable for urban areas; and improve mechanisms for dealing with tenants in relation to antisocial behaviour.

The legislative package consists of two cognate bills, the first of which deals specifically with the establishment of the new alcohol court and the powers of that court. The second bill makes a range of amendments to the Liquor Act, the Housing Act, and the Residential Tenancies Act, as well as providing consequential amendments in relation to the Alcohol Court Bill.

The legislative package underpins a coordinated whole-of-government approach to breaking the cycle of alcohol abuse, violence and antisocial behaviour in our community. These reforms are all about the government, the courts and the communities working together to achieve this aim.

First, the Alcohol Court Bill: this bill will establish a specialist court to deal with offenders who are dependent on alcohol. The new court will be constituted by a magistrate and will only deal with offences that would normally be dealt with by a magistrate. Serious offences, such as murder and manslaughter, sexual assault, and armed robbery will continue to be dealt with by the Northern Territory Supreme Court. Serious offenders will not avoid imprisonment as a result of this legislation.

The alcohol court builds on the experience and success of the CREDIT program operating in the magistrates court for people whose offending is connected to illicit drug use. However, while the CREDIT program is limited to providing treatment for offenders on bail prior to sentencing, the alcohol court will have a broader range of options for dealing with offenders who are dependent on alcohol. Only people charged with a criminal offence can be dealt with by the alcohol court.

The aims of establishing an alcohol court are to: address alcohol dependency that leads to crime; facilitate a reduction in the commission of offences associated with alcohol dependency; facilitate the rehabilitation of offenders; and contribute to improvements in offenders' health and social functioning. The treatment process established by the alcohol court will also contribute to the safety and wellbeing of the broader community which is affected by antisocial behaviour associated with regular and excessive alcohol consumption. The alcohol court will operate in a different way to the conventional Magistrates Court by specifically seeking to address the underlying behaviour that leads to the commission of offences, as well as dealing with the immediate legal issues.

When offenders are referred to the alcohol court they will undergo assessment by a specialist court clinician. The role of the clinician is to provide the court with information and advice regarding whether a person is a suitable candidate for treatment and what kind of treatment would be appropriate. Through the system established by the Alcohol Court Bill, magistrates will be able to use their authority to play an important role in motivating offenders to deal with their dependence on alcohol and comply with orders to undergo treatment. Compelling people to undergo treatment, and providing support through that process, means a real opportunity to break the cycle of alcohol abuse. Intensive, targeted alcohol treatment programs do work and they can turn lives around.

The bill introduces alcohol intervention orders, a new form of intensive sentencing order for offenders who are facing a term of imprisonment. An alcohol intervention order will comprise a term of imprisonment that is fully or partially suspended on the person entering the treatment and supervision component of the order. The offender will be required, as part of the supervision and treatment component of the order, to undergo treatment for alcohol dependency. While an offender is subject to an alcohol intervention order they will be subject to strict conditions and supervised by Correctional Services. They must remain in the Territory, not commit another offence punishable by imprisonment, and must not consume alcohol. In addition, as part of the supervision by Correctional Services the offender must submit to breath and blood tests to ensure they are complying with the order.

The court will also have a broad discretion to impose additional conditions as part of the treatment and supervision component of the order. These may include a requirement to reside at a particular place, imposition of a curfew, a requirement to undertake certain educational and employment activities, or a requirement to submit to other types of medical, psychiatric or psychological treatment.

Offenders are eligible for referral to the alcohol court for an alcohol intervention order when they plead guilty to an offence, or have indicated an intention to plead guilty to an offence; they are likely to be sentenced to a term of imprisonment; they appear to be dependent on alcohol; and they have agreed to be referred to the alcohol court. If an offender does not agree to be referred to the alcohol court then they will simply be sentenced to imprisonment in the normal manner.

Offenders are not eligible for referral to the alcohol court if they are subject to a parole order; subject to a community service order; serving a suspended term of imprisonment; or undertaking a home detention order. Likewise, juveniles will not be referred to the alcohol court as the new Youth Justice Act already provides for a comprehensive and flexible range of sentencing and diversion options for offenders under 18 years.

Once an offender is referred to the alcohol court they will be subject to an assessment by the court clinician who will be qualified to give advice and make recommendations in relation to the offender's dependency on alcohol and appropriate treatment. The court clinicians will provide written advice to the court regarding each offender which can include a case management plan and recommendations that might be appropriate for inclusion in the alcohol intervention order.

The alcohol court can be involved in ongoing supervision of the offenders subject to an alcohol intervention order either through a requirement for the offender to report to the court, or as part of a review process initiated by the offender, police officer, or prosecutor. When a court reviews an alcohol intervention order it may vary the treatment and supervision component to take into account the extent of the offender's compliance with the order. The court may also revoke the treatment and supervision component of an alcohol intervention order and require the offender to serve all, or part, of the term of imprisonment attached to the order. The court is, therefore, in a position to both encourage offenders as they progress through their treatment, and impose sanctions on offenders who commit minor breaches of the treatment and supervision component of their orders.

The alcohol court will also deal with offenders who contravene their alcohol intervention orders. A contravention occurs when the offender fails to comply with one of the conditions of the order. Where the court is satisfied that the offender has committed a contravention it may commit the offender to imprisonment for a period of up to 14 days; revoke the treatment and supervision component of the order; and require the offender to serve all, or part, of the term of imprisonment attached to the order; or revoke the entire alcohol intervention order and sentence the person for the relevant offence. Where the court orders that the person may be imprisoned for a period of up to 14 days they will continue to be subject to the alcohol intervention order on release from prison.

The alcohol court will also have the power to make prohibition orders for offenders who are dependent on alcohol. Prohibition orders will be available for lower level offenders not facing a sentence of imprisonment and, therefore, not eligible for an alcohol intervention order. Unlike alcohol intervention orders, prohibition orders are not a sentence but, rather, are designed to complement any sentence that might be imposed on the offender.

The provisions in the bill regarding prohibition orders will replace existing Liquor Act provisions relating to prohibition orders. The final report of the alcohol framework supported the continuation of a form of compulsory treatment and recommended that the provisions in the Liquor Act be amended to provide for a more flexible form of order.

A person appearing before the Court of Summary Jurisdiction charged with a criminal offence can be referred to the alcohol court for a prohibition order where they have been found guilty of an offence, or plead guilty to an offence, or intend to plead guilty to an offence, and they appear to be dependent on alcohol. Unlike alcohol intervention orders, it is not a prerequisite for the offender to be facing a sentence of imprisonment. Any offender can be referred to the alcohol court for a prohibition order if they meet the other relevant criteria.

The purpose of a prohibition order is to facilitate rehabilitation, reduce the commission of offences and other harm associated with alcohol dependency, and to reduce the health risks associated with alcohol dependency. Before the court can make a prohibition order, the offender must be assessed by a court clinician. The court makes its decision in relation to whether a prohibition order should be made on the basis of the advice in the court clinician's report. A prohibition order may include orders that prohibit or restrict the consumption of alcohol by the offender; prohibit the offender from entering licensed premises; or restrict when an offender enters or remains at licensed premises. An order is made for a specified period of up to 12 months. In addition, the court may require the person to undergo specified treatment as recommended in the assessment report. The alcohol court must also sentence the person subject to a prohibition order for the offence for which they have been found guilty.

In appropriate cases, the court may specifically require the offender to comply with a prohibition order as part of the conditions of the sentencing order imposed by the court for the relevant offence. This will depend largely on the nature and seriousness of the offence and the person's criminal history. When this occurs, the prohibition order may be enforced through the provision of the Sentencing Act for enforcement of sentencing orders. In addition, the court may adjourn the sentencing of an offender subject to a prohibition order for up to six months to monitor the progress of the offender during this time. The offender may be subject to bail during this period and the court will have the power to incorporate the terms of the prohibition order into the bail undertaking. Failure to comply with the terms of the bail undertaking can be enforced using the provisions of the Bail Act.

The general rules in relation to appeals from decisions of a magistrate will apply to decisions made by the alcohol court; that is, the parties will have the right to appeal against sentence, or on the grounds of an error of fact or law. In addition, the court will be able to refer questions of law to the Supreme Court for determination.

Government has allocated additional funding to establish an alcohol court with $202 000 allocated for 2006-07, $207 000 for 2007-08, and $213 000 for 2008-09. These funds will be used to employ additional court clinicians to support the operation of the court. The Territory has a range of well established, high quality alcohol treatment programs provided by government and non-government organisations, and the government has allocated an additional $560 000 of recurrent funding, increasing to $640 000 in 2008-09, for additional alcohol treatment places to support the operation of the alcohol court.

I turn now to the Antisocial Behaviour (Miscellaneous Amendments) Bill. This bill proposes amendments to the Liquor Act to provide for a new category of restricted premises, and to the Housing Act and Residential Tenancies Act to introduce the use of acceptable behaviour agreements for public housing tenants, and to provide for applications by third parties for the eviction of tenants for unacceptable behaviour.

The proposed amendments to the Liquor Act will permit the Licensing Commission to make a declaration in relation to private premises that will prohibit the consumption or possession of alcohol at those premises. These provisions will complement the existing provisions in Part VIII of the Liquor Act that allow the Licensing Commission to make a declaration regarding restricted areas. Under the proposed amendments, the Licensing Commission will be able to make a declaration in relation to private premises including homes, shopping centres, churches, schools, and hospitals. A declaration could also be made in relation to part of a premises to take account of licensed premises at shopping centres.

The purpose of introducing a new category of 'restricted premises' is to give the owners and occupiers of premises, and the people with a particular interest in the private premises, the ability to take some action and responsibility regarding the consumption and possession of alcohol at those premises. An application for a declaration can be made by the owner or occupier of the premises, a person or organisation representing the owner or occupier or, in the case of properties open to or used by the public, an interested person. 'Interested person' is defined to include people living or working in the neighbourhood, a community-based organisation connected with the area, or a police officer. When the commission receives an application for a restricted premises declaration, it will be required to consult with interested persons, the owners and occupiers of the premises, and the Commissioner of Police regarding the application. The extent of consultation required in relation to the application is confined to consulting with the parties immediately affected by the declaration.

By contrast, with an application for a restricted area declaration, under the existing provisions in Part VIII of the Liquor Act, the commission is required to consult more broadly. Where an application is made by an interested person, the Licensing Commission may make a restricted premises declaration if it is satisfied that doing so is in the public interest. In the case of an application by owners or occupiers for a declaration over their home, the decision of the commission will reflect the wishes of the majority of lawful occupiers. In relation to all applications, the commission must also be satisfied that a declaration would be practicable in all of the circumstances.

Where the commission makes a declaration, it would be obliged to arrange for a notice to be posted at the restricted premises that contains information about the declaration, the offence of failing to comply with the declaration, and the penalties that apply for the offence. A declaration lapses if a title of ownership is transferred, or the lease over the premises is terminated. In addition, the applicant may also request that the declaration be revoked, and the commission has a general discretion to revoke the declaration.

It will be an offence for a person to contravene a declaration of restricted premises by taking alcohol into restricted premises, or possessing, or consuming alcohol at restricted premises. The penalty for contravention of a declaration will be forfeiture of the alcohol found at the premises. In addition, the police will be able to issue a complaint or an infringement notice for the offence. The maximum penalty for the offence will be $500. The police will have an additional power to enter restricted premises without a warrant where they believe a person is contravening a declaration, and to search the premises and the people at the premises. This is necessary to allow police to effectively enforce the new category of restricted premises

While the main new provisions in relation to prohibition orders are located in the Alcohol Court Bill, this bill also contains some provision in relation to prohibition orders. The Director of Licensing will have the responsibility of notifying and informing licensees about the existence of prohibition orders against individuals. When the alcohol court makes a prohibition order, it must advise the Director of Licensing and the director must then give all relevant licensees information regarding the prohibition order, including the person's name and the period that the order is in operation. The director must also advise licensees to take all reasonable steps to ensure that the prohibited person is not permitted to enter or remain at licensed premises, and that alcohol is not be sold to them contrary to the terms of the order. Relevant licensees are those licensees the alcohol court has ordered must be notified and other licensees that the director considers will be affected by the order.

This bill also provides for amendments to the tenancy laws to introduce acceptable behaviour agreements for public housing tenants, and to permit applications by third parties for the termination of any residential tenancy for unacceptable behaviour. Under the proposed amendments, Territory Housing will be able to compel a tenant to enter into an agreement not to engage in antisocial behaviour at a relevant rental property. These agreements will be referred to as Acceptable Behaviour Agreements. If Territory Housing requests a tenant to enter into an Acceptable Behaviour Agreement, the tenant will have 28 days to comply with the request. If the tenant fails to enter into the agreement, or seriously or repeatedly breaches the terms of the agreement, Territory Housing may seek an eviction order from the court. The decision by Territory Housing to require a tenant to enter into an Acceptable Behaviour Agreement will be made on the basis of the tenant's behaviour in connection with the existing lease, or on the basis of any history of any previous tenancy agreement for public housing in the Northern Territory.

Once a tenant enters into an Acceptable Behaviour Agreement, the operation of the agreement extends to the behaviour of other people living or staying at the premises with the consent of the tenant. If a guest or other resident breaches the terms of an agreement, then the tenant is taken to have breached the terms of the agreement. However, when the court is considering an eviction application against a tenant for a breach of an order as a result of the behaviour of people at the premises other than the tenant, the court can take into account reasonable action taken by the tenant to prevent the behaviour. For example, the court can take into account whether the tenant called the police to deal with antisocial behaviour by other residents or guests, or has made an application for a declaration under the new category of restricted premises. When the court is satisfied that the tenant has taken all reasonable steps to prevent the breach of the terms of the agreement by other people, the court may decide not to make an eviction order.

The bill will also amend the Residential Tenancies Act to allow third parties to make an application for termination of a tenancy because of unacceptable behaviour of the tenant. Section 100 of the Residential Tenancies Act currently allows the court to terminate any tenancy agreement, whether it be in relation to public or private housing, when the tenant has used the premises for an illegal purpose, has repeatedly caused a nuisance or allowed someone to cause a nuisance, or has repeatedly caused or allowed an interference with the peace and privacy of a neighbour.

Under section 100, these applications can only be made to a court by a landlord. The amendment to the Residential Tenancies Act contained in this bill will allow other parties who are adversely affected by the conduct of the tenant to make an application to the court to terminate the tenancy. Under the proposed amendment, if a third party who can demonstrate that they have been adversely affected by antisocial behaviour of the tenant makes an application to the court, the landlord must be notified of the application. The court will hear from all parties, including the person seeking the order, the landlord and the tenant before deciding whether to make an eviction order. If the landlord objects to the eviction of the tenant, the court may only make an order for the eviction in exceptional circumstances. This last provision balances the interests of neighbours with the interests of landlords.

Madam Speaker, that concludes my explanation of the bills. I table the explanatory statements which accompany the bills. I commend the bills to honourable members.

Debate adjourned.

 

[Index] [Search] [Bill] [Help]