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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-11-15 Daily Xml
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LIQUOR LICENSING (SUPPLY TO MINORS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 20 September 2012.)

Mr SIBBONS (Mitchell) (10:33): On behalf of the government, I oppose the second reading of this bill. I acknowledge that the member for Morialta shares the government's and the community's concern about the level of underage drinking. However, the government does not believe the measure proposed in this bill is an appropriate response to what is a complicated problem within our community.

Firstly, the government does not believe that charging and prosecuting young people for underage drinking in private homes or for supplying their friends with alcohol with all the consequences that follow, including those that go beyond the penalty imposed upon conviction by the court—for example, the impact on a young person's employment opportunities or restrictions on overseas travel—is an appropriate way to deal with underage drinking if we have, as I suggest we must, the interests of young people as our primary concern.

It is hardly likely to assist the government to engage with young people about the social problems associated with underage drinking when we are threatening to prosecute them for doing it. If such laws were in place, we would find many of our young people in the community having their future prospects considerably affected because they made a small mistake as a minor.

Secondly, the government is also very concerned about the impact the new offences may have on a person's, particularly a minor's, willingness to take responsibility for or to call police or an ambulance to a party at which minors have consumed alcohol should that assistance be required. The risk of prosecution may well dissuade a person from doing so.

For years it has been emphasised through community education campaigns that if someone's life is at risk we should always call emergency services. I am sure that there would be many parents in this chamber who would have spoken to their children educating them about the importance of calling 000 in an emergency. Unfortunately, we know that there can sometimes be issues at parties and events attended by young people in our community. This may be as a result of violence, excessive alcohol consumption or even drugs. This bill would see many minors being dissuaded from calling emergency services when it is needed, and this is something of the utmost concern.

Thirdly, it is also not clear to the government quite how these offences will be enforced. The government notes that the effect of creating a general offence of supplying liquor to a minor or of possession or consumption by a minor of liquor, including on private premises, is to provide the police with a power to enter any private premises without a warrant where they suspect, on reasonable grounds, that an offence of that nature is being committed or that there is evidence of an offence against the act, using whatever force is necessary for the purpose. However, what level of police resources will be required to enforce this legislation? Will it require a new police force division or taskforce? How many homes will the police need to visit on a typical Friday or Saturday night when most of these parties attended by minors occur?

Overall, the government does not believe that such a broad unconstrained power of entry onto private premises for such a minor offence is an appropriate or, indeed, a proportionate enforcement mechanism. Even with the power of entry, the lack of enforcement, and given the extent of underage drinking in private premises there will be a lack of enforcement, will quickly discredit the offence thereby undermining whatever deterrent effect it may have.

The government acknowledges that other jurisdictions have criminalised the unauthorised supply of liquor to minors in private premises, although none has, to the government's knowledge, gone so far as to criminalise the unauthorised consumption or possession by minors of liquor on private premises. In any event, the government is yet to see any evidence that the laws interstate have had any impact on the rate of underage drinking in those jurisdictions.

The government does not believe that arresting and prosecuting teenagers for underage drinking, effectively turning thousands of otherwise decent law-abiding young people into criminals, is the answer to the problem of underage drinking in our community. While I acknowledge the member's concerns about this important issue in our society, as a policy response it is likely to do more harm than good to the very people it is aimed at protecting.

Debate adjourned on motion of Mr Goldsworthy.

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