Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-07-17 Daily Xml

Contents

POLICE BARRING ORDERS

The Hon. B.V. FINNIGAN (14:56): I seek leave to make a brief explanation before asking the Minister for Consumer Affairs a question about police barring orders.

Leave granted.

The Hon. B.V. FINNIGAN: In the past, I understand that the police have expressed frustration about disruptive and disorderly patrons being at licensed premises in circumstances where, while no offence has been detected, police nevertheless hold concerns for the safety and welfare of other people at those licensed premises. Will the minister update the chamber on how the power to bar legislation is assisting police?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (14:57): I thank the honourable member for his important question. Indeed, more than 250 people have been barred from South Australia's licensed venues (from our pubs and clubs) in the first four months of our new barring laws, implemented under the Liquor Licensing Act 1997. The police have, indeed, made good use of these tough new powers initiated by the state government from 1 March 2009.

As everyone knows, there is nothing worse than having a night out with friends or family spoilt by the idiotic, bad and offensive behaviour of some people who are obviously out of control. Feedback from employees working in pubs and clubs has indicated that they feel safer because of the quick and ready response from police in removing these patrons whose behaviour is offensive and unruly. An added flow-on effect from this is that interstate and overseas visitors are able to enjoy their night out in a pleasant and safe environment.

Three people have been indefinitely barred from South Australian pubs; six people for up to six months; and, on another 100 occasions, people have been removed for up to three months. Despite these extended barrings for second and third incidents, 138 incidents led to a ban of 72 hours and another four were banned for a single event.

By giving police the power to act promptly in relation to unsavoury behaviour, they have a better chance of cleaning up angry, aggressive and loud-mouthed behaviour. It also helps authorities to move swiftly to nip potentially serious incidents in the bud before they occur.

Offensive and disorderly behaviour has prompted 104 of the barring orders; 133 arose from the commission of an offence; six were imposed on other reasonable grounds; and another eight were on welfare grounds.

People breaching a barring order can incur a fine of $1,250, and police have the power to bar from licensed venues in a particular area or all venues of a particular type for a specified period. This can be for reasons based on criminal intelligence, the welfare of the person or their family being at serious risk, offences, or offensive or disorderly behaviour in or around licensed premises.

Police sergeants have the power to bar people for 72 hours for committing an offence of disorderly or offensive behaviour in or around licensed premises and police inspectors can bar for longer periods of up to three months on the first occasion of offensive behaviour or an offence being committed and six months for the second time. The third occasion can lead to indefinite barring.