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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-11-10 Daily Xml
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LIQUOR LICENSING

The Hon. S.G. WADE (14:34): I seek leave to make a brief explanation before asking the Minister for Disabilities a question relating to liquor licensing laws.

Leave granted.

The Hon. S.G. WADE: Today's Advertiser highlights the problem of people with disability being evicted from gaming venues because they appear drunk. The Adelaide Casino is quoted as saying that it wants liquor licensing laws changed to ensure that people with a disability such as cerebral palsy are not being mistakenly removed for drunkenness. This is an issue that was discussed in this council, having been raised by the Hon. Ann Bressington in October 2009 in consideration of the Liquor Licensing (Producers, Responsible Service and Other Matters) Amendment Bill.

The government assured this council that the law would not adversely affect people with disability and, to this end, minister Gago committed to: (1) a code of practice; (2) training requirements for industry staff; and (3) a new fact sheet. I am advised that now, two years later, none of these resources are available. My questions to the minister are:

1. As the Minister for Disabilities does he support a change to the Liquor Licensing Act given that it is now more than two years since these laws were passed by this parliament?

2. When will the resources to protect people with disability be put in place?

3. In the meantime, what will the minister do to ameliorate the impacts on people with disability?

The Hon. I.K. HUNTER (Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (14:36): I thank the honourable member for his questions. The honourable member made some assertions which I, myself, am not sure about. I will have to check the validity of those comments before I respond to them in any detail.

The Advertiser article dated 10 November reports that the Casino wants the law on ejection changed to cover patrons who are intoxicated, rather than appearing to be intoxicated. The provision in question is not in the Casino Act. Rather, it is contained in the code of practice made by the Independent Gambling Authority under that act, and the IGA is of course not subject to ministerial direction.

I am informed that the IGA is currently reviewing the codes of practice. The Adelaide Casino has made a submission to the IGA recommending that clause 6(1)(a) be amended to replace 'to prevent a person who appears to be intoxicated' with 'to prevent an intoxicated person'. As I said, the IGA is not subject to ministerial direction in these matters. It is anticipated that the IGA will consider the submissions from the Adelaide Casino and other stakeholders on their merits.

I also briefly add that changing the law to reject only patrons who are actually intoxicated and not only appearing to be intoxicated is a positive step, but I understand there will be some issues to be addressed in just how you would frame such legislation. I would, of course, personally support any changes that would prevent discrimination against people with disabilities, and I will await the outcome of the IGA's consultations.

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