Law Reform Written Submission On NT Liquor Act Impact Assignment Sample

Introduction: Legal and Social Effects of Northern Territory Liquor Laws

Alcohol consumption is the biggest issue prevailing in world which places negative impact on the mental, physical and overall well-being of individual. Northern territory (NT) is the internal territory of the central northern regions of Australia which share its boundary with Queensland, South and West Australia. It is the 11^th largest subdivision in the world and has a population of around 249345 people [1]. The territory has recorded the highest amount of per person alcohol consumption within Australia. Further, as compared to other Australian adult, there is a 9% higher alcohol per person consumption which may cause of long-term illness and harm to people [2]. Due to this reason NT Liquor Act 2019 has been introduced which support in effective consumption, sales, services and promotion of liquor within the territory. However, this Act has created various disadvantages on the aboriginal people of Northern territory that leads to back lashing the Liquor Act. The current report will include the impact of such law on the aboriginal people of Northern Territory. It will also provide recommendation regarding the changes that need to initiate within the NT liquor Act. 

Main Body

Description Of Law

The Northern territory Act was established with the aim of reducing alcohol consumption within the least populated territory of the Australia. Under this, Risk based licensing model was introduced that places emphasis on securing licence for selling alcohol. Further, financial penalties were charged from individuals that are not compiling with the license requirement[3]. The Liquor Act 2019 also imposed the minimum floor prices with the aim of decreasing consumption among heavy drinkers. The price of alcohol per serving increases by minimum of $1.30 which restrict individual to buy the larger quantity [4]. Further, BDR was established particularity on aboriginal people which restrict them to purchase alcohol after the particular limit. Moreover, individuals were not allowed to drink in dry community or prohibited public place and also taxi driver were restricted to buy alcohol for others. Along with this, all the liquor stores attached with licensed venues are allowed to provide alcohol only on Sundays.

Impact Of Law

The introduction of Northern territory Liquor Act has resulted into creating various positive and negative impacts on the Aboriginal people. It has been identified that the introduction of floor minimum price policy has resulted in decreasing alcohol consumption by the low income groups and mainly indigenous people of Northern Territory.[5] This policy has emphasizes on protecting aboriginal from the most susceptible and potential harm caused due to the heavy alcohol consumption. On the other hand, the price floor policies have been wrongly implemented which negatively impacted the Indigenous group. Government assured that the increasing price of $1.30 will be put on liquor and there will be no change in the prices of beer. However, after the policy implementation there was 20% increase in the prices of beer which could only be afforded by the higher income class people [6]. It has been identified that alcohol caused huge negative impact than beer but the deliberate action of setting Liquor price below the non-premium beer result into increasing alcohol consumption which in turn impacts the overall health of indigenous people.

The major objective of Liquor Act was to promote sale and supply of alcohol in a manner which will benefit the community. In this context, government has banned alcohol consumption at public places which aids in providing adequate and safer place to the society. This helps in making parks and places safer, cleaner and reducing alcohol crisis within the territory. However, indigenous people claimed alcohol laws to be based on discrimination and biasness[7]. From the case of 2020, it has been identified that one aboriginal man from Darwin has been dragged from his bed due to offence of drinking liquor at the public place. He was sentenced to jail for 14 days and also needs to pay the penalties for not aligning with the regulation. However, the next day there was advertisement showing a white man drinking beer which was treated as the part of core social values and the unique territory lifestyle. According to Peter D’Abbs Northern territory follows a Dualistic framing while initiating policy which creates differential impact on aboriginal and non aboriginal people of Australia.

It has been identified that introduction of two scrapped policies that is alcohol mandatory treatment order (AMT) and alcohol prevention order (APO) promotes discrimination among aboriginal and non aboriginal people. According to APO, police were allowed to sentenced people to jail if they were found drunken at the public places. However, this policy was challenged in high court as 86% of total people sentenced to jail were belong to indigenous community[8]. Further, AMT policy applied three month imprisonment to individual which were caused drunk for more than three times within two consecutive months. This policy was also criticized as indigenous people generally faced the consequences of this act. Further, it has been identified that Aboriginal people in Northern Territory were involved in selling alcohol to local people that helps in enhancing their economic position. Introduction of licensing requirement has resulted in snatching away their source of income which negatively impacts the overall satisfaction.

According to view point of Donna Ah Chhe, CEO of Central Australian Aboriginal congress The Liquor Act was incapable in providing the adequate measures for compacting with Alcohol crisis [9]. Government lays emphasis over restricting alcohol but did not focus on resolving other issue such as poverty and depression which is major reason behind increasing the alcohol consumption. She stated that adequate funding should be allocated for addressing structural cause of alcohol abuse. She views this law as the political tactics rather than reforming the measures. The Liquor Act was passed after consulting with large number of communities and making changes according to their recommendations. However, Aboriginal community were not consulted and did not provide opportunity to negotiate for forming the adequate policies. This legislation has resulted into posing intrinsic threats on the leadership of aboriginals.

Recommendation

From the above analysis, it has been identified that the Northern Territory Liquor Act is effective. However, various changes should be initiated which will help in creating the positive impact on community, individual and organization. Below are the various suggestions that should be implemented by The Northern Territory government for overcoming alcohol issue within country:

• Alcohol floor price policy should be changed as it has been resulted into dividing the communities. The policy was only targeting over increasing prices of cheap cask wine which results in reducing its consumption[10]. Such type of alcohol was only consumed by Aboriginal person that denotes government inequitable treatment over communities. This policy was creating dissatisfaction among indigenous groups as it increases their financial burden which ultimately leads to creating economic crisis.
• In place of cheap cask wine, government should introduce floor price policy on all type of wine and liquor which helps in promoting the equality. This policy will ultimately result into reducing consumption of all type of alcohol leading to improving overall health condition and situation of people.
• The policy of necessitating licences requirement for selling liquor is adequate which support in reducing the illegal trading of alcohol[11]. This is an effective policy as it helps in limiting the sales of alcohol and supports in overcoming the issue of excessive alcohol consumption within the territory. Further, alcohol is associated with creating the large number of social and health problem in Australia which requires a regulation of adequate licensing for protecting the health of community.
• The policy of restricting alcohol consumption at public places are adequate which help in promoting safer places for the communities because of which it should be retained[12]. However, government need to concentrate over effective implementation of all such laws which will help in reducing scope of discrimination and biasness. Police need to take equitable action against both aboriginal and Non- aboriginal which support in promoting equality among territory. This change will support in promoting sense of equality and reduces conflicts within communities.

Conclusion

By summing up the report, it has been identified that introduction of Northern Territory Liquor Act, 2019 has resulted in creating various positive and negative impact on the life of Aboriginal people. It has been identified that this law concentrate over establishing licence requirement for the alcohol provider which help in reducing illegal offering of liquor that aids in diminishing alcohol consumption. It also includes restricting alcohol consumption at public places and establishing minimum price floor policy. However, this policy was mainly focusing on diminishing alcohol consumption by indigenous people which creates dissatisfaction within them. All the policies contains high amount of discrimination and biasness towards them which result in back lashing such policy. To overcome the issue, Government should concentrate over effective implementation of law which help in effectively attaining the goals. Further, price floor policy should be abolished as it is not able to reduce overall consumption rather aids in switching brand of alcohol.