Banned Drinkers Register Legislation

The new laws create a clear framework for when and where a Banned Drinker Area (BDA) can be designated and provide additional pathways, including new Banned Drinker Orders (BDOs), for individuals to be placed on the register for behaviour stemming from harmful levels of alcohol consumption.

Individuals subject to Prohibition Orders and Barring Notices are also placed on the Banned Drinkers Register (BDR) and prevented from buying alcohol where the BDR is in effect.

Participation by licensees of packaged liquor (takeaway alcohol) outlets in BDAs will be mandatory, and retail staff must scan the ID to check if the purchaser is on the register. If the purchaser is registered on the BDR, the sale must not proceed. Penalties for non-compliance will apply.

Anyone purchasing takeaway alcohol in a BDA  must provide an eligible photo ID every time they make a purchase. Retail staff must scan the ID to check if the purchaser is on the register.

WA Police officers have powers to issue BDOs for alcohol-related offences, including driving under the influence and family violence incidents where alcohol is a contributing factor.

A summary of the legislative changes is provided below.

Summary of legislative changes

Establishes the BDR in law

• Establishes a legal register of people prohibited from purchasing packaged liquor.
• Establishes head of power for the establishment of Banned Drinkers Areas.

New pathways onto the BDR

• Includes a new pathway with the establishment of a Banned Drinkers Order, which can be made on application to the Director of Liquor Licensing by a medical practitioner, social worker or other prescribed persons.
• BDOs can be issued by the police for any alcohol-related offence, including driving under the influence (DUI) and when police orders are issued at family violence incidents when alcohol is involved.
• Police BDOs are issued for an initial period of 3 months, if contravened police may issue further BDOs increasing the time spent on the BDR.

Combatting secondary supply

• An offence is created for the supply of packaged liquor to someone known to be on the BDR.
• The supplier can be prosecuted or infringed, if charged a BDO can be issued (limiting their ability to further supply).

Requirements on licensees

• Licensees in banned drinker areas will be required to check the purchaser's ID against the register on every sale of packaged liquor.
• It will be an offence for licensees to sell or supply to a known banned drinker.
• It will be an offence for licensees to deliver to a banned drinker inside a banned drinker area.

Implications of the BDO

• A banned drinker cannot purchase, possess or consume packaged liquor in a Banned Drinker Area.
• Police have powers to seize and dispose of alcohol found in possession of banned drinkers.
• Breaching of a BDO can result in the order being extended.

The Bill addresses the secondary supply of packaged liquor (buying takeaway alcohol for someone else) and makes it an offence to supply takeaway alcohol to someone known to be on the BDR. Penalties of up to $10,000 may apply.

Strict measures have also been introduced to secure the privacy of people on the register and prevent the unlawful disclosure of BDR-related information. The unlawful disclosures or misuse of information by any person attracts a penalty of up to $10,000.

The Department of Local Government, Sport and Cultural Industries continues to engage with key stakeholders about the BDR, providing education and support about the program and the new legislative changes.

Posters and information material are provided free of charge, and can be requested by emailing BDR@dlgsc.wa.gov.au.

A comprehensive evaluation of the enhanced BDR will be undertaken to inform its future beyond the next 2 years.