Types of exclusion orders
Exclusion orders can be issued to exclude someone from all precincts for up to 6 months, with the possibility of extended exclusion order of up to 5 years, if while in a public place in a Protected Entertainment Precinct:
- they behave in an unlawful, antisocial, disorderly, offensive, indecent or threatening way in a precinct
- the person being in the precinct could cause violence or public disorder or impact the safety of others.
Short-term exclusion orders can be issued by officers of the WA Police with the approval of a senior officer (with the rank of Inspector or above). Extended exclusion orders can be issued by the Director of Liquor Licensing on application by the Commissioner
of Police.
People who are convicted of violent or sexual offences, including drink-spiking, in public places within Protected Entertainment Precincts will be subject to a mandatory 5-year exclusion. The penalty for breaching short-term or extended exclusion order
is up to two years imprisonment and a fine of $12,000.
The penalty for breaching a mandatory exclusion period is up to 5 years imprisonment and a $12,000 fine.
Behaviour or offending that takes place in private residence will not be subject to the new provisions.
How to find out if you have an exclusion order
Exclusion orders must be served on the recipient by WA Police or the Director of Liquor Licensing. Exclusion orders may be served electronically or by post (depending on the person’s preference). If you are unsure if you have been issued with an
exclusion order, please contact the Department of Local Government, Sport and Cultural Industries on:
Privacy
Details of short-term exclusion orders will only be published on a secure webpage. Access to the secure webpage is limited to licensees of licensed premises and they should only be further disclosing the information to staff to assist them in complying
with their obligations under the Act. Any other unauthorised disclosure of information or a photograph obtained from a secure webpage is an offence. These provisions are in place to protect the privacy of people who are subject to barring notices
and short-term exclusion orders.
In relation to extended exclusion orders, the Director of Liquor Licensing may publish limited personal particulars on the DLGSC website, and this is consistent with the current arrangements for prohibition orders. Limited personal particulars include
the person’s name, suburb and photograph. This level of detail is required to ensure that the individual can be appropriately identified as the individual subject to the exclusion order.
Defences
If you have been given an exclusion order or are under mandatory exclusion you may still be able to enter a Protected Entertainment Precinct for work, residential, study, health, and other approved purposes.
Section 152NZK(3) of the Liquor Control Act 1988 provides defences for someone to enter or remain in a Protected Entertainment Precinct. In this regard, a person must be able to prove they were:
- at their ordinary place of residence
- at another person’s place of residence if they are the sole carer of the other person and were there solely to provide care to them and it was necessary in the circumstances for the person to access the service in the precinct
- engaging in a lawful occupation, trade or profession
- attending an educational institution to take part in secondary education, a higher education course or an approved VET course and it was necessary in the circumstances for the person to access the education or course in the precinct
- receiving a health or social welfare service and it was necessary in the circumstances for the person to access the service in the precinct
- obtaining a health or social welfare service for another person if they are the sole carer of the other person, and it was necessary in the circumstances for the person to access the service in the precinct
- receiving legal advice and it was necessary in the circumstances for the person to receive the advice in the precinct
- in custody
- complying with a written law, an order made by a court or tribunal, or any other order, direction or requirement made under a written law
- appearing before a court or tribunal
- attending a religious service and it was necessary in the circumstances for the person to attend a service of that kind in the precinct
- a member of an organisation of employees registered under the Industrial Relations Act 1979 or the Fair Work (Registered Organisations) Act 2009 (Cth) and were undertaking activities for the purposes of the business of the organisation and it was
necessary in the circumstances for the person to undertake the activities in the precinct
- an Aboriginal person or a Torres Strait Islander and were fulfilling a cultural practice or obligation of the customary laws or traditions of the person’s community and it was necessary in the circumstances for the person to fulfil the practice
or obligation in the precinct
- undertaking permitted travel.
Appeals
Short-term Exclusion Orders
A person who has been issued with a short-term exclusion order can seek a variation or revocation of the order by the Commissioner of Police.
In addition, short term exclusion orders that are in effect for more than one month can be appealed to the Liquor Commission.
Extended Exclusion Orders
A person who has been issued with an extended exclusion order can seek a variation or revocation of the order by the Director of Liquor Licensing. In addition, they can apply to the Liquor Commission for a review.
There is no avenue to appeal a person’s status as an excluded offender — this status applies as a matter of law once someone is convicted of a prescribed offence. Only if someone’s conviction is overturned or quashed would the person
no longer be considered an excluded offender.