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Review of Liquor Permit Schemes Under the NT Liquor Act: Final Report

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Review of Liquor Permit Schemes Under the NT Liquor Act: Final Report Review of Liquor Permit schemes under the NT Liquor Act: Final Report Peter dAbbs1 Ian Crundall2 A report prepared for the Northern Territory Department of Health. December 2016 1 Menzies School of Health Research, Darwin 2 Strategic Dimensions, Brisbane. 1 In the spirit of respect, Menzies School of Health Research acknowledges the people and elders of the Aboriginal and Torres Strait Islander Nations who are the Traditional Owners of the land and seas of Australia. For the purposes of this document, ‘Indigenous’ refers to Australia’s Aboriginal and Torres Strait Islander peoples. ISBN: 978-1-922104-41-0 (online) © Peter d’Abbs & Ian Crundall The material contained in this document is the subject of copyright and/or privileged information. 2 Contents 1 Acknowledgements ................................................................................................................. 5 2 Executive summary ................................................................................................................. 6 2.1 Background ..................................................................................................................................... 6 2.2 Findings ............................................................................................................................................ 7 2.2.1 Exemption schemes ............................................................................................................................... 7 2.2.2 Permit-based alcohol management systems ............................................................................... 9 2.3 Recommendations ..................................................................................................................... 11 2.3.1 Additional recommendations for communities with permit-based alcohol management schemes ........................................................................................................................................ 16 3 Introduction ............................................................................................................................ 17 4 Research design, data collection & analysis ................................................................ 20 4.1 Literature review ....................................................................................................................... 20 4.2 Data collection ............................................................................................................................ 20 4.3 Data analysis and writing ....................................................................................................... 22 4.4 Ethics approval ........................................................................................................................... 23 5 Origins and evolution of liquor permit schemes in the NT .................................... 24 5.1 General Restricted Areas and Public Restricted Areas ................................................ 31 5.2 Liquor permits and ‘the Intervention’ ................................................................................ 32 5.3 Liquor permits and electronic ID: the Groote Eylandt and Gove Peninsula schemes ....................................................................................................................................................... 33 5.4 The current situation: context of this review .................................................................. 33 6 Liquor permit schemes in NT Aboriginal communities today .............................. 36 7 ‘Exemption’ type liquor permit schemes in practice: issues, problems and benefits .............................................................................................................................................. 41 7.1 Operational issues associated with ‘exemption’ permit schemes ........................... 41 7.1.1 Applying for and issuing liquor permits ..................................................................................... 42 7.1.2 Monitoring compliance with permit conditions and revoking or suspending permits 47 7.1.3 Setting limits on liquor permits ...................................................................................................... 48 7.2 Problems ....................................................................................................................................... 49 7.2.1 Problems of community involvement in liquor permit schemes ..................................... 50 7.2.2 Perceived ‘double standards’ ........................................................................................................... 56 7.2.3 Compliance and enforcement problems ..................................................................................... 57 7.2.4 Cultural issues: the problem of ‘humbugging’ .......................................................................... 60 7.2.5 Other problems ...................................................................................................................................... 61 7.3 Perceived benefits of exemption-type liquor permit schemes ................................. 62 7.4 Operational issues, problems and benefits in exemption type liquor permit schemes: a summary ............................................................................................................................... 63 7.4.1 Operational issues ................................................................................................................................ 63 3 7.4.2 Problems .................................................................................................................................................. 64 7.4.3 Benefits ..................................................................................................................................................... 66 8 Permit-based community alcohol management schemes: operational issues, problems and benefits ................................................................................................................. 67 8.1 Evolution of Maningrida’s liquor permit scheme ........................................................... 67 8.2 Liquor Permits on the Tiwi Islands ..................................................................................... 73 8.3 The Groote Eylandt Alcohol Management System: origins ......................................... 78 8.4 Origins and early development of Gove Peninsula, NT, Alcohol Management System .......................................................................................................................................................... 82 8.5 The Groote Eylandt and Gove Peninsula permit systems today ............................... 86 8.5.1 Operating principles and structures ............................................................................................. 89 8.5.2 Groote Eylandt and Gove Peninsula liquor permit schemes in practice........................ 98 8.5.3 Operational issues associated with the Groote Eylandt and Gove Peninsula liquor permit systems ................................................................................................................................................... 104 8.5.4 Recommendations ............................................................................................................................. 109 8.6 Summary .....................................................................................................................................109 9 Recommendations ............................................................................................................. 115 9.1 Objectives of recommendations .........................................................................................115 9.2 Recommendations ...................................................................................................................116 9.2.1 Additional recommendations for communities with permit-based alcohol management schemes ..................................................................................................................................... 119 10 References ............................................................................................................................ 121 11 Appendix 1: Liquor permit provisions in NT Liquor Act 2015 .......................... 123 Division 2 Permits ........................................................................................................................................ 123 12 Appendix 2: Liquor Permit application forms ......................................................... 126 12.1 Application for all areas except East Arnhem, Maningrida and Groote Eylandt 126 12.2 Application for East Arnhem General Restricted Area ...............................................129 12.3 Application for liquor permit in Groote Eylandt General Restricted Area .........130 12.4 Liquor permit application for Maningrida General Restricted Area ....................131 4 1 Acknowledgements This report owes much to individuals whose names do not appear in it, notably the many people who gave us time and thoughts for interviews. As part of the ethical conditions governing the project, they must remain anonymous. In addition, a number of people were particularly helpful in enabling us to conduct the project; they helped to make the wheels go around. We would like to thank, from what was then the NT Department
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