Sober Safe Centre Trial Starts In Queensland As Part of “Safe Night Out” Reform

Tuesday 30 September 2014 @ 11.01 a.m. | Crime

New provisions of Queensland’s Safe Night Out Legislation Amendment Act 2014 are set to commence on October 1.  The Act, which was assented in September, has already lifted a previously existing moratorium on extended trading hour approvals.  Several other substantial parts of the Act have already commenced, including amendments of the Corrective Services Act 2006 that deal with parole eligibility dates for drug trafficking offences, the introduction of a new criminal charge of “unlawful striking causing death” and amendments to drug possession legislation. 

Provisions of Act to Commence

The sections that are due to commence on October 1 include amendments to the Liquor Act 1992 and the Police Powers and Responsibilities Act 2000 and commences the provisions relating to the “Sober Safe Centre Trial”.  The police will have the power to detain intoxicated people who are behaving in a way that poses a risk of harm to themselves or others, or who commit a public nuisance offence, or who disobey move-on directions.  They will then be transferred to the Sober Safe Centre and be detained for up to eight hours, but will not be charged with an offence.

Alcohol Fuelled Violence Laws in Other States

Queensland’s legislation differs from that introduced in other states in response to alcohol and drug fuelled violence, because it does not restrict trading hours.  The Courier-Mail reported that “more than 40 venues have put in an application to extend their hours since the moratorium, first imposed by the Bligh Government in 2009, was scrapped on August 31”. 

Premier Newman told the Brisbane Times that he was confident Queensland’s policy was “better than any other state”, saying other jurisdictions “were not doing enough”:

“In contrast in Queensland, you have a comprehensive strategy which deals with education, the policing, the laws, the venues, the ID scanners - and essentially we are putting a line in the sand and saying no to this as a community.

We are going to try and do our very best to change the culture because we want to be a place where you can have a great night out. We are going to target the troublemakers, not the majority. We are going to target the troublemakers and actually send a strong message to them that their violence and anti-social behaviour is not acceptable.”

He predicted that other states would be looking to “the Queensland model” in a few years.

The Labor Party opposed the legislation while it was being considered in Parliament, putting forward instead suggestions for curfews and last drinks – similar to the lock out provisions currently in force in NSW.  The Queensland Law Society, while supporting the aim of the legislation, also raised some issues about the harsher penalties, standard non-parole periods and new offences that have been created.  In a public hearing on the Bill, president Ian Brown said:

“We are likely to see the changes impact disproportionately on vulnerable offenders, including Aboriginal and Torres Strait Islander people and those with a mental illness or intellectual impairment.  There is no need to create new offences, including ‘unlawful striking causing death’, when offences for violent and anti-social behaviour already exist…  A further troubling aspect is that an accused will not be able to rely on long established defences such as accident and provocation.

We urge the Government to consider introducing reduced trading hours as part of a range of measures, including lockouts, as an option to address community concerns…  We also encourage the government to look at implementing sensible pre-emptive measures such as ensuring greater police resourcing.  One of the most significant deterrents of offending behaviour is greater certainty of being apprehended and punished.”

However, the No Curfew campaign celebrated the new legislation, telling the Brisbane Times they were “guided by the immortal words of the Beastie Boys – ‘you must fight for your right to party’… We now call on all young Queenslanders to repay the favour by behaving responsibly when enjoying Queensland's nightlife.”

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