STATEMENT

JUSTICE ROSS, PRESIDENT

MELBOURNE, 21 NOVEMBER 2018

State

Legislative provision

Effect of provision

Queensland

Liquor Act 1992 (Qld)

s.155 (4)(b)(ii)

141C (1)(b)

A minor (ie a person under the age of 18 years old, section 17 of the Law Reform Act 1995) may be on licensed premises if they are performing duties as an employee of the owner or occupier, or training for employment or work experience (no minimum age specified).

Member of staff of licensed premises who is involved in the sale or supply of liquor must have a current training course certificate, which is a certificate given to a person for satisfactorily completing an approved training course, or; a statement of attainment of a specified training unit issued within 3 years before the commencement of the Act (s 274). Applies from 30 days after the person becomes a staff member.

NSW

Liquor Act 2007 No 90 (NSW)

Section 119

Liquor Regulation 2018, Regulation 63

A licensee must not cause or allow a minor (person under age of 18 years, s 4) to serve liquor on the licensed premises except with the approval of the Authority.

A staff member of licensed premises who serves liquor must hold a recognised competency card with a current industry RSA endorsement.

Western Australia

Liquor Control Act 1988 (WA)

s.121 (10)

s.121 (11)

Liquor Control Regulations 1989, reg 14AD(3)

It is an offence to employ or engage a juvenile (person under 18 yo, s 3) in the sale, supply or serving of liquor on or from a licensed premises.

Section 121(10) does not apply if:

a) the juvenile is of or above the age of 16 years; and
b) the juvenile’s employment or engagement is approved by the Director of Liquor Licensing; and
c) the work carried out by the juvenile is supervised at all times; and
d) either —
(i) the work will be assessed for the purposes of a prescribed training course being undertaken by the juvenile; or
(ii) the juvenile has successfully completed a prescribed training course the assessment for which included an assessment of the juvenile’s work while employed or engaged to serve liquor ancillary to a meal.

A person employed or engaged in the service of liquor on or from licensed premises is required to complete successfully, within 4 weeks, a course of training or an assessment, approved by the Director of Liquor Licensing in responsible practices in the sale, supply and service of liquor.

Victoria

Liquor Control Reform Act 1998 (Vic)

Section 122

108AB and 108AC

Licensee must not permit a person under the age of 18 to supply liquor unless the person is engaged in a training program approved by the Commission, and supplying the liquor in accordance with any conditions to which the Commission has determined that the training program is subject.

Licensee must ensure every person who serves alcohol on the licensed premises has completed an RSA course within 3 years of starting, or completes within one month of starting, and a refresher course every 3 years.

South Australia

Liquor Licensing Act 1997 (SA)

Section 107

Section 42

It is an offence for a licensee to employ a minor (under the age of 18, s 4) to sell liquor on a licensed property, unless:

the minor is of or above the age of 16 years, a child of the licensee or a responsible person for the licensed premises and:
● resident on the premises; or
● the licensing authority, on application, approves the employment of the minor for that purpose.

It is a condition of every licence that the licensee must comply with the Commissioner's codes of practice (Code), which requires a licensee to ensure that all staff involved in the service or supply of liquor on the licensed premises complete nationally accredited responsible service of alcohol training within three months (Part 2, Section 7 of the Code).

Northern Territory

Liquor Act (NT)

Section 117

A licensee must not employee a child (younger than 18, s 4) to sell liquor on a licensed premises unless permitted to do so by the Attorney-General as an employee or someone undergoing employment training (which may be given generally or on application by the licensee).

The NT.Gov website states that ‘any person involved in the service of alcohol in the Northern Territory must have a responsible service of alcohol (RSA) certificate. Employees need to have an RSA certificate within one month of starting work at a licensed premise’, see https://www.nt.gov.au/industry/hospitality/serve-alcohol-responsibly, however I have not been able to locate the legislative basis for this.

ACT

Liquor Act 2010 (ACT)

118

101

It is an offence for a licensee or permit-holder to employee a child or young person (under 18 years old, s 11 and 12 Children and Young Person Act 2008) to supply liquor in an adults-only area of the licensed premises.

It is an offence for an employee of a licensee or commercial permit-holder to supply liquor on a licensed premises without holding an RSA.

Tasmania

Liquor Licensing Act 1990 (Tas)

46A

46B

(1) A licensee must not allow a person to sell or serve liquor on the licensed premises unless the person:

(a) has successfully completed an approved course (being a course of instruction or training in the service of liquor, approved by the Commissioner (s 46A(4)); or

(b) has been an employee of the licensee for, in aggregate, less than 3 months and is –

(i) undertaking an approved course; or

(ii) formally enrolled in an approved course that is scheduled to start within 3 months from the day on which the person is permitted to serve the liquor.

A licensee or permit holder must not allow a person to sell or serve liquor on the licensed premises or permit premises unless that person is at least 16 years of age or such younger age as is determined by the Commissioner in relation to that person (Liquor Licensing Regulations 2016, reg 9), and at least 18 years old if supplying liquor in a ‘prohibited area’ (reg 10).

For an example of an approved course, see https://www.accessallareastraining.com.au/courses/tasmania/alcohol-training/rsa-tas-online, an online course that takes approximately 6 hours to complete.