Underage drinking in Australia: causes, impacts, and legal reform

Australian Laws for Alcohol Use

Australian Laws related to Alcohol Use

Underage drinking is a huge problem in Australia and more and more minors are having access to alcohol. This is having a big impact on their mental, emotional and physical growth as well as on the society at large. The existing laws do not provide stringent punishment to the offenders, especially those who are making it easy for underage drinkers to have access to alcohol and it is time the Government increases the punishment to make it more difficult for them to have access to it. The Government should also pass laws that will fill the existing loopholes and also provide a support system for young kids to turn to when they have emotional problems. A combination of these measures can go a long way in curbing underage drinking in Australia.

Underage drinking is a common problem in many parts of the world including the developed economies like Australia, United States, Canada and Europe. In fact, it is a public health problem in these countries and this is having an impact on the social and culture of the society too.

Why do minors drink?

As kids move from childhood through youth to adulthood, they undergo numerous physical, hormonal and emotional changes in their body. This is the period when they feel they are adults and have control over everything, but in reality, they are still adolescents. A lot of kids associate drinking with an adult behavior and so they want to emulate it to prove that they are also adults. This is one of the major causes of underage drinking.

Another problem is the lack of support from family and friends during this crucial period of teenage and adolescence. The United States and other countries are seeing an increasing number of single parents who raise their children alone and this can lead to immense emotional trauma for the children. One way to take out this frustration is drinking.

Yet another reason is the influence of media on children. Drinking and smoking are considered to be common social acts that all adults indulge in and so the adolescents feel that they have to cultivate that habit too in order to be accepted in the adult group. Unfortunately, they indulge in binge drinking and consume excessive levels of alcohol. For many of them, it is a part of risk-taking and they want to know what happens when someone is on a "high" after drinking alcohol. To experience it, they drink excessively and face the problems that come with it.

Economic and social impact of underage drinking

The economic and social problems of underage drinking is immense. It affects every facet of the society and reduces the number of responsible adults who can make meaningful contribution to the growth and development of the country in the future. The National Institute on alcohol abuse and alcoholism estimates that more than 5,000 people under the age of 21 die every year and out of this, about 1,900 people die from car accidents, 1,600 as a result of homicide and 300 from suicides. This is apart from the hundreds of thousands that suffer injuries resulting falls, burns and accidents. (National Institute on Alcohol Abuse and Alcoholism, 2010).

The average age for drinking has been reducing during the last few years and currently it is 14. At this age, the brain and other body parts are not even fully developed and this leads to numerous chronic health problems as these underage drinkers grow up. Binge drinking leads to liver damage and when this happens at an age where the liver is still developing, then the effects are likely to be permanent. Scientists believe that it can lead to obesity and other growth-related problems. Another part of the body that can be affected is the brain though the extent of damage and its direct correlation to drinking is still under study.

The adolescence age is when boys and girls attain puberty and excessive drinking during this crucial phase can lead to problems with proper hormonal development. The effect is still under study, but it is estimated that it can have a bearing on the ability of girls to produce ovaries and have babies. These are serious health problems that teenagers are exposed to due to the neglect of parents, irresponsible behavior of alcohol manufacturers and sellers and the society at large that turns a blind eye to the entire problem.

Existing laws related to underage drinking

In Australia, consuming alcohol is legal and there are rules that relate to its manufacture, distribution and consumption. Each state is responsible for punishing the offenders related to alcohol use. In south Australia, it is governed by the Liquor Licensing Act, 1997 and under this legislation, the administration of these laws is done by the Office of the Liquor and Gambling Commissioner. The main aim of this law is to regulate the consumption, distribution and sale of alcohol and ensure that there is minimal harm to the parties concerned.

Under this law, any person requires license to sell and distribute alcohol to others. The term selling includes offering free alcohol along with other purchases or offering alcohol to a community-based program that charges an entrance fee or selling alcohol for money to others (Drug and Alcohol Services, South Australia, 2009).

There are strict laws related to drunk driving in Australia. It is an offense to drink and drive all over the country and any person attempting to do so can be charged with two offenses -- Driving Under Influence (DUI) and exceeding the Prescribed Concentration of Alcohol (PCA) (Drug and Alcohol Services, South Australia). The police also have the right to charge any person who is believed to have higher alcohol in their blood than the established levels. These levels are 0.05% for license holders and boat operators and 0.00% for bus drivers, truck drivers, probationary and unlicensed drivers. Also, any person who has committed a driving offense or is involved in an accident or approaching the Random Breath Testing Center can be asked to test for alcohol content in the blood. If the above-limit levels are found, then they can be charged with a driving offense under the Road Traffic Act (1961). These strict laws ensure that the number of drunk driving cases are at a minimum.

The legal age for drinking in Australia is currently 18 and anyone found to be drinking under this age is liable for punishment. Also, those who supply drinks to minors are punishable too. When alcohol is supplied to a minor, then the adult supplying the alcohol is liable for a maximum penalty of $11,000 and/or 12 months imprisonment. On the other hand, if a minor tries to obtain alcohol from any party, then he or she is also subject to the same punishment as mentioned above. If a licensed institution or restaurant allows alcohol to be sold to minors, then the licensee is subject to the punishment mentioned above. (NSW Office of Liquor, Gaming and Racing, 2010). The licensee can be exonerated from any punishment if he or she can prove beyond doubt that he or she was authorized by the minor's parents or guardians to obtain alcohol and in such a case, the punishment gets passed on to the parent or guardian. The only circumstance in which a minor can be allowed to be on the premise of an establishment that is selling alcohol is when he or she is an apprentice in training as defined under the Apprenticeship and Traineeship Act of 2001. This training should not be in the selling or supplying of alcohol.

The minors can also be charged with punishment for certain actions. They are charged a sum of $2,200 for drinking alcohol on licensed premises, carrying alcohol away from licensed places, refusing to give the name and address when asked by a person of authority like a police officer and for falsifying the age for the purpose of drinking alcohol. If a minor is found to be consuming alcohol in a licensed premises without the presence of a responsible adult, then the minor can be charged with a fine of $2,200 and the licensee can be charged a maximum penalty of $5,500 for allowing the minor to consume alcohol in the premises without the presence of a responsible adult. For this purpose, a responsible adult is someone who is a parent, step-parent or guardian of the minor, the minor's spouse or de-facto partner and anyone who is standing as the parent for the minor during the given period of time. (Underage drinking laws, 2008).

The law also states that no adult should request or order a minor to obtain alcohol from licensed premises and any adult found to be doing so can be penalized an amount of $3,300 through the court or $1,100 on the spot. The responsible adult should not allow a minor to consume alcohol in licensed premises as well and anyone found violating this law will have to pay a maximum amount of $3,300 through the court or $300 in fines on the spot. To be exonerated from this punishment, the adult should prove that he or she was not the minor's responsible adult at the time of the offense.

Consumption of alcohol in public places is governed by the Summary Offences Act, 1988 and under this act, it is an offense for the minor to buy or consume alcohol in public places. This can attract on the spot fines up to a maximum of $20. This is negligible and many minors would prefer to pay $20 and drink in public places rather than abstain from them. Also, there are no rules related to consuming alcohol in private places including residences and other private properties of individuals. This leads to many binge drinking house parties with or without the knowledge of parents where teenagers can have unlimited amounts of alcohol. It is time the Government looks into this issue and passes laws that will curb drinking in private properties as well.

There are laws related to selling alcohol through the Internet as well. Any person who is selling alcohol through the Internet should clearly display his or her individual or company's license number. Also, for orders done through the Internet, the delivery should be given only to an adult or to any other adult who has been authorized by the buyer. Any person who is buying alcohol through the Internet is required to furnish his or her age and the licensee has the right to store this information for future purchases. Any licensee violating these laws can be liable to get a punishment of $11,00 and/or 12 months imprisonment. Any person who is delivering alcohol to minors as part of an order is liable to get an on the spot fine of $1,100.

Despite these heavy penalties, more and more minors have access to alcohol. This clearly means that either the laws are insufficient or they are not implemented well. The laws do not create a sense of panic or fear among minors that alcohol consumption can lead to severe punishment and this is partly why they continue to indulge in it. Also, there are numerous loopholes in the laws and this gives them the opportunity to continue drinking without attracting any kind of punishment. Therefore, the Government should consider passing stricter laws, implementing them more forcefully and above everything increase the punishment so that it makes it harder for minors to have access to these dangerous substances.

Recommendations to curb this problem

The existing laws related to underage drinking have been a clear failure. "For too long, the Liquor and Gambling Commissioner has been a toothless tiger in stamping out the irresponsible service of alcohol which contributes to a scourge of violence and anti-social behaviour on our streets. SA Police should take a bow for raising their concerns on the issue since it was revealed in The Advertiser in 2008 that in the previous six years, only one worker had been fined for serving someone who was drunk." (The Advertiser, p 20).

Therefore, more stringent laws have to be passed to address some of the issues that have hereto been neglected. One of them is the lack of laws to punish underage drinking on private property. The laws of NSW that punish offenders who drink at private residences and parties with or without the consent of their parents should be extended to other parts of the country as well.

Other measures can be to increase the price of all alcohol products so that it makes it more difficult for adolescents to have access to have it. The Government can also consider increasing the legal age of drinking to 21 so that more people can come under the radar for underage drinking. Also, the government should look at increasing the punishment for people who supply alcohol to minors including parents, guardians, license holders of establishments that can legally sell alcohol and any other adult indulging in this act. More stringent punishment by way of more fines and jail times can instill a sense of fear and make adults more conscious towards the problem.

Besides these laws, the Government should also look at creating more support centers that will tackle the problem heads-on. Intervention through school-based or family-based programs can identify the basic problems that lead to alcohol use and they can use a combination of tactics to protect these young kids from becoming alcoholics. Creating awareness about the problem among all sections of the society and providing support to emotionally broken families and individuals can go a long way in curbing this problem. Also, frequent education programs about the harmful effects of underage drinking can help adolescents as well as the suppliers of alcohol to minors to be aware of the dangers that come with it and this can deter then from its usage.

In short, there is no single approach to the problem. A combination of measures like stringent laws with stricter punishment and education programs can help to reduce this problem in the long-run. Above everything, awareness is the key and it is the responsibility of the government as well as the members of the society to protect young people from alcohol consumption and help them to grow into mature and responsible adults.