Theme 2: Modernised legislation and structural reform

The key reform proposals being explored in Theme 2 include:

Modernising the regulatory framework

The sale, supply and consumption of liquor in Western Australia (WA) is governed by a legislative framework consisting of: 

• Liquor Control Act 1988  (the Act)
• Liquor Control Regulations 1989 (the Regulations)
• 27 sets of Liquor Control (Restricted Area) Regulations
• Liquor Commission Rules 2007 
• 53 liquor policies.

The aim is to modernise and simplify the legislative framework to meet the changing needs of industry, community, and the regulator. This includes: 

• modernising the structure and language used in the Act to make laws easier to find and understand
• moving laws from the Act to regulations, making them more adaptable
• removing redundant laws
• administrative law amendments to improve licensing
• enabling use of digital forms of identification and electronic document lodgement, to meet modern needs and align with the State Government’s digital systems
• improvements to regulations.

Structural reform of the licensing authority

Liquor licensing decisions and disciplinary matters are determined by the licensing authority — the Director of Liquor Licensing (DLL) and the Liquor Commission.

The DLL is a statutory position held by the chief executive officer of DLGSC that assists with administration of the Act. The DLL, who has powers of delegation, makes most decisions about liquor licensing applications and other matters. An important aspect of the DLL’s role is they must have the flexibility and discretion to make decisions about an application or matter, while balancing the interests of consumers, industry development and harm minimisation.

The Liquor Commission replaced the Liquor Court in 2007. It was set up to provide a less formal and technical review of some decisions made by the DLL. The Liquor Commission determines or reviews liquor complex licensing matters, including complaints, awarding of costs, and provides policy advice relating to liquor control. The Liquor Commission Rules regulate the practice and procedure of the Commission and matters that are related and subject to the regulations.

DLGSC inspectors (under delegation from the DLL) and officers from the Western Australian Police Force manage the compliance and enforcement of liquor laws across Western Australia.

This reform will consider:

• the interaction between the DLL and the Liquor Commission
• how licensing and disciplinary matters are referred for review
• the role and processes of the Liquor Commission and whether it is meeting its intended function
• alternative models to structure the licensing authority.

Contact us

Email liquorreform@dlgsc.wa.gov.au 

If you would like to be added to our distribution list, please sign up for notifications.