ORCID Profile
0000-0003-2905-2173
Current Organisation
Deakin University
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Publisher: Springer Science and Business Media LLC
Date: 12-02-2018
Publisher: Informa UK Limited
Date: 22-09-2023
Publisher: Informa UK Limited
Date: 02-09-2021
Publisher: Emerald
Date: 19-09-2016
DOI: 10.1108/JCRPP-08-2015-0040
Abstract: Alcohol-related disorder in Australia’s night-time economy has precipitated an expanding regulatory and legislative framework. A key feature is the growth of police-imposed discretionary justice, one ex le of which are Victoria’s banning provisions. Banning notices are imposed on-the-spot, may be issued pre-emptively, but permit no right of independent appeal. However, there has been little analysis of the enactment, implementation or use of police-imposed banning provisions. The paper aims to discuss these issues. This paper draws upon a detailed examination of the record of parliamentary debate of the banning notice legislation to document how the provisions, and their embedded procedural vulnerabilities, were legitimised. In addition, an analysis of Victoria Police data informs consideration of the ongoing scrutiny of the police power to ban. The absolute discretion afforded to police officers, and a lack of effective oversight, has created the potential for the disproportionate and discriminatory implementation of Victoria’s banning notice powers. The findings highlight procedural vulnerabilities within the provisions, and concern regarding the particular risk of banning notices for vulnerable recipients. The nature of Victoria’s banning provisions created the circumstances for their inequitable imposition, but public scrutiny of their use and effect is limited. Omissions and deficiencies in the published data restricts meaningful analysis of how banning works in practice. The research underpinning this paper was the first detailed examination of the implementation and ongoing scrutiny of Victoria’s banning notice provisions. The findings presented in this paper highlight key procedural vulnerabilities resulting from the passage of the legislation and the absence of effective oversight.
Publisher: Springer Science and Business Media LLC
Date: 10-10-2022
DOI: 10.1007/S10610-022-09531-9
Abstract: In iduals who engage in problematic behaviours within Australian night-time entertainment precincts can be banned from entering certain locations. Bans are expected to deter recipients and the wider community from further inappropriate behaviours. The collective effect is intended to reduce crime and increase safety within entertainment precincts. This study examined public awareness and understanding of two patron banning mechanisms (police barring notices and prohibition orders) used across Western Australia (WA). An anonymous survey was completed by 1018 respondents, and interviews were conducted with 54 stakeholders. Survey participants had limited awareness of patron banning: 75% had not heard of police barring notices 87% had not heard of prohibition orders. Knowledge was higher for in iduals directly associated with a ban recipient. Stakeholders also perceived a low level of community awareness and understanding of patron banning. Patron banning may have some merit as a specific deterrent for recipients but, in WA, the lack of public knowledge means that the banning provisions may currently have limited effect as a general deterrent. Public awareness should be increased in order to optimise the direct and consequential effects of patron banning policy.
Publisher: Emerald
Date: 19-01-2023
DOI: 10.1108/PIJPSM-07-2022-0104
Abstract: Patron banning is widely used in response to disorderly behaviours in/around licensed venues, but there has been limited analysis of specific policies. This paper explores key findings in relation to police-imposed barring notices in Western Australia (WA). WA Police provided de-identified data for 4,023 barring notices imposed between 2011 and 2020 and offender records for each recipient, to 30 June 2020. The data were analysed to identify patterns and trends in relation to ban length, recipient type and associated offending. Mean ban lengths increased across the period (from 4.46 months in 2015 to 6.82 months in 2019). Longer initial bans (of 6–12 months) were associated with a lower likelihood of a subsequent ban – with each additional month associated with an 11.4% increase in the likelihood of not receiving a second ban. Across the dataset, some notable anomalies were identified for in iduals categorised as prolific offenders. Research examining the effects of patron banning is limited but, to date, has generally not supported presumptions of improved patron behaviour. WA adopts an in idualised approach to barring notice lengths, following review of the incident and offender. The findings suggest that, while barring policy is appropriate, a number of operational refinements can help WA Police to optimise their behavioural effect/s.
Publisher: Informa UK Limited
Date: 07-2014
Publisher: Queensland University of Technology
Date: 08-02-2020
DOI: 10.5204/IJCJSD.1562
Abstract: As a response to alcohol-related disorderly behaviours, the use of exclusion has expanded steadily across Australian jurisdictions but with minimal analysis of its effects. Bans, from public or private locations, are typically imposed summarily and presumed to be a meaningful deterrent to future problematic behaviours. The formalisation of licensee banning powers has created a civilianised police-enforceable power to punish by exclusion. In Victoria, the legislative framing of licensee barring order provisions precludes formal monitoring of their use. This article reports findings from interviews conducted with recipients. The conceptual and situational value of barring orders are acknowledged, but their capacity to act as a tangible deterrent or effective agent for behaviour change is far from conclusive. Barring orders constitute a civilianised summary power, which currently operates without scrutiny or accountability. Implications for the operational legitimacy of barring powers emerge from this study, in addition to broader considerations with respect to compliance, enforcement, oversight, and the importance of developing and examining alcohol policies through a gendered lens.
Publisher: Queensland University of Technology
Date: 20-06-2023
DOI: 10.5204/IJCJSD.2674
Abstract: This study explored stakeholder experiences and attitudes regarding the use of ID scanners in licensed venues in Queensland, Australia. In July 2017, the Queensland Government introduced mandatory, networked ID scanners in licensed venues within designated nightlife districts (SNPs). After 10pm, people seeking to enter late-night licensed venues must provide identification, which is verified by the scanner. The scanner also checks whether the patron has any recorded banning notice/s that may preclude entry into the venue. Semi-structured interviews were conducted with 66 key stakeholders and analysed using thematic analysis. Stakeholders reported that ID scanners support the enforcement of patron bans. Their mandated use within SNPs allows for accurate and timely identification of patrons, and may offer benefits with respect to reducing and solving crime, and improving patron behaviours. Some concerns were expressed regarding data privacy and the need to ensure procedural fairness and consistent use. Overall, the study highlighted the importance of ongoing monitoring and refining of ID scanner policy, particularly with respect to where and when scanners are used.
Publisher: Wiley
Date: 27-10-2023
DOI: 10.1111/DAR.13564
Abstract: The objective of this study was to explore key informant attitudes towards the ‘Last Drinks at 3am’ legislation in Safe Night Precincts in Queensland, Australia. Sixty‐six interviews were conducted with a range of stakeholders including licensees, law enforcement and frontline health professionals. Interviews were semi‐structured and analysed using thematic analysis. Key informants responded to questions regarding their experiences of, and opinions about, the last drinks legislation. Key informants reported a range of experiences around the impact of last drinks restrictions, including reduced staffing costs and patron‐related problems within licensed venues. While some venues reported that their businesses lost money, others reported no change in income or that they changed their business model to compensate. Law enforcement and health professionals reported a range of benefits including reduced alcohol‐related anti‐social behaviour, drunkenness and injury. The majority of key informants reported that the last drinks legislation reduced harm, while having minimal detrimental impact on business.
Publisher: Informa UK Limited
Date: 09-01-2020
Publisher: SAGE Publications
Date: 25-07-2017
Abstract: This article uses the ex le of Victoria’s alcohol-related banning notice provisions to explore the changing conception of balance within criminal justice processes. Despite the formalisation of in idual rights within measures such as Victoria’s Charter of Human Rights and Responsibilities Act 2006, the discretionary power of the police to issue on-the-spot punishments in response to actual or potential criminal behaviour has increased steadily. A key driver, evident across the parliamentary debates of the banning legislation, is a presumed need to protect the broader community of potential victims. As a result, the in idual rights of those accused (but not necessarily convicted) of undesirable behaviours are increasingly subordinated to the pre-emptive protection of the law-abiding majority. This shift embodies a largely unsubstantiated notion of collective pre-victimisation. Significantly, despite the expectations of Victoria’s Charter, measures such as banning notices have been enacted with insufficient evidence of the underlying collective risk, of their likely effectiveness and without meaningful ongoing scrutiny. The motto of Victoria Police – Uphold the Right – appears to belie a growing uncertainty over whose rights should be upheld and how.
Publisher: Springer Science and Business Media LLC
Date: 19-04-2022
DOI: 10.1007/S13178-022-00718-7
Abstract: Sexual violence is often positioned as a heterosexual experience, perpetrated by men against women. Research from the USA has revealed university sexual violence policies are typically heteronormatively framed and ignore the sexual victimisation of men and sexuality and gender erse people (DeLong et al. in Journal of Interpersonal Violence 33:3315–3343, 2018 Enke in Journal of College Student Development 59:479–485, 2016 Worthen & Wallace in Family Relations 66:180–196, 2017). In Australia, there has been little examination of university sexual violence policies in terms of inclusivity and language used in relation to gender, sexuality or the framing of sexual violence. Positioned within a feminist perspective, which seeks to promote equitable consideration of all sexual and gender identities, the current study starts to fill this gap. A summative content analysis of 17 sexual violence policies, collected in December 2020 from ten Australian universities, identified and explored the extent of assumptive concepts in language related to gender, sexuality and inclusivity. This preliminary study found that sexual violence policies within Australian universities typically reject traditional gendered narratives of sexual violence and use gender-neutral language that is inclusive of all genders and sexualities. This finding provides the foundation for further research which expands the s le and examines the actual experiences of sexuality and gender erse victim-survivors when navigating university sexual violence policies. University policymakers may draw from this s le of policies when developing or revising their sexual violence policies.
Publisher: SAGE Publications
Date: 20-07-2020
Abstract: Jurisdictions across Australia have implemented a range of policies to tackle problems associated with alcohol consumption in and around licensed premises. One key measure, patron banning, has proliferated in various forms. Banning applies spatial restrictions and locational prohibitions upon recipients. It is typically predicated upon a presumed deterrent effect for both recipients and the wider community to reduce alcohol-related disorderly behaviors and to improve public safety. This article documents a mapping review of patron banning mechanisms across Australian jurisdictions, using an analysis of legislation, operational practices, policy documentation and reviews, published data, and research literature. The mapping review then frames an analysis of banning policy. Key conceptual and operational issues are discussed with respect to deterrence and community protection displacement, diffusion, and isolation of effects enforcement due process and legitimacy and the steady civilianization of punishment. Given the wide range and reach of banning mechanisms, there is an urgent need for specific empirical examination of the use and effect of spatial exclusion and prohibition across Australia’s nighttime economy to inform policy development and refinement, to strengthen the assurance of due process, and to optimize the potential beneficial effects of patron banning.
Publisher: Wiley
Date: 09-08-2019
DOI: 10.1111/DAR.12968
Abstract: Jurisdictions across Australia have implemented policies to tackle problems associated with alcohol consumption in and around licensed premises. Patron banning is one measure which has become increasingly popular. Discretionary police-imposed bans can exclude recipients from expansive public areas for extended periods of time. Concern has been expressed regarding the potential for bans to be imposed inappropriately or unfairly and their capacity to undermine due process. This article examines an aspect of police-imposed banning that has received little attention, the general absence of options for independent or judicial review of the imposition of a ban. Semi-structured interviews were conducted with Magistrates in Victoria. Key themes are examined with reference to Victoria's published police banning data, parliamentary debates and other relevant literature. The findings draw attention to issues of procedural fairness, the risk of misuse and consequential effects for police legitimacy arising from the operation of discretionary police-imposed bans. The Victorian Parliament dismissed the option of an independent post-hoc appeal process for police-imposed bans. The discretionary nature of police bans, the absence of meaningful oversight and the attendant potential for their misuse point to the need for the legislation covering police bans to be revised to introduce an independent process of review. This issue extends beyond Victoria, as six of the eight Australian jurisdictions do not permit any independent review of a police decision to impose a public area ban.
Publisher: Queensland University of Technology
Date: 18-02-2019
Abstract: Problems associated with excessive alcohol consumption have prompted a range of legislative, regulatory and operational responses. One provision empowers licensees, in Australian jurisdictions such as Victoria and South Australia, to formally exclude patrons from their venues and the surrounding public area. The imposition of a licensee-barring order requires no demonstrable offence to be committed. No proof needs to be documented and the ban takes effect immediately. Non-compliance is subject to police enforcement and possible criminal breach proceedings. The process through which a barring order may be challenged can be ambiguous and time consuming, and the punishment is typically served regardless of the review outcome. However, limited data are available to enable assessment of the way in which barring orders are used. As such, this paper examines how licensee-barring orders extend to non-judicial and non-law enforcement officers an on-the-spot and pre-emptive power to punish. Yet, with no formal training, monitoring or meaningful oversight of their use, barring orders are open to abuse and constitute a summary power to punish that is opaque to scrutiny.
Publisher: Informa UK Limited
Date: 02-12-2017
Publisher: SAGE Publications
Date: 27-09-2018
Abstract: Patron banning in Australia embodies a range of exclusionary measures in response to alcohol-related disorder. Patrons can be banned from licensed venues, entertainment precincts or wider public areas. Banning mechanisms remove and exclude troublesome in iduals and are presumed to deter them, and others, from engaging in further problematic behaviour. The use of exclusion reflects key assumptions in relation to alcohol-related disorderly behaviour and effective management of risks to which it may give rise. However, the rationale underpinning much of the banning-related legislative and operational policing developments reflects largely unsubstantiated assertions of need and effect. Despite the steady expansion of banning powers across Australian jurisdictions there is limited oversight of their use. This article examines the expansion of police-imposed banning powers. Their discretionary, on-the-spot and permissible pre-emptive imposition has potential consequences that extend beyond the management of alcohol-related issues. Yet their use and effect has been subject to little scrutiny.
Publisher: BMJ
Date: 04-2022
DOI: 10.1136/BMJOPEN-2021-058614
Abstract: The Banned Drinker Register (BDR) was reintroduced in the Northern Territory (NT) in September 2017. The BDR is a supply reduction measure and involves placing people who consume alcohol at harmful levels on a register prohibiting the purchase, possession and consumption of alcohol. The current study aims to evaluate the impacts of the reintroduction of the BDR, in the context of other major alcohol policy initiatives introduced across the NT such as Police Auxiliary Liquor Inspectors and a minimum unit price for alcohol of US$1.30 per standard drink. The Learning from Alcohol (policy) Reforms in the Northern Territory project will use a mixed-methods approach and contain four major components: epidemiological analysis of trends over time (outcomes include health, justice and social welfare data) in idual-level data linkage including those on the BDR (outcomes include health and justice data) qualitative interviews with key stakeholders in the NT (n≥50) and qualitative interviews among people who are, or were previously, on the BDR, as well as the families and communities connected to those on the BDR (n=150). The impacts of the BDR on epidemiological data will be examined using time series analysis. Linked data will use generalised mixed models to analyse the relationship between outcomes and exposures, utilising appropriate distributions. Qualitative data will be analysed using thematic analysis. Ethics approvals have been obtained from NT Department of Health and Menzies School of Health Research Human Research Ethics Committee (HREC), Central Australia HREC and Deakin University HREC. In addition to peer-reviewed publications, we will report our findings to key organisational, policy, government and community stakeholders via conferences, briefings and lay summaries.
Publisher: SAGE Publications
Date: 16-03-2021
Abstract: Across Australia, patron banning measures address alcohol-related behavioral issues in entertainment districts. This article compares the legislative framing of Victoria’s licensee barring order policy with the experiences of recipients. The rationale and operational expectations for licensee barring are examined in relation to key themes which emerged during parliamentary debates of the legislation, and contrasted with the reported experiences of recipients. The findings point to a disconnect between the expected and actual operation of licensee barring, an absence of oversight, and a tangible risk of misuse. Barring orders extend to ordinary citizens a unique police-enforceable power to punish, yet licensees currently act without scrutiny or accountability. A review of barring policy is recommended to ensure a robust process for effective monitoring, meaningful consequences for the misuse of barring powers, and deeper consideration of the attendant risks to due process and procedural justice of the civilianisation of punishment.
Publisher: Informa UK Limited
Date: 13-03-2022
Publisher: Wiley
Date: 12-03-2023
DOI: 10.1111/DAR.13633
Abstract: To explore whether receipt of either of two patron banning provisions currently used in Western Australia—in response to alcohol‐related disorderly and anti‐social behaviour—is associated with changes to subsequent offending. Western Australia Police de‐identified the offender records and associated data for 3440 in iduals who had received one or more police‐imposed barring notice/s between 2011 and 2020, and 319 in iduals who had received one or more prohibition orders between 2013 and 2020. The number of offences recorded for each recipient before and after the first notice/order were examined to understand the potential effect of both provisions upon subsequent offending. The low number of repeat barring notices (5% of the total) and prohibition orders (1% of the total) points to their general success. Analysis of offending records before and after receipt/expiry of either provision indicates that both have a generally positive effect on subsequent behaviours. For all barring notice recipients, 52% recorded no further offences and for all prohibition order recipients, 58% recorded no further offences. There was a less positive effect for the sub‐set of multiple ban recipients and prolific offenders. Barring notices and prohibition orders appear to have a generally positive effect on subsequent behaviours for the majority of recipients. More targeted interventions are recommended for repeat offenders, for whom patron banning provisions have a more limited effect.
Publisher: Mary Ann Liebert Inc
Date: 06-2020
Publisher: Wiley
Date: 26-02-2023
DOI: 10.1111/DAR.13628
Abstract: In iduals who engage in problematic behaviours within Australian night‐time entertainment precincts can be banned from entering certain locations. Bans are expected to deter recipients, and prospective recipients, from further inappropriate behaviours. The collective effect is intended to reduce crime and increase community safety within entertainment precincts. This article explores key informant perspectives regarding the enforcement of two patron banning mechanisms (police barring notices and prohibition orders) used across Western Australia. Interviews were conducted with 54 participants, including licensees, venue staff, WA Police officers, ID scanner representatives, and Registered Training Organisations. Few participants opposed patron banning in principle, but most identified limitations within the current operation of both provisions. Concerns were expressed about the effectiveness of enforcement, linked to questions about the way in which banned patron information is currently shared and the practicalities of identifying recipients of bans. Suggestions included improved data‐sharing protocols and the wider use of ID scanners. With improvements to operational processes—particularly more effective sharing of banned patron data, and consideration of networked ID scanners—there is clear potential to improve the enforcement and increase the effectiveness of police barring notices and prohibition orders. This study is part of a wider project which has examined the use and effects of patron banning in WA. Additional findings are presented in further papers.
Publisher: Mary Ann Liebert Inc
Date: 09-2016
Publisher: Informa UK Limited
Date: 24-04-2020
No related grants have been discovered for Clare Farmer.