The NSW Legislative Assembly Social Policy Committee, of which I am a member, is currently inquiring into matters relating to the provision of alcohol to minors by parents and guardians in NSW.

A discussion paper has been produced as part of the inquiry process, which examines the provisions in the current Liquor Act 2007, and sets out the current law relating to persons selling and supplying alcohol to people under the age of 18 years, including in homes, parks, halls, and other public spaces.

So far the committee has heard from inquiry participants that current laws on the supply of alcohol to minors by parents and guardians are not well understood and do not provide sufficient guidance to both parents and the community.

MORE: Should parents be allowed to supply alcohol?

Current law makes it an offence to sell or supply liquor to a minor on licensed premises and on premises, other than, licensed premises. The current law does contain a defence against prosecution if a defendant can prove they were authorised by the minor’s parent or guardian to obtain alcohol for the minor.

Inquiry participants have suggested to the committee that laws in Queensland and Tasmania provide much clearer and far stricter guidance for parents and the community on the provision of alcohol to minors.  It has been suggested that NSW should adopt these provisions.

Both the Queensland and Tasmanian jurisdictions permit the supply of alcohol to a child at a private place as long as the adult is a “responsible adult” and there is “responsible supervision” of the child.  The issue becomes, if adopted in NSW, how does the law appropriately define these terms?

The Committee has heard proposals that the law should contain tougher restrictions on the supply of alcohol to a minor. The Ulladulla Community Drug Action team has argued, for instance, that it should be an offence for any person –let alone a parent or guardian - to supply alcohol to a child under any circumstance.  

Then there is the proposal to lift the legal age for alcohol supply and consumption to perhaps 21 years of age.

The committee has noted that National Health and Medical Research Council guidelines show for young people under 18, not drinking is the safest option and that children under 15 are at the greatest risk of harm from alcohol.  For those aged 15 to 17, the safest option is to delay alcohol consumption for as long as possible.

The other side of this debate can be summed up from evidence by the NSW Police Force suggesting that it is important for parents to have the opportunity to educate their children about the responsible use of alcohol.

By removing the defence against prosecution under current laws as has been proposed by some, we do risk criminalising parents and guardians.  

NSW is one of the last remaining jurisdictions in Australia that provides a penalty of imprisonment for supplying liquor to a minor.  Other states rely on fines alone.

There is also the question of enforcing the current laws or any proposals to amend the current laws.  Is it an appropriate use of police resources to stand guard outside a bottle shop? Or sit in an unmarked car outside a home where a private party is under way?  But equally, what’s the point of a law if it cannot be enforced?

The discussion paper contains a series of 11 proposed recommendations.  Although the deadline for contributions was July 15, the committee will continue to accept submissions for a short while thereafter. (Or they can be sent to my office and I’ll ensure they are passed on).

This important social issue, like so many parliamentarians are called on to increasingly address, is at a complex cross section of the law, philosophy, community values, and real life.

Two conclusions from inquiry participants stand out for me. The NSW Police Force told the committee: “You cannot delegate raising your child to someone else. This is a critical part of raising children: Teaching them about alcohol, teaching them about how to consume alcohol and teaching them how to behave when consuming alcohol.”

The NSW Parents’ Council said: “If we could have some very clear guidelines that you could find at the click of a button – not going through lots of websites – that is written in plain English…If we are able to direct parents and say, “Here is the legislation; here is the law…”

Anna Watson MP is the State Member for Shellharbour and a member of the NSW Legislative Assembly Social Policy Committee.

More information on the inquiry into the provision of alcohol to minors can be found here: http://www.parliament.nsw.gov.au/socialpolicy