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Control of alcohol-related violence – new law

Date created: 12 February 2008

24-hour bans

Applies from 19 December 2007

Police now have power to ban ‘troublemakers’ from some places where alcohol-related violence has happened before.

People can be banned for up to 24 hours if police suspect they have committed an offence. Offences that may cause someone to be banned include:

  • violent or disorderly behaviour
  • sexual offences
  • destruction of property
  • carrying a prohibited weapon near a licensed place.  

Before someone is banned, police must consider the person’s apparent state of health and also if they:

  • are likely to continue offending or will re-offend
  • should be arrested or held in custody for the offence
  • understand what the ban means.

Areas where bans can be made

People can only be banned from areas that have been identified as a trouble spot or ‘designated area’. These areas will be published in the Victoria Government Gazette.

Some of Melbourne’s central business district and the area around Chapel street in South Yarra/Prahran have been designated as trouble spots. See the Department of Justice website for a map of these reas (link below).

An area can only be designated if alcohol-related violence has occurred there before and violence is likely to be reduced in the area if troublemakers can be banned. 

Bans can’t be imposed on residents within the area.

Exclusion orders

If someone is found guilty of committing one of the listed offences within a designated area, courts can order the person to stay away from that area for up to 12 months.

Name and contact information

Police and the person who is to be banned must exchange their name and contact details on request.  

Penalties

Disobeying an exclusion order – 60 penalty units (pu).

Ignoring a banning notice – 20 pu.

Venue operators or employees letting someone enter knowing that they have been banned – 60 pu.
(Exceptions apply. Police can give information to licensees that will help them to identify people who have been banned, or excluded.)

Penalty for failing to exchange contact details – 5 pu.

More information

Related publications

Your rights: police powers in Victoria

Related pages

Dealing with the police

Related legislation

Liquor Control Reform Act 1998 (Vic.)

Related websites

Download a fact sheet about changes to the Liquor Control Reform Act (PDF, 96KB) from Consumer Affairs Victoria.

For a summary of the new laws and a map of designated areas, see the Department of Justice website.

Read the Office of the Premier's media release announcing new laws (August 2007).