Information for medical practitioners and social workers

Medical practitioners and social workers may apply to the Director of Liquor Licensing for a Banned Drinker Order (BDO) to be made for their patient or client, placing them on the Banned Drinkers Register.

To apply as a medical practitioner, you must be registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession.

To apply as a social worker, you need to be a member, or eligible for membership, of the Australian Association of Social Workers Limited.

The BDO application must demonstrate that the person is misusing or has misused liquor, and that their misuse of liquor is a serious risk to the health, safety or wellbeing of the person, or another person.

Simply stating that a person is a serious risk to themselves or another person due to their liquor intake is not sufficient information to allow for proper assessment of the application 

Lodging a BDO application

The Director of Liquor Licensing will consider making a BDO if satisfied that the: 

• applicant is an eligible medical practitioner or social worker
• approved form is used for the application
• identity of the proposed banned drinker (PBD) is confirmed
• person is misusing or has misused liquor
• person’s misuse of liquor is a serious risk to the health, safety or wellbeing of themselves or another person
• BDO is in the public interest

Disclosure of patient/client information to support your application is permitted with specific protections given to applicants under section 152ZE of the Liquor Control Act 1988 (the Act). Your application may include notes, hospital attendance records, test results, photographs and any other information to support the application (these suggestions are not exhaustive).

Applications must be sent to BDR@dlgsc.wa.gov.au 

The Director of Liquor Licensing has the discretion to determine the period of an order for 3, 6 or 12 months.. 

Further information on how to complete an application form can be found below. 

After submitting an application

An email to acknowledge receipt of the application will be sent to you as the applicant.

During the review of the application the Director may request further information from you.

The application form and all supporting documents will be provided to the proposed banned drinker, giving them an opportunity to respond to the application. Responses received from the proposed banned drinker will be taken into consideration with the application.

The Director of Liquor Licensing will:

1. make a determination based on the facts before them, including all documentation provided by you and the proposed banned drinker
2.  inform you as the applicant of the outcome via email
3. Inform the proposed banned drinker of the outcome by registered post.     

Appeals

If a party to the proceeding is not satisfied with the Director of Liquor Licensing's decision, an application for a review can be made to the Liquor Commission of WA or to the Supreme Court on a question of law. Fees may apply.

Written reasons for the decision can be provided on request within 28 days after receiving the copy of the order, or a longer period if approved by the Director of Liquor Licensing.

Disclaimer

This guide is designed to provide information in regard to the BDO application form, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice.

Contact

You can contact us about the BDR by post, email or telephone:

Banned Drinkers Register
Department of Local Government, Sport and Cultural Industries
PO Box 8349 Perth Business Centre WA 6849

Email BDR@dlgsc.wa.gov.au
Telephone (weekdays) 61 8 6551 4859