Tuesday, 18 March 2025

Misdirected focus: the case for institutional policy reforms to alcohol supply

                                            To weep with them that weep doth ease some deal,

                                        But sorrow flouted at is double death

Titus Andronicus, Act three, Scene one.

The House of Representatives Standing Committee on Health, Aged Care and Sport has recently released a report titled Issues paper relating to the health impacts of alcohol and other drugs in Australia (link here). The report is effectively an interim report and is designed to form the basis of a more comprehensive report assuming the next Government is prepared to renew its terms of reference. While the terms of reference span mainstream society, the report unsurprisingly addresses Indigenous issues at various points.

Like most Parliamentary reports of this nature, this Issues Paper carefully navigates its way through what is a complex and at times prickly thicket. Its value in the Indigenous policy context is to remind readers of the multitude of ways in which AOD, the report’s acronym for alcohol and other drugs, impacts indigenous people and communities. Thus, there is mention of Foetal Alcohol Syndrome (FASD), criminal justice, numerous health impacts and in passing the potential influence of poor social and environmental infrastructure in driving AOD use and abuse. It is not my intention to seek to summarise the report, but rather I intend to cherry pick a number of propositions as a stepping stone to further discussion.

The report provides an excellent introduction to the overwhelming numbers of research activities, advocacy NGOs and treatment and service providers all operating across the mainstream system.

In the Chapter on AOD services, at paras. 4.19 to 4.36, the report provides an extended discussion of Indigenous issues related to AOD use, relying in large measure on submissions from NACCHO and the Queensland based Institute for Urban Indigenous Health.  These submissions were largely premised on arguments for community-controlled service provision based on evidence that Indigenous people are over-represented in the statistics depicting the adverse impacts of AOD abuse. At para 3.58, the Committee records this plea:

The Institute for Urban Indigenous Health submitted that Aboriginal and Torres Strait Islander-led research and evaluation of AOD services must be recognised as a separate, dedicated stream of research and evaluation component of the AOD system. Such an approach would recognise that AOD has a disproportionate effect on Indigenous communities. According to the Institute, more Aboriginal Australians die due to drug and alcohol-related causes than any other disease group, including suicide and cardiovascular illnesses. Among young Aboriginal people aged 15 to 24, alcohol is the number one contributor to the burden of disease.

In a discussion of the links between AOD use and the prison population generally, the report notes (para 459):

People entering adult prison are more than four times as likely to report recent illicit drug use than people in the general community, and seven times more likely to drink to excess, according to the Legal Aid Commission of New South Wales (Legal Aid NSW). Mental health conditions also tend to be over-represented in the prison population.

Given the over-representation of Indigenous citizens in the prison system, these correlations are likely to apply to that subset too.

Chapter Five of the report deals with preventing and reducing harm caused by alcohol and other drugs. This strikes me as the crucial set of issues for policymakers. At para 5.18, the report notes a submission arguing:

 there is growing evidence to support a shifting of focus away from the law enforcement response, ‘especially with regard to communities disproportionately impacted by policing, including LGBTQ+ people, but also First Nations communities and people experiencing complex mental distress’.

The crucial issues for reducing the harm of alcohol across the community are somewhat buried within the report. At para 5.18 and following, there is a discussion of regulatory oversight policy issues including product labelling. At para 5.100, there is an important point made by the Foundation for Alcohol Research and Education regarding the extent to which the current regulatory regime in Australia is out of date and in effect unfit for purpose. At para 5.97, the report notes:

Multiple submissions, … drew the Committee’s attention to the World Health Organization’s three key strategies … in the regulation of alcohol beverages to reduce health harms from drinking: • restricting exposure to alcohol advertising • increasing excise taxes on alcohol beverages, and • restricting the physical availability of retailed alcohol.

There is discussion in the report in relation to each of these points, albeit largely anodyne and descriptive. There is no criticism of the fact that advertising of alcohol appears to be largely based on industry formulated schemes. As is the way with these reports, the views of diverse interests are laid out without detailed analysis or critique. It is largely an exercise in ‘He said / she said’…. Perhaps we are meant to be reassured by the Committee’s observation (para 5.123) that:

In their submissions to the inquiry, industry representatives highlighted that the majority of Australians were drinking responsibly and in moderation.

The Committee’s final commentary (para 5.131) is carefully framed to acknowledge the range of points raised, but it assiduously steers clear of suggesting that there may be a role for government in controlling alcohol advertising, and crucially in limiting access to alcohol or in raising taxes to reduce demand and to remove inconsistent volumetric rates for tax on alcohol. The Opposition members’ addendum goes further making very clear that the current report has no status whatsoever and is merely an issues paper. They go on to make crystal clear that commercial interests must be engaged before reaching any substantive policy positions:

In chapter two, in relation to the regulation and effects of alcohol there is a need to hear from both sides before coming to any concluded views. In chapter three there are a range of controversial observations that have been made about harm minimisation and the approaches of law enforcement—these need to be tested with evidence from state and territory police. In chapter five, a range of highly contested policy responses are raised. It will be important that the Committee receives submissions and takes evidence from a much wider range of stakeholders to test the evidence, on all matters contained in that chapter, before reaching any conclusions.

For Indigenous interests, this report provides a case study which should cause them to rethink their advocacy strategy in relation to alcohol. The advocacy voices representing Indigenous prison inmates, Indigenous victims of family violence, Indigenous families of individuals suffering acute health issues, Indigenous children growing up in alcohol induced poverty and trauma are either non-existent or severely muted. Instead, the Indigenous interests making submissions to this inquiry are service delivery organisations with a particular focus on accessing the resources necessary to ensure service delivery is effective. These are important and legitimate interests, but they are not the whole picture. The consequence is that the report is able to effectively ignore these hidden or muted perspectives in favour of a focus on service delivery. This amounts to a structural blind spot that will only be filled when Indigenous interests adopt a broader advocacy strategy. In my view, the Coalition of Peaks (which I acknowledge is fundamentally under-resourced) should make addressing these systemic issues a priority for its advocacy efforts. The absence of such a broader systemic perspective in Indigenous advocacy leaves the field open to those mainstream interest groups arguing against reform.

The clear if implicit message from the major parties is that they do not wish to upset the apple cart vis a vis the major alcohol industry interest groups. Instead of policy reforms aimed at reducing access to alcohol and other drugs, the major parties will focus on the provision of health services and other supports. The report made no attempt to address the particular issues facing remote Indigenous communities (but see para 6.4) notwithstanding that they arguably bear the brunt of lax regulation and encompass the most vulnerable subset of the Indigenous population. The submissions to the Committee by NACCHO and the Institute for Urban Indigenous Health (available on the Committee website link here) were premised on making the case for community-controlled service delivery and largely ignored the importance of institutional reforms to reduce easy and cheap access to alcohol, and the issues associated issues around incarceration and domestic violence. The NIAA submission ( #140 at this link but not available on its website) focusses on its financial support for AOD treatment:

Through the IAS, the NIAA provides approximately $70 million annually to deliver around 90 AOD activities across Australia. IAS AOD funding is supplementary to Health and state government funding and prioritises treatment that is culturally safe and tailored to First Nations clients. These services offer evidence based, and trauma informed models of care for First Nations people and their families. This includes individual and group based therapeutic care, client-based family support, case management, referrals, and AOD prevention and education activities.

In relation to regulation, the NIAA states:

There are various regulations, laws and restrictions that aim to reduce alcohol related harms in jurisdictions around the country. While some laws, such as the legal drinking age, are in place across Australia, the majority of alcohol regulation is the responsibility of the states and territories. The weight of evidence suggests measures to reduce the availability of alcohol through strengthened controls on price and promotion can contribute to reducing harm and improving public safety.

The submission’s conclusion states:

While substance use impacts all Australians, it disproportionately affects First Nations people. The NIAA emphasises the importance of working in partnership and taking a strengths-based, trauma informed, culturally safe and holistic approach to addressing harmful AOD use. It is critical that First Nations voices are elevated throughout the Inquiry, and that the Committee’s recommendations are informed by the unique histories, cultures and experiences of First Nations people.

The subliminal message from the NIAA then is don’t look to the Commonwealth to drive institutional policy reform, its someone else’s responsibility. See this page on their website too (link here). For what it’s worth, I just don’t buy that argument.

The appendix to the NIAA submission ( #140 at this link) which I strongly recommend readers seek out and read very usefully provides a comprehensive and powerful snapshot of the impacts of alcohol on various sectors. Here are a few data points I have cherry picked from the NIAA submission appendix:

… First Nations people were 4.2 times as likely to die from alcohol-related causes as non-Indigenous Australians. They were also 3.8 times as likely to die from alcoholic liver disease, and 4.7 times as likely to die from mental and behavioural disorders due to alcohol use….

AOD are involved in more than half of all police-reported family and domestic violence incidents in Australia, and are likely to be involved in a substantially greater proportion of all family and domestic violence…. For homicides in the period from 1989–90 to 2016–17, 72% of First Nations offenders were under the influence of alcohol at the time of the incident, as were 71% of First Nations victims…

If those data points don’t make the case that a national crisis exists and is ongoing for Indigenous communities in relation to the use of alcohol, then what will?

For those still unpersuaded or just interested in exploring the issues further, the following posts deal with various aspects of alcohol policy in remote Australia (link here, link here, and link here). The consistent theme of these posts has been to point out the excessive influence of the alcohol industry in shaping remote alcohol policy, to encourage the Commonwealth to engage proactively in driving reforms including in relation to the accessibility of alcohol.

Conclusion

If Australia was serious about reducing Indigenous incarceration, we would implement significant policy reforms in relation to alcohol advertising, taxation and retail availability.

If Australia was serious about reducing family violence within Indigenous contexts, we would implement significant policy reforms in relation to alcohol advertising, taxation and retail availability.

If Australia were serious about improving Indigenous health status, we would implement significant policy reforms in relation to alcohol advertising, taxation and retail availability.

If Australia were serious about improving socio-economic status within the Indigenous community, we would implement significant policy reforms in relation to alcohol advertising, taxation and retail availability.

If Australia was serious about closing the gap, the Commonwealth would step up and lead, and one of its first steps would be to implement significant policy reforms in relation to alcohol advertising, taxation and retail availability.

Unfortunately, it is quite clear from a close reading of this report that neither the Government nor the Opposition are serious about any of these issues.

 

18 March 2025