The head of the Northern Territory Liquor Commission has flagged an "inherent tension" between the goals of the commission and the government department that administers it.
In 2020, the commission — an independent statutory body tasked with liquor licensing in the Northern Territory — was moved from the Department of the Attorney-General and Justice into the newly created Department of Industry, Tourism and Trade (DITT).
But in a message from the chairperson, penned in the commission's latest annual report, Richard Coates laid out his concerns about the current administrative arrangement.
"In my view, there is an inherent tension between the goal of promoting the economic development of the liquor industry and the responsibilities of the commission under the [Liquor] Act," he wrote.
"Those tensions will need to be carefully and sensitively managed if the commission is to remain within DITT."
According to its website, DITT's primary role is as "the public sector's coordinating agency for economic and industry development".
Mr Coates, who has worked as a lawyer for more than four decades in a number of high profile NT government roles, said the priorities of DITT and the commission were sometimes at odds with one another.
"The commission must always endeavour to minimise the harm associated with the consumption of liquor whilst recognising the public's interest in the service and consumption of liquor," he wrote.
"Accordingly, some proposals from businesses associated with the Territory's liquor industry, which might be regarded by DITT as beneficial for the overall development of business within the Territory, will not always be judged by the commission as 'in the public interest'."
The commission was stood up in its latest iteration in 2018 on the recommendation of the Riley Review — a wide-ranging look into alcohol policies in the Northern Territory.
Led by former chief justice Trevor Riley, the review ushered in some of the biggest reforms to the industry in a bid to tackle spiralling rates of alcohol consumption and harm in the Northern Territory — higher than every other state and territory.
Since then, the commission has been enmeshed in a number of controversial licensing decisions, including rejecting Woolworths' bid to set up a Dan Murphy's liquor store in Darwin.
Peter D'abbs, a sociologist who has conducted numerous alcohol policy evaluations in the Northern Territory over the years, said the management of the commission was "a difficult but a very important issue" for the NT government.
"If you put your licensing authority under a trade and development and economic department, then those sorts of considerations are likely to take priority over issues to do with health and minimising harm," he said.
A liquor commission had existed in the Northern Territory since 1979, but was abolished in 2015 by a Country Liberal government and its function transferred to the government, effectively removing its independence.
It was reinstated by the Labor government in 2018 following the party's return to power.
"At one time, the liquor commission saw itself very much as a social policy body, very responsive to communities wanting to reduce alcohol related harm," Dr D'abbs said.
"Then, that came under political pressure and the commission shifted more to an industry promotion stance.
"As you can imagine, there are political players, and there are economic players in this, seeking to have the commission work in a way that fits in with their interests."
Speaking on ABC Radio Alice Springs in December, Northern Territory Chief Minister Natasha Fyles said despite her confidence in the independence of the commission, she was considering moving it out of DITT.
"It's something that I have been looking at — having those resources in the Department of Chief Minister and Cabinet," she said.
"I've got [the Alcohol Policy portfolio] in Chief Minister and Cabinet since I've become the chief minister, and as you know I've kept that portfolio because it's really important and I'm determined to tackle these issues."
Since long-term alcohol bans were lifted across dozens of Aboriginal living spaces in July, the Northern Territory's alcohol policies have come under greater scrutiny as grog-related violence and crime has spiked across parts of the Territory.
The NT Police Acting Commander for Central Australia, Kirsten Engels, has directly linked the surge in domestic violence incidents in Alice Springs to the ending of the bans.
Last month, the NT government opened consultation for alcohol laws in the Northern Territory, as it prepares to undertake a review three years on from launching sweeping changes under the Liquor Act 2019.
