• Section 1 - Preamble
• Section 2 - Purpose
• Section 3 - Scope
• Section 4 - Policy
• University Responsibilities
• Breaches of Policy
• Employee - Responsibilities
• Student Responsibilities
• Authorised visitors and members of the University community who are not employees or students
• Alcohol Protected Areas
• University Events Involving Alcohol
• Section 5 - Non-compliance

Section 1 - Preamble

(1) Charles Darwin University (the University) has a duty of care under the Work Health and Safety Act 2011 (WHS Act) to protect the health and safety of members of the University community and authorised visitors to the University.

(2) Further, the University and all members of the University community and authorised visitors are required to comply with the Liquor Act 2019 (NT), Misuse of Drugs Act 1990 (NT) and the Criminal Code Act 1983 (NT), and any other applicable legislation which set out processes and offences related to the supply and use of alcohol and other drugs respectively.

(3) Alcohol and other drugs, including prescription or over-the-counter medicines, can effect employee health and a person’s ability to work safely. The University is committed to providing a healthy, inclusive, safe, and productive work and study environment that discourages illegal and inappropriate use of alcohol and other drugs.   

Section 2 - Purpose

(4) This policy outlines obligations of the University members of the University community and authorised visitors to ensure that the University is a safe and healthy environment in the context of alcohol and drug use. It outlines legal obligations related to the service and use of alcohol and the University’s expectations in creating and maintaining an inclusive and welcoming University environment.

Section 3 - Scope

(5) This policy applies to all members of the University community and authorised visitors. It applies to all activities that take place on University property or activities that officially represent, or could be perceived as representing, the University.

Section 4 - Policy

University Responsibilities

(6) The University is responsible for:

1. providing a safe and healthy workplace for University employees whilst on the University premises or when engaged in University business;
2. eliminating potential alcohol and other drugs-related harm to members of the University community and authorised visitors;
3. preventing damage to University property or the University’s reputation caused by alcohol or other drugs use;
4. meeting legal responsibilities related to the Responsible Service of Alcohol across all University related activities; and
5. providing an inclusive environment for employees and students who choose not to consume alcohol or other drugs, including tobacco.

(7) If a situation arises where the use of alcohol and other drugs negatively impacts memeber/s of the University community or authorised visitors the University may provide relevant information to the relevant Police and act to protect the safety of those impacted by the situation.

(8) The University aims to reduce the potential of personal and professional harm associated with the use of alcohol and other drugs by members of its community by:

1. raising awareness in the University community about the risks of accidents, injuries, and damage that the use of alcohol and other drugs can cause;
2. minimising or eliminating potential hazards associated with alcohol and other drug use on University premises;
3. fostering a work and study culture that discourages the use of alcohol and other drugs at University events on University property;
4. supporting a culture that makes clear that being under the influence of alcohol and other drugs while working for the University, in University residences, studying or using University facilities, at a University business, or using University vehicles, is not acceptable;
5. providing students and employees who develop alcohol and/or drug use problems with access to counseling and support and referral to health services and support as necessary; and
6. providing employees with access to counseling and support through the Employee Assistance Program or other assistance from People and Culture that could include prevention, education, counseling and rehabilitation for alcohol and other drug use.

(9) If an Authorised officer of the University reasonably believes that an employee or student is impaired by alcohol and/or other drugs, they will direct the person to cease work or study/training activity immediately.

(10) The University will not accept alcohol and/or drug use as an excuse for inappropriate behaviour or sub-standard performance.

Breaches of Policy

(11) Any behaviour that contravenes the Liquor Act and the Misuse of Drugs Act will be reported to the relevant authorities.

(12) Failure to abide by the terms outlined in this policy may lead to disciplinary action and, if severe enough, may be referred to the relevant law enforcement authorities.

(13) Any disciplinary action will be determined after due consideration of the facts and may include, but is not limited to, the following:

1. direction from an authorised officer to cease duties or academic activity immediately, for example, lectures, tutorials, laboratory work, workshops, training, or excursions, pending an investigation;
2. imposing a monetary penalty under the terms of the Charles Darwin University (Site and Traffic) By-laws 2005 (as amended in 2015)
3. referral to the appropriate disciplinary procedures for misconduct in accordance with the Charles Darwin University Student Conduct By-laws or the Charles Darwin University and Union Enterprise Agreement 2022; and/or
4. referral to relevant law enforcement authorities, where the misconduct potentially constitutes a legal offence.

Employee - Responsibilities

(14) All employees are required to act in an ethical and lawful manner as consistent with the University policies and procedures, including but not limited to Code of Conduct - Employees, and applicable legislation including but not limited to the Liquor Act, Misuse of Drugs Act, the WHS Act, and the Criminal Code Act.

(15) When representing the University in any capacity whether on or off University premises, and whether inside or outside of normal business hours, employees are expected to demonstrate professional and responsible behaviour.

(16) University employees must not attend work under the influence of alcohol and other drugs. Alcohol may be consumed socially in work settings, provided the alcohol consumed does not impact the safety and health of others, or impact work performance.

(17) Employees who are taking prescription or non-prescription drugs that may impact on their performance or behaviour in the workplace must notify their supervisor prior to commencing work. A risk assessment should be carried out to determine if the activity can continue based on the Product Information. All information disclosed by the employee is considered private and will be protected in line with the University’s Privacy and Confidentiality Policy.

(18) Employees must not consume alcohol and other drugs before reporting for duty when consumption could affect work performance or impact their own or others’ safety when on duty.

(19) Employees who reasonably believe that a colleague or student is under the influence of alcohol and/or other drugs, and presents a safety risk to themselves or others, have a duty of care to bring this to the attention of an Authorised officer. It is important that this information is kept confidential and shared only with the Authorised officer, in line with the Privacy and Confidentiality Policy.

(20) Employees must not operate machinery or equipment or drive a University vehicle whilst under the influence of any alcohol or/and other drugs. 

(21) Employees have a duty of care to ensure that any student under their care does not operate machinery or equipment or drive a University vehicle whilst under the influence of any alcohol and other drugs.   

(22) When organising a University function where alcohol is available, employees must comply with the Liquor Act as outlined below. Events should be inclusive and encourage responsible and safe consumption of alcohol.

(23) An employee exhibiting behaviours consistent with the effects of alcohol and drug use, such as slurred speech, unsteady on their feet, blood shot eyes, dishevelled clothing, rapid speech, sweating, argumentative or aggressive,  and the behaviour exposes other employees or students to a risk to their health and safety may be subject to disciplinary action in accordance with the University laws and governing instruments.

(24) All employees are responsible for conducting themselves in an appropriate manner and encouraging standards of acceptable behaviour in others. In accordance with their designated level of responsibility, all employees are responsible for addressing inappropriate behaviour in students/employees under their care

Student Responsibilities

(25) All students are required to act in an ethical and lawful manner as consistent with University policies and procedures, including but not limited to Code of Conduct - Students and applicable legislation including but not limited to the Liquor Act, Misuse of Drugs Act, the WHS Act, the Criminal Code Act.

(26) All students are expected to recognise that alcohol and other drugs can negatively impact their health and safety and academic performance.

(27) Students who are adversely affected by alcohol and other drugs must not attend an academic activity, for example, lectures, tutorials, laboratories, workshops on University premises, facilities or University approved external excursions.

(28) If an authorised officer reasonably believes that a student may be impaired by alcohol and other drugs, the authorised officer may direct that student to cease academic activity immediately and remove themselves from the facilities.

(29) Students are obliged to take reasonable care and maintain standards of acceptable behaviour whilst on University property and when representing the University, including but not limited to functions; off-campus learning activities; international in-country study programs; exchange programs; and sporting events. This includes being unimpaired by alcohol and other drugs when attending or representing the University.

(30) A student exhibiting behaviour that impacts on the safety or performance of other members of the University community may be subject to disciplinary action being taken in accordance with the Code of Conduct - Students, Charles Darwin University (Student Conduct) By-laws, Charles Darwin University (Student Residences) By-laws, Charles Darwin University (Site and Traffic) By-laws and/or any other Governance documents.

(31) University funds provided to student groups are not to be used for the purchase of alcohol and other drugs.

Authorised visitors and members of the University community who are not employees or students

(32) All authorised visitors and members of the University community are required to act in an ethical and lawful manner as consistent with the University’s Code of Conduct - Employees and this policy. Visitors and members of the University community must not attend University functions or work on University premises whilst under the influence of alcohol and other drugs. Any breach of this policy by visitors may be referred to the Police or be subject to disciplinary action.

Alcohol Protected Areas

(33) In line with the Liquor Act, University employees and students must not consume, possess, or transport alcohol into alcohol protected areas when representing the University or otherwise engaged in University business. This includes transportation in any University or personal vehicle whilst on duty.

(34) If an employee wants to consume alcohol in a protected area, they must acquire the necessary permit for that area. 

University Events Involving Alcohol

(35) All employees responsible for organising University events, whether they are informal or formal events or functions must seek permission from the Director Property and Facilities 14 days before the event and provide evidence that they have assessed and mitigated any risks associated with the event and comply with the Responsible Service of Alcohol, in accordance with the Venue Hire policy and procedure.

(36) The University does not hold a liquor licence. At any formal University event where alcohol is sold, supplied or served event organisers must use a caterer who holds a liquor licence. Event organisers must ensure there are appropriate event risk mitigation  procedures in place, including considering whether onsite security is required for the event.

(37) At all University events or functions, the following Responsible Service of Alcohol rules must be followed:

1. Alcohol will not be served to persons under eighteen (18) years of age;
2. Alcohol will not be served to intoxicated persons;
3. Only licensed venues may sell alcohol on campus;
4. Alcohol may only be consumed in the area designated for the event; and
5. University employees/students responsible for formal functions must take appropriate action to ensure the safety and wellbeing of people and property.

(38) At University events and functions where alcohol is served, in line with the Code of Conduct – Employees and Code of Conduct – Students, employees and students are expected to:

1. respect individual differences in attitudes towards the consumption of alcohol;
2. ensure that all events are inclusive and welcoming of all invitees including those who are not of legal drinking age and those who choose not to drink alcohol. This excludes licensed venues where people under eighteen (18) years of age are not permitted in some areas; and
3. ensure that non-alcoholic drinks and food are available.

Section 5 - Non-compliance

(39) Non-compliance with Governance Documents is considered a breach of the Code of Conduct - Employees or the Code of Conduct – Students as applicable and is treated seriously by the University. Reports of concerns about non-compliance will be managed in accordance with the applicable disciplinary procedures outlined in the Charles Darwin University and Union Enterprise Agreement 2022 and the Code of Conduct - Students.

(40) Complaints may be raised in accordance with the Complaints and Grievance Policy and Procedure - Employees and the Complaints Policy - Students.

(41) All employees have an individual responsibility to raise any suspicion, allegation or report of fraud or corruption in accordance with the Fraud and Corruption Control Policy and Whistleblower reporting (Improper Conduct) Procedure.