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Alcohol and Drug Control Policy

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Section 1 - Purpose and Context

(1) The substances covered by this policy include alcohol, over the counter and prescription medicines, tobacco and illegal drugs.

(2) The purpose of the Policy is to provide a framework, consistent with legislative requirements, for the responsible distribution and consumption of alcohol and other drugs. The Policy also sets out overarching requirements that apply to the security, management and utilisation of Schedule 4 and 8 Drugs used in research and teaching activities. It has been developed with a view to harm minimisation and ensuring a safe environment for all who visit the University.

(3) The policy applies to individuals and/or groups who engage in the service of alcohol on the University's premises or in relation to a University event. It also applies to University students, employees and visitors while ever they are:

(4) a. in attendance at a University campus or facility (be it owned or leased);

b. using University equipment (be it owned or leased);
c. in attendance at a University event, function or activity;
d. in attendance at a Student Association's event, function or activity;
e. participating in any activity as a representative of the University (e.g. field trips, inter-University events, conferences).

(5) Students in residence are covered by requirements stipulated by UWS Conferences and Residential Colleges Limited as well as the provisions of this policy.

(6) The University also urges students, staff and visitors to abide by the laws of other countries when travelling overseas and expects compliance with requirements related to alcohol and other drugs when travelling as a representative of the University.

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Section 2 - Definitions

(7) Nil.

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Section 3 - Policy Statement

(8) The University of Western Sydney is principally a place of teaching learning and research in which students, staff and visitors interact in a wide variety of activities.

(9) The University expects all students, staff and visitors to comply with this policy and to act responsibly in respect to the management and consumption of alcohol and other drugs. The serving of alcohol and the consumption of alcohol and other drugs should always be undertaken in a manner that respects cultural, social and individual differences, preferences and choices.

(10) Staff are expected to be free of the influence of legal and illegal substances that may impact on their judgement and ability to perform their duties.

(11) The University will not tolerate the illegal possession, distribution or consumption of any drug, nor will it condone harassment, unacceptable or unlawful behaviour that may result from the consumption of alcohol and/or drugs. Where observed the University will report all illegal activity, including consumption, possession or distribution of an illegal substance to the appropriate authorities (e.g. the police).

(12) Any student or staff member who contravenes the requirements of this Policy or those of the governing legislation may find themselves subject to disciplinary proceedings. The University reserves the right to remove any individual from its premises for failure to comply with its policies or the reasonable directions of its employees.

(13) The University will promote a responsible attitude towards the use of alcohol and other drugs and will provide students and staff with assistance by way of its counselling services and Employee Assistance Program.

Part A - Alcohol

General Principles of Consumption

(14) The University acknowledges that the consumption of alcoholic beverages occurs at various University activities and venues. However, for their own protection and the wellbeing of other members of the community the University requires this consumption to be managed responsibly in accordance with this policy, State and Federal law.

(15) The University's Code of Conduct also demands a responsible approach to the consumption of alcohol. Staff and students who are in breach of the Code of Conduct or this policy in relation to the consumption of alcohol may be subject to University disciplinary proceedings.

(16) Responsible management of consumption in the University context requires individuals to:

(17) a. limit their consumption of alcoholic beverages to appropriate occasions/activities.

b. limit their consumption of alcohol to a level where the alcohol does not impede or adversely effect their capacity or behaviour (or the capacity of others) in regard to the fulfilment of their obligations while at or representing the University.
c. comply with the reasonable instructions of those responsible for the service of alcohol and/or of University employees.

(18) No individual is to consume alcohol:

(19) a. when they are under the legal drinking age (i.e. under 18 years of age).

b. where the consumption is likely to result in a subsequent breach of State or Federal law. For example, if an individual intends to drive they should not consume sufficient alcohol to raise their blood alcohol level above legal permissible driver blood alcohol limits - NSW.

(20) The decision to consume alcohol is a personal one, however, individuals should note that having made a conscious decision to consume alcohol they remain responsible for their behaviour and liable for the consequences whilst under the influence of alcohol.

(21) The University reserves the right to restrict the consumption of alcohol in regard to certain University staff positions (e.g. Nil consumption permitted whilst on duty/Nil consumption permitted for a designated period prior to the commencement of duty). Where deemed necessary the specific conditions will be incorporated into the employment agreement for the position. Requirements may be revised from time to time.

(22) No employee, student or visitor is to consume alcohol during or prior to participation in any activity that is inherently hazardous or likely to become hazardous as a result of the consumption of alcohol as this poses a significant risk to the individual, to other members of the community and/or to University property. Activities of this kind include but are not limited to:

(23) a. handling of dangerous goods;

b. control of heavy machinery or equipment;
c. electrical maintenance work.

Alcohol Free Zones

(24) The University reserves the right to deem any area or event (covered under clause 3 of this policy) an Alcohol Free Zone either permanently or temporarily. A Deputy Vice-Chancellor , Campus Provost or the Director Capital Works and Facilities (Director CWF) have the authority to make temporary determinations while the Director CWF has the authority to determine permanent alcohol free zones. All determinations are to be reported to the Director CWF.

(25) No-one is to consume, nor to publicly display alcohol in an Alcohol Free Zone.

(26) Permanent Alcohol Free Zones are designated by the Director CWF and will be clearly identified with appropriate signage. The Director CWF will also notify any Licensee on the campus of the designated zones, whether permanent or temporary.

(27) Having accommodated the provision of safe venues for the sale and consumption of alcohol the University considers it inappropriate and unnecessary for students to bring alcohol on campus for the purpose of consumption. Accordingly students are not to bring alcohol onto University premises with the exception of on-campus residents who are providing the alcohol for consumption within their personal student residence and in doing so are acting in accordance with this policy, with the requirements of UWS Conferences and Residential Colleges and in compliance with State and Federal law.

(28) Students who breach these provisions may be asked to leave the campus and may face disciplinary proceedings.

Complimentary Service of Alcohol

(29) Alcohol may be supplied on a complimentary basis (i.e. free of charge) from time to time at various University events, functions and activities. It should be noted that the service of alcohol may only be considered complimentary if there is no exchange of money directly or indirectly associated with the provision of the alcohol. Where there is an associated exchange of money, for example where tickets are sold to an event and alcohol is provided at the event, the alcohol would be considered to have been sold and such sale would therefore be subject to the possession of an appropriate Liquor Licence.

(30) Where alcohol is provided on a complimentary basis the party/individual providing the alcohol is responsible for ensuring that the service is managed in accordance with the Responsible Service of Alcohol Provisions.

Sale of Alcohol

Direct Sale

(31) Alcohol may only be sold on-campus through authorised campus outlets where the licensee holds a current liquor licence and is in possession of a current UWS Occupier's Licence. The sale of alcohol must be managed in accordance with the following conditions:

(32) a. Legislative Requirements

b. Provisions set out in the relevant liquor licence
c. Requirements specified in the UWS Occupier's Licence
d. Responsible Service of Alcohol Provisions
e. Compliance with this policy
f. The venue's House Policy
g. The licensee ensure that an adequate number of appropriately licensed and uniformed security personnel are engaged and on hand to manage the patrons, having due regard for the number of patrons, the venue and the nature of any related event.
h. Demonstrated knowledge of the University's Emergency Procedures.

(33) Failure to comply with these requirements will be dealt with under the provisions of the Occupier's Licence. In the case of holders of Temporary Function Licences the requirement of clause (23) apply although such holders will not be in possession of an Occupier's Licence.

(34) The Director CWF is the authorised officer to sign licensing applications (to the Licensing Court) and Occupier's Licences on behalf of the University. The Occupier's Licence must be in the form approved by the University Legal Counsel.

(35) Licensing applications must be submitted to the Director CWF for endorsement prior to submission to the Licensing Court. Two signed copies of the Occupier's Licence must also be provided that the Director will sign on behalf of the University if approved. One copy will be retained by the University and the other by the applicant. Once the Licensing Court has dealt with the licensing application, the applicant will provide the Director CWF with a copy of the determination. A licensee of licensed premises within UWS will participate in any local liquor accord or local licensing committee.

Responsible Service of Alcohol Provisions

(36) The Responsible Service of Alcohol Provisions set out specific requirements governing the promotion and service of alcohol. These provisions must be adhered to at all times where alcohol is involved in a promotional activity or where it is intended to be served to members of the University community on a complimentary or retail basis.

(37) Licensees will comply with all relevant provisions under the Liquor Act and/or contained within their Liquor Licence. This will include harm minimisation and RSA Principles.

Part B - Drugs

Illegal Drugs

(38) The University will not condone the possession, distribution or consumption of illegal drugs and where observed all such activities will be reported to the relevant authorities (e.g. the police). Students and staff may also be subject to University disciplinary proceedings (see Part E).

Prescription and Over the Counter Medications

(39) The University acknowledges that some members of its community may, from time to time, consume over the counter and prescription medicines while others require on-going medication for their health management and that these medications may be consumed while at or prior to attending the University or participating in a University activity. For their own protection and the wellbeing of other members of the community the University requires all such consumption to be managed responsibly.

(40) Responsible management includes:

(41) a. adherence to professional medical advice and instructions regarding consumption of medications and potential side effects; and

b. taking appropriate steps to avoid situations that might, as a result of the medication, harbour potential harm for the individual or other members of the community. This may involve:
c. taking a leave of absence where the medication impedes the capacity to perform appropriately relevant to the situation, or
d. discussing other options (e.g. short-term change of duties) with a supervisor.

(42) Supervisors of staff and students are to provide reasonable accommodation to individuals seeking assistance in these circumstances. Individuals can refer to the following University policies and/or units for additional information/guidance:

(43) a. Disability Policy

g. Equity and Diversity Unit
h. Counselling and Disability Services

(44) While the University respects the individual's right to choice, for health and legal reasons, it strongly recommends members of its community refrain from consuming any medication provided by another member of the University community or offering medication to other community members.

Schedule 4 and 8 Drugs

(45) Schedule 4 and 8 drugs are used in certain research and teaching activities conducted by the University. The possession and use of these substances is prohibited (i.e. illegal) without written authority from the Pharmaceutical Services Branch of the NSW Department of Health (PSB). The University requires that these substances be obtained, secured, utilised and managed in strict compliance with prevailing legislation, relevant University policy and procedures.

(46) The Schedule 4 and 8 Drugs Management Procedure details the requirements with respect to authorisation, training, supervision, storage and record-keeping in relation to these drugs.

Tobacco

(47) The University requires staff students and visitors to comply with legislative requirements governing the production, distribution and consumption of tobacco and tobacco products (e.g. smokes, cigarettes, cigars, pipes).

(48) When on campus, individuals are required to abide by the University's Smoke-Free Workplace and Procedures and must at all times have due regard for the health and safety of members of the University community.

Part C - Duty of Care

General Requirements

(49) The University has a responsibility under the Occupational Health and Safety Act 2000 to ensure that workplaces under its control are properly maintained and remain safe. In accordance with this responsibility the University expects all who work for, study in, visit or are contracted to the University to comply with the University's occupational health and safety policies and procedures, thereby acting in a manner that promotes their own wellbeing and the health and safety of other members of the University community.

(50) The University reserves the right to bring any event or function to an early close and/or to require a cessation in the trade of alcohol should it become apparent that the Responsible Service of Alcohol Provisions are not being met by the licensee, the temporary function licence holder or the designated coordinator of the particular event or function, or where the University's duty of care provisions are being placed at risk. The decision to close an event or require the cessation of trade in alcohol under these circumstances may be taken by the Senior Campus Security Officer on duty on the campus in question or by the Manager Security and Campus Services.

Intervention

(51) In order to meet its legal responsibilities under the Occupational Health and Safety Act 2000 the University expects that any person on University property or acting within the University's jurisdiction [refer clause (3)], will at all times, act reasonably and responsibly and will adhere to any requests that are made in the interests of preventing harm and minimising risk. In the event of an emergency the University expects all persons to follow any reasonable directions that may be given under the University's Emergency Preparedness Procedures or the emergency procedures of the relevant establishment where attending an off-campus event.

(52) The University reserves the right to ask any person who does not act reasonably in such circumstances to remove them selves from University property. Should a person refuse such a request the University may call for any assistance that it deems appropriate in the circumstances.

(53) For those staff and students in need of professional assistance, counselling or support regarding alcohol or other drugs the University provides confidential counselling and support services via its Employee Assistance Program and Counselling and Disability Services. Staff and students are encouraged to utilise these services.

Part D - Emergency Procedures

(54) The University has developed emergency preparedness procedures to ensure the effective management of emergency situations. The University recognises that emergency situations involving the consumption of alcohol or other drugs may arise. The University therefore expects that members of the University community will familiarise themselves with emergency procedures so that emergency situations can be managed effectively. Persons in control of liquor outlets in particular, must ensure they are fully conversant with the University's emergency preparedness program and are able to implement the emergency management plan.

(55) Implementation may include contacting the University's Security Services (Emergency Response Personnel) or external emergency services as necessary in the circumstances.

(56) Persons using a University ground line as part of an emergency response need to dial zero for an outside line before dialling the external emergency services number.

Service Phone Extension
Security 4736 0300 2300
Police 000
Fire 000
Ambulance 000

Part E - Disciplinary Procedures

(57) Participation in any activity that directly or indirectly breaches any part of this policy or its underlying principles may result in participants being subject to internal disciplinary proceedings. The University reserves the right to instruct individuals (including students staff and visitors) to vacate its premises and will enforce this right through legal means (i.e. the police) where necessary.

(58) Failure to follow the reasonable directions of those responsible for the service of alcohol or of University employees (particularly security officers) is considered to be a breach of this policy as is any subsequent action that directly or indirectly undermines the intent of those directions.

(59) The University will not condone any attempt to undermine the individual's right to choose not to consume alcohol or other drugs. Accordingly any individual that acts in a manner intended to impede this right of choice (e.g. by spiking drinks with alcohol or drugs, applying persistent or undue pressure) will be deemed to have breached this policy.

(60) Participation in any activity that directly or indirectly breaches State or Federal law may be subject to both internal and/or external disciplinary proceedings.

(61) Internal disciplinary or performance related remedial action will be managed in accordance with the applicable employment agreement in the case of staff members. The Misconduct - Student Non-Academic Misconduct Policy will apply with respect to student discipline.

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Section 4 - Procedures

Schedule 4 and 8 Drugs Procedure

(62) Refer to the Schedule 4 and 8 Drugs Procedure for detailed requirements regarding the procedures to be applied in the management, security and utilisation of these drugs.

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Section 5 - Guidelines

(63) Nil.