Rsat Handbook
Rsat Handbook
Rsat Handbook
Copyright notice
Version: 1.3
© State of New South Wales through Liquor & Gaming NSW 2021.
Liquor & Gaming NSW has provided this work to certain same day alcohol delivery service providers and
training organisations for the purpose of developing the NSW Responsible Supply of Alcohol training.
Those parties may modify, update and use this work solely for that purpose. All other users must contact
Liquor & Gaming NSW for permission to use this work, except as permitted by the Copyright Act 1968
(Cth).
Attribution: You must always provide credit to Liquor & Gaming NSW.
Non-Commercial: You must not use the material for commercial purposes.
No-Derivatives: You must not distribute modified versions of the work.
Disclaimer
This work has been produced by Liquor & Gaming NSW (L&GNSW) to support learning by providing
knowledge requirements under NSW State liquor laws for employees in the supply of alcohol by same day
delivery in NSW. The information is current at the date of writing (stated above). You are reminded that the
relevant laws and policies will change over time, and that you must make your own enquiries before relying
on information in this work.
This training course was developed by Liquor & Gaming NSW with the support of an industry working
group.
Next steps................................................................................................................................. 54
Introduction
Welcome to the Liquor & Gaming NSW RSAT training
This course handbook includes an introduction, a detailed breakdown of the six modules, and an
explanation of the next steps to obtain your RSAT competency.
Introduction
Session 2: Intoxication
Session 3: Minors
Next steps
This course handbook contains information and guidance on working in the same day delivery of
alcohol sector in NSW, including how to:
• comply with your legal obligations
• recognise intoxication
• reduce the risk of supply of alcohol to minors
• ensure your personal safety when delivering alcohol.
The training will equip you with the skills and knowledge you need to make a positive contribution
to the liquor industry and the community.
RSAT is the foundation that qualifies you to make same day deliveries in NSW in accordance with
the law. There are no exemptions to the requirement to complete RSAT.
Same day delivery providers, agents or drivers with a current NSW RSA competency must be
aware of and fulfil their obligations covered in this RSAT Course Handbook.
More information
Find out more about the mandatory Responsible Supply of Alcohol training (RSAT) and
what’s changing under the Sydney 24-hour economy liquor reforms here.
1 Introduced from 1 December 2021 under the Liquor Amendment (Night-time Economy) Act 2020
There’s a good reason why you should care about the responsible supply of alcohol. Most alcohol
deliveries will be consumed in the home, especially when delivered on the same day.
Includes:
• licensed takeaway liquor providers that offer online sale and deliveries in
NSW
• food delivery providers that deliver alcohol in addition to, or as a part of food
deliveries
• individuals offering same day delivery of alcohol in NSW, and
• any other businesses that deliver alcohol to the public.
Delivery agent
Delivery companies, couriers and drivers engaged by same day delivery providers to
deliver alcohol.
Delivery person
Same day alcohol delivery provider, delivery agent or person making same day
alcohol delivery in NSW.
Delivery recipient
An individual, over the age of 18, purchasing the alcohol or an adult nominated to
accept delivery at delivery location, or at an alternative delivery location as per the
written instructions provided by the provider.
The delivery recipient is also referred to as the ‘customer’ in this handbook.
What is RSAT?
RSAT is the responsible supply of alcohol training that applies to the delivery of alcohol to a
person in NSW on the same day it is purchased, regardless of the state or territory from which it
was purchased.
There are some exceptions to when the same day delivery laws don’t apply. These include:
• delivery of packaged alcohol to other licensed businesses, or
• delivery of less than 1.5 litres of packaged alcohol in a food hamper with other items, such
as a picnic basket or a gift hamper.
Same day delivery • good reputation in the local community and fewer complaints
providers and delivery • lower compliance and legal costs
persons • less disruption to business from incidents of harm
• reduced driver and courier turnover
• reduced external vendor or contractor turnover
• more likely to attract drivers and couriers with higher skills and
experience
• a more sustainable and profitable business model
• reduced regulatory costs
Delivery persons • equipped with the knowledge and skills to responsibly supply
customers
• protection from financial penalty for refusal of delivery to
minors or intoxicated people, and/or taking reasonable steps
In NSW, these are specified in the Liquor Act 2007 and the Liquor Regulation 2018.
It is important that you are aware of your obligations under these laws, as there are consequences
to both you and your employer if you do not comply with them.
Objectives Sets out the requirements about Outlines specific requirements that have to
where, when and how alcohol can be met in order for businesses to comply
be sold and supplied on licensed with the Liquor Act 2007.
premises, or delivered, and who
can serve and consume it.
2The requirement to verify the identity and age of a customer purchasing alcohol by same day delivery at the time of
sale applies from 1 June 2022.
More information
Penalty amounts outlined in this section are for same day delivery providers who
breach the law. They are based on a system of penalty units which is a set amount of
money used for each fine.
Unit values are reviewed annually, and the current penalty unit value in NSW can be
found at www.liquorandgaming.nsw.gov.au, or at:
https://www.legislation.nsw.gov.au/#/view/act/1999/92/part2/div4/sec17
Remember
These requirements apply to same day delivery providers. However, as a delivery
person, it is important you are aware of these requirements too.
Liquor & Gaming NSW Independent Liquor & Gaming NSW Police Force
(part of NSW Dept of Customer Authority
Service)
Role Regulates the liquor and gaming activities Statutory decision-maker responsible Along with Liquor & Gaming NSW
in NSW and provides policy advice to the for a range of regulatory functions. Inspectors, the NSW Police Force
NSW Government. enforce the NSW liquor laws in the
community.
Responsibilities • administers RSAT • makes decisions about • works with Liquor & Gaming
complex or controversial liquor NSW to undertake inspections
• conducts inspections and proactive
licence applications and investigations
compliance testing for responsible
supply of alcohol • determines disciplinary actions • provides information that helps
taken against licensees and Liquor & Gaming NSW and the
• investigates complaints and
other for breaches of the NSW Independent Liquor & Gaming
potential offences regarding supply
liquor laws Authority make decisions on
of alcohol
licensing applications
• reviews certain decisions
• provides regular updates and
made on its behalf by the • exercises a range of
education via monthly e-news and
Liquor & Gaming NSW. enforcement powers to ensure
industry engagement.
compliance of NSW liquor laws
(for example, issuing penalty
notices).
Your actions in identifying and refusing supply to an intoxicated person can help to promote
responsible consumption of alcohol in the community and build the reputation of your same day
delivery service provider.
Meaning – Intoxication
In NSW, reasonable ground for a belief that a person is intoxicated are what a
reasonable person would believe in the circumstances, taking into account the
relevant knowledge and facts observed.
Intoxication is commonly known as being ‘drunk’.
Under the incentives and demerit point system, demerit points may also be imposed on the
Licensee. This means a liquor licence can be suspended or cancelled. Selling or supplying alcohol
to an intoxicated person attracts double demerit points.
What is intoxication?
The NSW Liquor Act 2007 states that a person is intoxicated if:
(a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and
(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-
ordination or behaviour is the result of the consumption of liquor.
Signs of intoxication
The below table outlines some examples of signs of intoxication.
Signs of Intoxication
Appearance Balance Speech Coordination Behaviour
Breath smells Unsteady on Slurring words Fumbling their Rude/offensive
of alcohol feet licence language
Remember
These signs may not always be obvious. Signs of intoxication can present differently in
different customers.
If you believe they are intoxicated, you must politely but firmly refuse service and return the order
back to the store/point of collection.
Reasonable belief
You need to form a reasonable belief that a person is intoxicated before refusing delivery.
A belief can be formed by observing the situation around you at the time. You must use your
judgement to evaluate each situation.
You should be sure of your reasons for refusal of supply and these reasons should not be
discriminatory, for example due to race, sex, or disability. A person has the right to take the matter
to the Anti-Discrimination Board if they feel they have been subjected to discrimination.
When assessing for intoxication, a belief can be formed by observing the physical signs, talking to
the person and their family or friends and then considering whether such signs could be the result
of intoxication or another condition.
Before you refuse to deliver to someone on the basis they may be intoxicated, you should try to
determine whether they have a medical condition or disability that is causing signs or symptoms
similar to intoxication.
Medical conditions that may mimic Possible side effects from medication
intoxication
Remember
• You must comply with the NSW Anti-Discrimination Act 1977 and Commonwealth
anti-discrimination laws when assessing intoxication, and
• It is against the law to supply alcohol to a person you reasonably believe is
intoxicated.
So long as you are not being discriminatory, it is alright to form the belief that someone
is intoxicated due to the effects of alcohol even if you are wrong.
Module summary
If you supply alcohol to a minor, it can lead to harm. You have a critical role in preventing
underage drinking.
Meaning – Minor
A minor is anyone under the age of 18 years.
It is a serious offence to sell or supply alcohol to a minor and action can be taken against the
delivery driver, delivery agents and the same day delivery provider. You could receive a fine or
lose your job and source of income if alcohol is supplied to a minor.
Under the incentives and demerit point system, demerit points may also be imposed on the
Licensee. This means a liquor licence can be suspended or cancelled. Selling or supplying alcohol
to a minor attracts double demerit points.
Remember, there are serious risks for a supply to minor offence. In addition to potentially receiving
a fine, you could lose your job and source of income.
Proof of age
All same day delivery providers must have a process to properly check proof of age ID documents
to prevent minors from accessing alcohol.
Note: The acceptable forms of ID are different for each state and territory of Australia.
Top tips
Remember, some forms of ID can be issued to people under 18 years of age, so take
extra care when checking the date of birth. For example, NSW Photo Cards and NSW
Learner Driver Licences can be issued to people aged 16 and over, and passports can
be issued to people of any age.
It is important to be familiar with what valid ID looks like. This includes approved forms of digital ID
and their security features.
Top tips
Using borrowed ID is one of the most common forms of ID fraud. Minors may borrow
an ID from an older sibling or friend, or from a stranger through their friends. You
must compare the photograph on the ID with the person standing in front of you.
Examine the ID carefully. The customer may be relying on the fact you will be too busy to check
the ID closely.
Note: You cannot require the customer to remove any item of clothing for ID checking under the
law. However, if you are unable to confirm the identity or age of the customer, you must refuse
delivery.
Note: You can ask the customer to hold the digital device at a distance when checking a digital ID,
for contact-free deliveries. If you have difficulty viewing, ask the customer to adjust the phone to
make checking easier.
If you are unsure that the ID belongs to that customer or if the ID is valid, politely ask the customer
to provide a secondary form of ID.
False ID procedure
It is against the law for a person to present false ID with the intent to be supplied alcohol. If you are
shown a fake ID, you will need to:
• refuse supply and return the ID to the person, and
• complete a non-delivery report and advise the service provider to report the fake ID.
Note: In NSW, only the police and people authorised by the Roads and Maritime Services (RMS)
can confiscate identification.
Module summary
To recap, the key topics covered in Module 3: Minors were:
• understanding your responsibilities in relation to minors and preventing underage drinking
under the NSW liquor laws
• requesting acceptable proof of age identification and conducting thorough documentation
checks
• following the correct procedure for dealing with false or misleading proof of identity
documents.
* Note: Where the delivery recipient looks over 25 years old, view their ID or take a signed
declaration that states their name, and that they are 18 years or over.
Failing to refuse supply puts the safety of the customer, yourself and others at risk.
Serious penalties include an on-the-spot fine of $1,100, court fines of up to $11,000 and/or 12
months imprisonment.
Remember
The law protects you from being financially penalised by your service provider for
refusal to supply in the above circumstances.
Remember
Reacting to the incident in an inflammatory way can have consequences, including
injury to yourself, other individuals and/or property damage.
If necessary, contact the Police on 000.
Do Don’t
If you don’t perceive any immediate threat to your surroundings, approach the premises.
If you decide it is an unsafe delivery environment due to the above risk factors, you should not
proceed with the delivery
Customer raises • stay calm and respectful • ‘Sorry, that’s not my decision, that’s the law’
their voice and is • keep your voice low and calm • ‘Sorry, that’s the law, I might lose my job if I don’t
becoming • tone of voice is critical when refusing service comply’
unreasonable • maintain eye contact and keep your face neutral
• stand tall and confident at a slight angle leaning
towards the customer
• maintain at least one arm’s length between you
and the customer
If a solution isn’t • advise recipient to contact customer service who • ‘Please contact our customer service, they will
reached can assist with their concern be able to assist you with your concern /
re-schedule the delivery on another day’
If you feel unsafe • remove yourself from the situation. If required,
at any stage call the police for assistance when safe to do so.
Remember: your safety is paramount!
Other circumstances where a non-delivery may be recorded include incidents involving safety,
threatening situations or risk of violence and anti-social behaviour
Note: The law offers you protection to ensure that you are not financially penalised for refusing to
deliver alcohol in the above circumstances.
How a service provider instructs you to record incidents and refusals of service will vary. You must
use the application or tool provided by your service provider to record refusals of delivery. You
should familiarise yourself with what to record on non-delivery, such as:
• customer name
• delivery address
• date and time of attempted delivery
• name of delivery driver
• reason for non-delivery.
✓ Not deliver a same day delivery liquor order ✓ requesting to view the ID of any person
without checking the recipient’s identity who looks under 25-years-old
✓ refusing service to anyone who looks under
25-years-old and cannot present a valid ID
✓ requesting to view the ID of any person
who look 25-years-old or over, or take a
signed declaration that states the person’s
name and that they are 18 or over
✓ Not deliver to a minor or to an intoxicated ✓ assessing customer for intoxication
person
✓ not supplying alcohol to a person that you
reasonably believe will engage in
secondary supply
✓ Not deliver to an alcohol-free zone or ✓ ensure that the delivery location does not
alcohol prohibited/restricted area fall within an alcohol-free zone or alcohol
prohibited/restricted area.
✓ Not deliver outside of the approved alcohol ✓ ensure the delivery would not be within the
delivery hours of: delivery cut-off periods (midnight [or 11pm
on Sunday] and 9am)
− 9am to midnight Monday to
Saturday, and
− 9am to 11pm on Sunday.
✓ Record all refusals of delivery ✓ ensure that any refusal to deliver due to
intoxication or minor is recorded in the non-
delivery register
Here are a few scenarios that Jake, our delivery driver, encounters on his normal same day
alcohol delivery run. Consider these scenarios and determine whether Jake should make or refuse
delivery under the law based on the facts and circumstances involved. If refusing delivery, also
consider your approach on how to do so responsibly. On completion, turn to page 55 to verify your
response.
Remember
The law offers you protection to ensure that you are not financially penalised for
refusing to deliver alcohol where the recipient:
• is a minor
• you reasonably believe is intoxicated
• is suspected of purchasing alcohol on behalf of a minor or intoxicated person
(secondary supply), or
• details don’t match the service provider’s delivery instructions.
Scenario 1:
Intoxicated recipient
Jake, a delivery driver, is on his same day alcohol delivery run. It’s a beautiful
day and he is looking forward to catching up with his mates to watch the Footy
Finals in the evening. He’s on his first delivery: three cases of wine to Steve
Clark. The customer answering the door appears unsteady but looks happy to
receive the cases he had ordered online. However, as Jake asks him for his ID,
he notices his speech is slurred, he stumbles over things as he gets his wallet
and struggles to remove his ID. And he smells of alcohol.
Ask yourself:
As Jake exits the vehicle, he realises there is a party on at the property. He walks
up to the front door, knocks, and Donna answers. He notices more young people,
potentially minors, who appear to be drinking inside. Donna appears to be sober
and he’s able to verify her ID. Donna notices his hesitation and demands the
alcohol she purchased online. Jake is concerned that if he refuses delivery, it
might further aggravate the customer, and his employer might penalise him by
reducing his pay or his future delivery requests. And he has other deliveries to
make.
Ask yourself:
• should Jake deliver the alcohol as Donna is an adult and not intoxicated, or
• refuse service as it might be considered secondary supply?
Scenario 3:
As she looks under 25 years, he asks her for her ID. Amy calls out for Tilly and a
little girl comes running to the front door. Amy asks Tilly to grab her wallet and
give Jake her licence. The little girl hands over her mum’s licence and Jake
verifies that she is over 18. He proceeds to hand the alcohol to Amy, to which she
says, “My hands are full, can you please hand it to my daughter so she can bring
it inside for me?”
Ask yourself:
• should Jake deliver the alcohol as Amy is an adult, not intoxicated, and it’s
not likely that she intends to let her little girl have access to it, or
• refuse service as it might be considered secondary supply?
Jake is aware that the identity and age of the purchaser and any nominated
recipient are verified by his service provider when alcohol is purchased online.
However, on checking the nominated person’s ID, he has determined he is a
minor.
Ask yourself:
Scenario 5:
He arrives at his next delivery location and asks for Jenny Crowley. The man
answering the door introduces himself as Jenny’s husband and offers to accept
delivery as Jenny went grocery shopping and is not expected back soon.
However, as per Jake’s delivery instructions, Jenny did not specify an alternate
person to collect her delivery in her absence.
Ask yourself:
• should Jake deliver the alcohol as Jenny’s husband looked over 25, and was
not intoxicated, or
• refuse delivery as he was not nominated to collect the delivery as per his
delivery instructions?
Jake’s now has only two more deliveries to go. His next delivery is a case of 24
beers to Tim Smith. On arriving at the delivery location, Jake asks to see the
customer’s ID to verify his identity and age. Tim rummages around for his wallet
but can’t find it. Jake notes that he is over 40 years old and does not appear to be
intoxicated.
Ask yourself:
• should Jake deliver the alcohol to Tim and continue on, as Tim is the
recipient, and is not intoxicated and does not appear to be a minor?
Scenario 7:
Ask yourself:
• should Jake leave the package behind the bushes as per the customer’s
request?
• what is his responsibility under the law for same day delivery of alcohol?
Module Summary
To recap, the key topics covered in Module 4: Refusing supply responsibly were:
• understanding who should be refused supply under the NSW liquor laws
• refusing supply in a responsible manner
• recording incidents and refusal of supply under same day delivery
• considering delivery in a range of scenarios based on the law, facts and circumstances.
In this module, we will explore some of the mandatory and voluntary initiatives that apply to you
and to your service provider that will help you understand how they minimise harm. We will also
cover how you can apply this in your role as a same day alcohol delivery person.
Effective training:
• helps you understand your responsibilities under the NSW liquor laws
• helps you learn the practical skills to practice responsible supply and delivery
• leads to a safe environment for you, your customer and the community.
More information
Refer to page 53 for mandatory training required to work in other roles, such as a front-
line worker to sell, serve or supply alcohol on licensed premises, or as a licensee,
approved manager or club secretary. Your training must be done through a provider
who is approved by Liquor & Gaming NSW.
Your service provider may also require you to undertake induction training prior to delivery to learn
about the business policies and procedures and use of business-specific tools.
Any alcohol sold before 9am can be delivered on the same day, but it cannot be delivered before
9am.
Never make exceptions and sell, supply or deliver alcohol after the cut-off times – this is breaching
the law. Supplying alcohol during cut-off times could result in a maximum penalty of $11,000, 12
months imprisonment or both.
Top tips
It is easy to lose track of time if you have a number of deliveries to make or are
delivering alcohol amongst other things. Consider setting an alarm on your mobile to
ensure you complete your deliveries before the same day delivery cut-off times.
Note: where a person looks 25-years-old or over, view their ID or take a signed declaration that
states the person’s name and that they are 18 years or over.
Refer to Section 4.4 for more information on what details to record on refusing delivery.
‘No alcohol can be sold or supplied to anyone under 18. It’s against the law.’
Section 4.4 includes more information on what must be recorded in the register and when.
3 Mandatory verification of customer identity and age at point of sale for same day deliveries apply from 1 June 2022.
If a customer has elected to self-exclude from an alcohol delivery service, this will take place
through your service provider’s website. As a delivery person, you should be aware of your
provider’s application process, or to escalate such enquires to your provider when requested by a
customer. However, you should not receive an order from a customer who has been self-excluded.
Many people enter into a self-exclusion agreement when they are undertaking a rehabilitation
program. Some customers may only opt to self-exclude for a short period rather than permanently.
For example, Dry July, Feb-Fast etc. Note, self-excluded customers may choose to have their
name removed from the self-excluded list at any time.
Promotional activities relating to the sale, supply and delivery of alcohol can have a significant
influence on customers’ consumption patterns and behaviour. Undesirable promotions, or ones
that are not properly managed, can contribute to alcohol-related harm and anti-social behaviour
which impacts individuals, families and communities.
The Liquor Act 2007 details the types of promotions that may be restricted or prohibited. It’s
important that service providers are familiar with these requirements to avoid being in breach of
the law.
Voluntary signage
Liquor & Gaming NSW provide a range of voluntary signs that can assist you and your service
providers in minimising harm, such as an ID checklist. They can be purchased or downloaded from
the Liquor & Gaming NSW website.
More information
Voluntary signs are available at: https://www.liquorandgaming.nsw.gov.au/operating-a-
business/running-your-business/signs-for-your-business
Plan of management
A plan of management is a detailed document that specifies the policies and procedures relating to
selling alcohol online or delivering alcohol. A plan of management is specific to each business and
demonstrates how the business intends to remain compliant with the law. As a delivery person,
you may be involved in reviewing this plan.
Your service provider should ensure that all staff receive refresher training before a high-risk
period and that there is regular communication during the period. Key RSAT principles should be
reinforced to reduce any possible alcohol-related harm and underage drinking.
Your service provider should also ensure that staff are aware of any upcoming local events or
community issues, such as being aware of emerging fake ID trends.
Some examples of strategies which your service provider may choose to implement include:
• ZERO-tolerance policy signage against delivery to minors, intoxication, and driver abuse on
the website
• driver and courier applications, toolboxes, regular communication including emails, text,
podcasts and newsletters for up-to-date information
• creating an interactive group to share information amongst drivers
• refresher training courses – particularly for newly identified risks
• a complaints and feedback register for consumers
• a temporary or permanent ban on customers with instances of violent or inappropriate
behaviour over a certain period
• collaborate with other same day service providers on strategies to combat emerging risks
and/or recent activities.
Top Tips
As a delivery person, you need to understand all plans, policies and procedures that
apply to same day alcohol delivery. You can suggest ideas, improvements, or
changes to these.
While many of the harm minimisation strategies outlined in this module are put in place by your
service provider, you will be the one delivering alcohol to the delivery recipient. You are in the best
position to minimise alcohol-related harms.
It’s important that you take appropriate measures to ensure you deliver the alcohol in a responsible
manner. Below is a flowchart to assist you in the end-to-end process of your delivery.
Your actions can result in significant penalties for you personally, and also for your same day
delivery provider.
Liquor & Gaming NSW promotes a voluntary culture of compliance through education, such as the
RSAT, and encourages responsible sale, supply and delivery of alcohol through industry best
practices.
Liquor & Gaming NSW applies an escalating enforcement response with industry workers who
demonstrate more serious, repeat or persistent non-compliance or behaviours that are against
public interest and community expectation for the liquor industry. Enforcement action is taken in
proportion to the seriousness of the non-compliance and the harm it causes.
Liquor & Gaming NSW’s approach to compliance and enforcement is underpinned by harm
minimisation principles.
What does this mean for you as a same day delivery person?
Being compliant means that you sell, supply and deliver alcohol to delivery recipients responsibly
and in accordance with the law. To be compliant with the NSW liquor laws:
✓ complete this RSAT course and the leave alcohol unattended if the nominated
knowledge test with Liquor & Gaming NSW recipient is not available to receive the
before you make same day deliveries in delivery. If the delivery instructions include
NSW an alternative address, you must take
reasonable steps to deliver the alcohol to
✓ only deliver between the hours of: the recipient at that address.
Sunday: 9am to 11pm
Other days: 9am and midnight deliver alcohol to an intoxicated person or
minor
✓ deliver alcohol to the adult as per the deliver alcohol if you believe that the alcohol
written instructions received from the is being supplied, or there is risk of supply
licensee or provider and verify the to a minor or intoxicated person
recipient’s age. deliver alcohol to alcohol-free zones,
✓ for anyone who looks under 25-years-old alcohol prohibited or restricted areas
view their ID deliver alcohol during cut-off hours
Identifying non-compliance
The first step in compliance action is to identify any breaches of the NSW liquor laws. In order to
identify a breach, Liquor & Gaming NSW may:
• receive complaints via various channels, including members of the public
(neighbours, parents etc)
• undertake targeted operations to identify a breach in the supply and delivery of alcohol to
minors or intoxicated people, and
• work in conjunction with NSW Police to conduct regular overt or covert inspections.
Reminder
Liquor & Gaming NSW will carry out controlled purchasing operations as part of its
compliance activities to investigate whether same day alcohol delivery providers or
their employees or agents are breaching laws relating to supply to minors. This means
that minors can be appointed, under the supervision of an adult Compliance Inspector,
to purchase or attempt to purchase alcohol. If a minor’s purchase is successful, a
provider, employee or agent can be liable for breaches of the law.
Liquor & Gaming NSW can enforce the NSW liquor laws through:
Penalties When
Warning notices for less serious offences with lower levels of risk and harm
Penalty notices for offences such as a breach of liquor licence condition
Licence conditions additional controls applied to liquor licences to address potential or
or orders actual risk
Incentives and applied to licensees as incentives for responsible service providers
demerit points system and sanctions to reduce repeated non-compliance with NSW liquor
laws
Disciplinary action taken on breach of liquor laws that may result in additional licence
conditions, or the suspension, cancellation, disqualification and/or
revocation of a licence
Prosecution for the most serious levels of offences and patterns of behaviour that
could lead to criminal conviction, financial penalties, forfeiture of
assets and/or imprisonment.
Penalties to individuals may apply to you as same day delivery providers or delivery persons
making same day alcohol deliveries to a minor or intoxicated person(s).
These regulatory actions are used to encourage positive changes in attitudes and promote
proactive compliance. In the end, it’s all about harm minimisation to keep the industry and
community safe from alcohol-related harm.
Penalties for offences under the liquor laws can cost up to:
• $11,000 for individuals
• $27,500 for corporations.
Enforcement action taken against you under the liquor laws can have lasting consequences and
lead to:
• the inability to work in the liquor or gaming industry
• the inability to attain a liquor licence
• negative impacts on your reputation
• preventing you from pursuing certain careers, for example a police officer or restaurant
owner.
The system rewards responsible service providers that comply with the liquor laws by discounting
the annual licence fees. On the other hand, in addition to any penalty or fine, providers who
commit a serious offence automatically incur demerit points.
Double demerit points attach to offences involving the sale or supply to minors, due to the
seriousness of these offences. These reflect the Government’s commitment to minimising the
alcohol-related risks of harm to minors.
Service providers who show they are unwilling to meet their obligations and incur multiple demerit
points can be removed from the industry.
Service providers who have received demerit points are not eligible for discounts on annual licence
fees and pay additional compliance risk loading fees the year after the demerit point was incurred
or imposed.
What can the demerit points system mean for you and your
service provider?
Remember that your actions as a same day alcohol delivery person making deliveries can directly
affect the likelihood of you or your service provider being subject to a regulatory scheme.
With this in mind, it’s really important that you always supply and deliver alcohol in a responsible
manner and discuss any concerns relating to the risk of harm and non-compliance with your
employer.
Upon successful completion of the RSAT knowledge test, Liquor & Gaming NSW will issue you
with a certificate of RSAT completion which will allow you to make same day alcohol deliveries in
NSW. The online test will only take about 15-20 minutes to complete.
Remember
From 1 December 2021, you must hold a Liquor & Gaming NSW issued Certificate of
RSAT completion to make same day alcohol deliveries in NSW.
More information
Visit the Liquor & Gaming NSW website to complete the RSAT knowledge test online:
https://www.liquorandgaming.nsw.gov.au/working-in-the-industry/training-to-work-in-the-
industry/getting-trained
Obtain an NSW RSA competency by completing the training in a classroom or online environment
through a Liquor & Gaming NSW approved training provider.
Obtain an NSW RCG competency by completing the training in a classroom environment through
a Liquor & Gaming NSW approved training provider.
Privacy training
If you work in the Kings Cross precinct and wish to operate an ID scanner, you will also need to
obtain a privacy competency by completing the Privacy training course online.
More information
Find out everything you need to know about all the courses available to you, including
RSA, RCG, privacy, and licensee training:
https://www.liquorandgaming.nsw.gov.au/working-in-the-industry/training-to-work-in-the-
industry/getting-trained
Scenario 1:
• Jake can conclude that the customer is showing reasonable signs of intoxication and
must be refused service under the law.
• he should politely apologise and explain to Steve that the NSW liquor laws prohibit him
from delivering alcohol to a person he believes to be intoxicated, and request Steve to
contact the service provider to re-schedule the delivery
• for his own safety, Jake must remain calm in such situations
• record the reasons for his non-delivery and return the order back to the store.
Scenario 2:
Based on the above facts, even though Donna is an adult and not intoxicated:
• Jake must politely but firmly explain to Donna that that he is unable to deliver as it’s
against the law for him to deliver alcohol where it might result in the supply to a minor
• record the reasons for his non-delivery and return the order back to the store.
Based on the above facts, even if Amy is an adult and not intoxicated, and it's not likely she is
purchasing the alcohol for her young child:
• Jake should be aware of possible reputational risks associated with a minor carrying
alcohol products
• Jake should politely request Amy to personally take delivery of the alcohol, and explain
that he cannot hand over alcohol to a minor
• Jake could politely offer to place the alcohol item inside the door for Amy, provided he is
satisfied the delivery is being made to her, and there are no other circumstances
suggesting otherwise
• Amy may also be able to put the basket down so he can hand it to her directly.
It’s important to note that the decision to refuse service is based on individual circumstances.
To refuse supply, the delivery driver must have reasonable belief that secondary supply may
take place.
Further, in the above circumstances where Amy appears to be under 25, it is also important
that Jake ensures that she has valid identification, and that she is 18 years or over, before
she can accept delivery of the alcohol.
Based on the above facts, even though the recipient is the nominated person for delivery as
per his service provider’s delivery instructions, the recipient is a minor:
• Jake must politely but firmly explain to the recipient that that he is unable to deliver as it’s
against the law for him to deliver alcohol to a minor
• that the customer should discuss this with his service provider
• record the reasons for his non-delivery and return the order back to the store.
Scenario 5:
• his responsibility under the law to deliver to the nominated recipient listed on his delivery
instructions, and that serious penalties apply
• that he cannot deliver if the purchaser is unavailable to receive the delivery and there is
no alternate adult nominated as per his delivery instructions.
Based on the above facts, even though the person claiming to be Jenny’s husband is an
adult and not intoxicated, he cannot accept the delivery on her behalf:
• Jake must politely explain to Jenny’s husband that he cannot accept delivery on behalf of
Jenny as he was not nominated as a recipient when the order was placed
• explain that under the law he can only deliver to the purchaser or an alternate adult
nominated by the purchaser, and that Jenny should contact his service provider to re-
schedule the delivery
• record the reasons for non-delivery and return the order back to the store.
• if the recipient’s identity and age match the written delivery instructions
• if the recipient is an adult, and not intoxicated
• his responsibility under the law to ensure delivery is made to the recipient or the
nominated adult on the delivery instructions, and the penalties that apply.
Based on the above facts, even though Tim is not a minor and is not intoxicated, Jake cannot
deliver the alcohol to Tim until he has verified Tim’s identity and age.
Where the recipient appears to be 25 years or older, but is unable to produce a valid ID, the
law requires that they sign a declaration stating their name and that they are 18 years or
over, before they can accept delivery of the alcohol. Most service providers provide a form
that customers must sign in such circumstances.
• Jake must ensure Tim completes this declaration before he delivers the alcohol to him, or
• if Tim refuses to complete the declaration, he must refuse delivery, record the reasons for
non-delivery and return the order back to the store.
Scenario 7:
• if the recipient’s verbal instructions are sufficient for him to consider leaving the same day
alcohol delivery unattended
• is he able to leave alcohol unattended when making same day deliveries?
• his responsibility under the law to check that the identity of the recipient matches the
delivery instructions, that the delivery is not made to a minor or intoxicated person before
proceeding.
Based on the above facts, even though Shelly (presumably) has authorised Jake to leave the
alcohol in her garden, the law DOES NOT permit leaving same day alcohol delivery
unattended as it may be accessed by minors.
• Jake should politely but firmly explain to Shelly that it’s against the law for him to leave
alcohol unattended when making same day deliveries, and explain the potential risk of
the alcohol being accessed by minors
• record the reasons for his non-delivery and return the order back to the store.