Reviewing BAT Notices

What is a BAT Notice?

Police can issue a Banning Alcohol and Treatment (BAT) notice that bans a person from purchasing, possessing or consuming alcohol for up to 12 months.  Each BAT notice is entered on the Banned Drinkers Register (BDR).

Which BAT notices can the Tribunal can review?

A banned person can apply to the Tribunal for a review of most types of BAT notice.

But a person can’t apply to the Tribunal to review a BAT notice given because he or she:

• has been summonsed or charged in relation to an alcohol related offence; or
• is the defendant named in a police Domestic Violence Order.

A person who wants to challenge one of those BAT Notices must apply to a court.

Reason for review

The only reason a person can apply for review of a BAT Notice by the Tribunal is if they believe the police officer made an error of fact or law in giving the notice.

Requirements for review

An application for review by the Tribunal must be:

• lodged with the Tribunal within 30 days after the date the BAT notice comes into force. (A BAT notice comes into force when it is issued, not when it is received by the banned person.) 

• lodged in the approved form. 

The application must:

• state the reasons for the belief that the police officer made an error of fact or law in giving the notice; and

• give all information and evidence available to the applicant to support the belief.

All evidence should be in the form of a statutory declaration that attaches any relevant documents.

The Commissioner of Police will be given a copy of the application.

 

To download the BAT Review Form go to the forms section