Interviews for compliance investigations

The Office of Liquor and Gaming Regulation (OLGR) investigates to assess whether relevant persons have complied with Queensland liquor and gaming legislation, including the Liquor Act 1992 and the Gaming Machine Act 1991. During investigations, an OLGR investigator or inspector may need to interview relevant people.

There is an interview process that OLGR officers follow and your assistance is appreciated when requested.

Location, date and time of compliance interviews

OLGR will contact the person to be interviewed during investigations. This can be done verbally, in writing or using both methods.

The investigator will propose a mutually convenient date, time and place for the interview to be held. Where possible, interviews will be held at OLGR premises where private interview rooms and recording equipment are available.

If the person to be interviewed cannot attend an interview at OLGR premises or another mutually convenient place, investigators may attend the licensed premises – without notice – to speak to that person. At this time the person is required to answer questions in accordance with legislative provisions. A reasonable time will be provided to allow for the person to make arrangements for a support person or legal representative to be present during questioning.

Answering compliance interview questions

A person being interviewed must not, without reasonable excuse, fail to answer questions asked by an OLGR investigator.

Under section 183 of the Liquor Act, an investigator has the power to require a person to answer questions if they believe (on reasonable grounds) that the person may be able to provide information relevant to the enforcement of the Liquor Act. Similar provisions appear in other Acts regulated by OLGR.

Reasonable excuse

Under the Liquor Act, a reasonable excuse for a person to not answer a question is if the person could incriminate themselves by answering that question.

Without reasonable excuse, failing to answer interview questions is an offence under the Liquor Act. The maximum penalty for this offence is $15,480 (100 penalty units). Penalties are current at 1 July. The values change each year on this date.

Similar provisions appear in other Acts regulated by OLGR.

Providing legal representatives and support persons

The person being interviewed has a legal right to have a legal representative and/or support person attend their interview. The details of these people should be provided to the OLGR investigator prior to the interview date.

A legal representative can provide legal advice and support to the person being interviewed.

A support person can support the person being interviewed but must not answer questions on behalf of the person being interviewed, or become involved in the interview in any way. The investigator may object (on reasonable grounds) to a particular support person attending an interview. In this case, the person being interviewed can arrange for another support person to attend.

Exclusion from an interview

An investigator may exclude the legal representative or support person from an interview if the investigator deems that person to be unreasonably interfering with the interview process.

Also consider...

• Find out more about compliance for liquor licensees and permittees.
• Learn about liquor fines and penalties for non-compliance.
• Take our compliance inspections for licensed venues refresher and test your knowledge with the quiz.