New approach to save lives

• Queensland’s Police Drug Diversion program will be expanded to include the minor possession of all types of drugs by implementing a new tiered approach:

• • 1^st minor drug-possession offence - a police officer issues a warning, accompanied by a drug warning notice and a police referral to a support service.
  • 2^nd and 3^rd minor drug-possession offence - a police officer offers the opportunity for the person to participate in a mandatory Drug Diversion Assessment Program.
  • 4^th minor drug-possession offence - a police officer issues the offender with a notice to appear in court.
• Tough approach to drug traffickers; the penalty for drug trafficking will increase from 25 years imprisonment to life imprisonment.

Queensland Police will have new powers when it comes to dealing with people found with small quantities of drugs.

This is about helping people, who are often young, deal with a health issue.

Currently Police have the power to divert people found with small quantities of cannabis to a drug diversion assessment program.

This new legislation will extend that power to other drugs and provide a tiered health response.

This will bring Queensland in line with all other jurisdictions across the nation.

According to police, diversion programs result in the majority of those individuals never having contact with police again.

In Queensland each year, police will come across approximately 20,000 people in possession of a small quantity of drugs for their own personal use.

Currently police can spend around 9 working hours processing a minor drug offence case through to its conclusion in court, where the individual who has been charged may not receive the early intervention from health experts they may need.

Expanding the police drug diversion program will free up police time to focus on serious drug offending such as drug supply, trafficking and manufacturing, while keeping people with a health issue out of the judicial system.

It’s a commonsense approach based on the evidence that if you divert people early to health and education services, they are less likely to reoffend.

It’s about preventing crime.

At the other end of the scale, the penalties for those intent on spreading misery throughout the community via trafficking dangerous drugs, will increase significantly.

The trafficking of dangerous drugs results in significant economic and social harm to the community and the increase in penalty will make it clear there is zero tolerance to this form of drug offending.

The penalty for someone convicted of drug trafficking will increase from 25 years imprisonment to life imprisonment.

Quotes attributable to Police Minister Mark Ryan:

“The courts get needlessly clogged with minor cases that are really a health issue.

“The individual doesn’t get the help they need.

“And police spend thousands of hours that could be better focussed on targeting the drug traffickers.

“The police support this approach.

“Every one of the Queensland based Police Commissioners since the Fitzgerald era supports this approval.

“Health experts support this approach.

“It’s a common-sense approach.

Quotes attributable to Health Minister Yvette D’Ath:

“If we can get drug users into diversion programs and keep them out of the criminal justice system, that benefits the entire community.

“The Palaszczuk Government recognises mental health is often a factor in drug use and is investing $1.645 billion over the next five years into the Achieving balance: The Queensland Alcohol and Other Drugs Plan 2022–2027 and the Better Care Together – a plan for Queensland’s state-funded mental health, alcohol and other drug services to 2027.

“Drug diversion is a key component of the Achieving Balance plan, released last year.

“By drawing on the best evidence-based practices we can start treating drug use as a health problem instead of a criminal issue.

“This means we can get people into intervention programs that include therapeutic and psychosocial support, and interrupt a pattern of offending.”

“Addressing health inequalities experienced by First Nations people and communities, is a focus of the Better Care Together plan, with the development and delivery of culturally safe and capable treatment, care and support.”

Quotes attributable to Attorney General Shannon Fentiman:

“This was a recommendation of the Women’s Safety and Justice Taskforce, which said that the Government should consider adopting a health system response to certain drug-related offences.”

“I am proud that the Palaszczuk Government is continuing to act on the Taskforce’s recommendation, including through expanding drug diversion options.”

Quotes attributable to Police Commissioner Katarina Carroll:

“I wanted this reform because research shows that if you divert people early to health and education services they are less likely to reoffend.”

“And I know that my esteemed predecessors as Police Commissioner also wholeheartedly back this reform.

“It just makes sense.

“Police will continue their tough enforcement action in taking dangerous drugs off the streets of Queensland.

“Saving police time by expanding drug diversion for minor offences would enable officers to target drug manufacturers and traffickers domestically and internationally.”

Quotes attributable to former Police Commissioner Jim O’Sullivan:

“I strongly support any measure that might successfully divert young people from the court system and potentially give them a chance in life.

“Such measures have my strong support.”

Quotes attributable to former Police Commissioner Bob Atkinson:

“There have been many young people who have obtained a criminal history only because of the possession of a small quantity of illegal drugs for personal use who would never otherwise have been in the criminal justice system.

“This initiative provides a sensible and beneficial option in that regard.

“Our response to illegal drug use should have as many options as possible - this doesn’t mean they get off but that they have chances to make better choices.”

Quotes attributable to former Police Commissioner Ian Stewart:

“For years, Queenslanders have accepted successful drug diversion programs aimed at alcohol and more recently cannabis.

“This expansion of the drug diversion program announced by the Government today is a step in the right direction to treat rather than criminalise minor drug use.

“By expanding the already successful drug diversion programs in our State, the Government has today provided further opportunities for those suffering drug addiction to access health treatments and offer alternative outcomes for minor drug users other than a criminal history.

“Expanding drug diversion in Queensland will free up police to concentrate on recidivist criminal offenders, and those who profit from the tragedy of drug addiction particularly among our youth.

“Expanding drug diversion is not about going soft on crime. Just the opposite. It is a way of offering real hope to those caught up in drug use and providing a proven pathway to better personal wellbeing away from the criminal justice spiral.

“Increasing penalties for drug trafficking in the State while broadening the ability of police when dealing with minor personal drug use, shows a commitment to going hard on the real criminals involved in the drug trade.

“Enabling our police to have greater choices when dealing with minor drug users is a win/win for society and all involved. Diversion for some is a better outcome than the potential harsh realities of the criminal justice system.”

Quotes attributable to former Queensland Corrective Services Commissioner, Professor Peter Martin:

“The expansion of drug diversion is an effective policy approach in dealing with complex illicit drug issues. 

“It has been shown to be effective in addressing illicit drug use, by intervening to address the low level possession and use of such drugs while at the same time allowing law enforcement to focus their efforts on those that profit from the illicit drug trade, such as producers, suppliers and traffickers. 

“The reasons that people use illicit drugs is complex. 

“For those that possess small amounts of illicit drugs for personal use the consequences of a conviction can be life changing. 

“It can stigmatise the individual, stifle their prospects for work, damage relationships and prevent them from travel overseas. 

“These factors make it more difficult for an individual to break the cycle of drug use.

“Expanding drug diversion, in the manner proposed, is a sensible and humane approach, to this very vexed and challenging whole of society issue.” 

Quotes attributable to former Australian Federal Police Commissioner Mick Palmer:

“I welcome the government’s decision to implement a diversionary approach to the use and possession of drugs.

“For far too many years otherwise law-abiding and decent young men and women have suffered convictions for the simple use and possession of drugs where no other offence of any type has been involved.

“The convictions have not infrequently impacted very negatively on their career options and prospects and have quite frankly served no useful purpose, as the current levels of drug use continue to show.

“If we hope to be successful in dealing with drug related conduct and offences, we need to start focusing far more strongly on the causes rather than just the symptoms, and the more options that are available to governments and police, the better the prospects of success or improvement are likely to be.”

Quotes attributable to the Chief Executive Officer of the Queensland Network of Alcohol and other Drug Agencies, Rebecca Lang

“Expanding drug diversion is a great first step in prioritising heath based responses, which we know are the most effective way to reduce drug related harm.”

Quote attributable to the Chief Executive Officer of the Alcohol and Drug Foundation, Dr Erin Lalor:

“For people who do have issues with their drug use, often this has more to do with the other challenges they might be facing. In these situations, our role as a community is to help them with the support, they need to be healthy and well.”

“Treating drug use as a health issue has many benefits for individuals, families, and communities, including less problematic drug use, fewer drug-related deaths and disease, reduced stigma and more people reaching out for help.”

“Criminalisation of drug use leads to negative stigma, which we know can stop people from reaching out for help and support when they need it most. We also know that jail time or having a criminal record for drug possession has negative impacts on the people involved, their families, and their communities, including reducing employment opportunities. Sadly, we know that this can affect families and communities over generations.”

“A health-based approach to drug use is key to reducing stigma and serious harms, including death.”

Quote attributable to AMA Queensland President Maria Boulton:

“We’ve been calling for this change since 2021.

“We convened a roundtable of experts from medicine, the law, law enforcement and the community and the consensus was our law needed to change.

“Our focus has to be on helping people to stop their drug use, not seeing them end up in the criminal system.

“We know that in countries like Portugal, diversion strategies have led to increases in people getting drug addiction treatment, a drop in drug-related deaths and fewer people in prison.”

ENDS

Media Contacts

Phil Willmington (Minister Ryan’s Office) – (07) 3035 8300

Cullen Robinson (Minister D’Ath’s Office) – 0418 170 474

Phoenix Campbell (Attorney-General’s Office) – 0439 949 719