February 28 2024
The Royal Australasian College of Physicians (RACP) says a new drug diversion scheme rolling out in NSW tomorrow is a positive step towards treating drug use through a health lens and reducing drug harm.
However, medical experts are concerned that the application of the drug diversion scheme still allows for police discretion, which they say can lead to inequitable outcomes for Aboriginal and Torres Strait Islander populations and a range of other community groups.
The RACP says it’s common to see individual discretion negatively impact these groups, and is calling on the drug diversion program to be applied universally without discretion.
The new diversion program means that police are given the ability to issue on-the-spot $400 fines for personal use and small quantities of drug possession. However, the fines will be waived if a tailored drug intervention program is completed.
As the diversion fines will only be issued a maximum of two times, it may be effective in targeting occasional users, but will still likely end up criminalising vulnerable individuals who use drugs regularly.
The announcement by the NSW Government was made in October 2023 and the drug diversion program will start tomorrow, 29 February 2024.
President of the Australasian Chapter of Addiction Medicine, Professor Adrian Dunlop says “The way that we currently respond to drug use in NSW negatively impacts the most vulnerable people in our population and does little to prevent users from further drug harm.
“The drug diversion program is well overdue in NSW and brings the state up to speed with others around Australia.
“Drug use should be treated through a health lens, not a criminal one. And a drug diversion program in NSW is an important step towards this.
“Evidence shows that Aboriginal and Torres Strait Islander people are more likely to receive a criminalised response compared with other groups when discretion is applied.
“Aboriginal people found with cannabis are four times more likely to be charged, rather than being diverted from court under the existing cannabis cautioning scheme compared to non-Aboriginal people. Given this, we would like to see a move towards a more uniform application of drug laws so that drug use and dependence are responded to equitably and using a health lens.
“The RACP supports a clear focus on the health, safety, and wellbeing of people as an alternative to a ‘law and order’ response.
“We need to ensure that an appropriate assessment and tailored intervention is performed by qualified and suitably experienced health care workers, that these interventions are available to everyone, regardless of where they live, and that people are appropriately assessed, and provided with relevant information/education and assistance. These interventions need to be paired with a focus on evidence-based harm reduction strategies and adequate resourcing of the treatment system and workforce.”