The NSW Government has announced reforms to drug diversion programs aimed at saving lives and preventing recidivism.
The main change is that police will have the power to issue a maximum of two $400 fines to people caught with small quantities of drugs, including ice, cocaine and MDMA.
Under the “two strike” policy, people will be encouraged to undertake a tailored drug and alcohol intervention program. If they complete the program, the fine will be waived. If not, the fine will be enforced by Revenue NSW.
It is still an offence to possess and use illicit drugs and police will retain the discretion to lay charges and issue court attendance notices. The maximum penalty for possessing a prohibited drug is 2 years imprisonment or a fine of $2,200, or both. The scheme will not apply to serious drug offences like drug supply.
Most low-level drug offenders who attend court receive a fine but receive minimum encouragement to engage with health and education services.
Empirical evidence shows that early intervention produces better health outcomes for individuals and eases the burden on the criminal justice system, hence reducing the likelihood of people reoffending. The new drug diversion program will not apply to the following:
- Drug supply, dealing or trafficking; or
- Drug production or manufacture; or
- Previously convicted drug dealers; or
- People who have large quantities of drugs; or
- People who have already received two fines for drug possession offences.
NSW Attorney General Michael Daley said he expects the scheme will divert thousands of people away from the court system each year.
“Formal contact with the criminal justice system only increases the likelihood of reoffending and this has knock-on effects on people’s employment, their housing and their relationships,” Mr Daley said.
“This approach to personal drug use and possession will also reduce pressures on the Local Court system and free up its resources to deal with more serious issues.”
The scheme will launch in early 2024.
