Released 09/06/2022
The ACT Government has today agreed to decriminalise small amounts of the most commonly used and best understood illicit drugs by introducing a simple drug offence notice (SDON), continuing its nation-leading record of progressive health-focused reform.
Minister for Health Rachel Stephen-Smith today tabled the Government Response to the Select Committee Inquiry in to the Drugs of Dependence (Personal Use) Amendment Bill 2021, agreeing to support the Private Member’s Bill introduced by Michael Pettersson MLA with proposed Government amendments to ensure it meets the intent of harm reduction.
Illicit drugs are harmful and the ACT Government will continue to take a strong stance against drug dealers. This Bill does not change that view. Thresholds for trafficking offences will not change and the Government and ACT Policing will continue to work to reduce supply and prosecute dealers and traffickers through the justice system.
The Private Member’s Bill proposed the creation of an SDON as an option when a person is found in possession of a small amount of an illicit drug. The Government’s proposed amendments will retain the list of drugs proposed in the Private Member’s Bill other than methadone, which is regulated as a pharmaceutical drug. However, it will move the list of drugs to regulation to ensure flexibility in responding to changes in the market.
Police will retain discretion to respond to the circumstances of specific situations, having a range of options available including fines, diversion or cautions as appropriate. They will also still be able to prosecute people for other offences that occurred at the same time as the drug possession offence.
The ACT currently has one of the highest rates of diversion from the criminal justice system for drug possession offences in Australia. A YourSay Survey conducted in 2021 indicates that Canberrans overwhelmingly support drug decriminalisation and only one in 10 people supports imprisonment for drug possession offences.
Research indicates that rates of drug use are not strongly linked to levels of punishment for personal possession. However, the ACT Government will carefully monitor drug trends following the changes and will legislate a review of the legislation after three years.
To ensure Canberrans can access the help they need when they need it, the ACT Government invests more than $22 million each year in specialist alcohol, tobacco and other drug treatment and support services in the Territory. In 2019-20 the rate of (non-primary pharmacotherapy) clients receiving treatment was the second-highest in the country at 1,100 per 100,000 population – double the national average.
Comments attributable to Minister for Health, Rachel Stephen-Smith MLA:
“We know from research and evidence around the world that criminalising drug users does not reduce drug use and that treating drug addiction as a health issue improves outcomes for everyone in the community.
“The ACT has led the nation with a progressive approach to reducing the harm caused by illicit drugs, through diversion, health treatment and reducing the stigma for those most vulnerable and at risk in community and this commitment continues our approach in line with community expectations.
“The Government will ensure through amendments that the principle of harm reduction is front and centre of our approach to this change, by ensuring that discretion for ACT Policing is retained and that diversion is legislated and put on an equal footing with the SDON.
“This legislation is part of our broader suite of policies developed in partnership with experts, people with lived experience and our alcohol and other drug sector to support those most in need to get they help and services they need when they need them.
“In the past three Budgets, an additional $20 million has been invested to upgrade treatment facilities, begin the construction of new facilities and expand life-saving programs like the needle-syringe program and primary care outreach services delivered for those most in need. The Government will continue to invest in this sector including through the delivery of a dedicated Aboriginal and Torres Strait Islander residential rehabilitation facility, static pill testing pilot and more dedicated and targeted services.
“I acknowledge the advocacy, passion and expertise of all those who shared their personal stories and experiences with the Select Committee examining the Bill, and I thank ACT Policing and the ACT Health Directorate for their collaboration to ensure the best results for our community.”
The Government agreed with eight recommendations, agreed-in-principle with eight recommendations and noted one.
- Statement ends -
Rachel Stephen-Smith, MLA | Media Releases