The New South Wales government has categorically ruled out decriminalisation in its long-awaited response to a landmark inquiry into drug laws in the state, but will expand pre-court diversion for people caught with illicit substances.
On Wednesday the government finally released its response to the recommendations from Prof Dan Howard’s scathing inquiry, announcing a $500m investment in health and justice reforms.
The package unveiled by the premier, Dominic Perrottet, includes $358m to address “treatment gaps” in drug and alcohol services, as well as justice initiatives including an expanded drug court and a new pre-court diversion scheme for people caught with small amounts of drugs.
But, as had been widely anticipated, Perrottet ruled out adopting the key plank of the report: the complete decriminalisation of drug possession in NSW.
“There are many perspectives, people have been hurt by the scourge of drugs,” he said.
“I disagree with decriminalisation [and] I want to make very clear the NSW government does not support the recommendation to decriminalise drugs in NSW.
“This is the balance you have to get right. We need to send clear messages to people across the state to not take drugs. And then you deal with people who are in the system ... you need to provide the care and support and intervention to help them overcome that addiction.”
It has been 32 months since Prof Howard handed over 109 recommendations from his inquiry, which was commissioned by former premier Gladys Berejiklian in 2018 after a spate of deaths.
Initially focused on the drug ice, the terms of the inquiry were later widened to include “other illicit amphetamine type stimulants” such as MDMA.
The findings of the inquiry, which cost $10m through more than a year of public hearings, were damning of the state’s approach to drug addiction. Howard said decriminalisation was “the bare minimum of change” needed to overhaul a justice system which he labelled “tired” and “lacking in imagination”.
But beyond immediately ruling out some of his key recommendations – such as the use of pill testing at music festivals and an additional supervised injecting room – the government had not responded until now.
Behind the scenes the attorney general, Mark Speakman, had privately been pushing for his government to adopt some of the recommendations, but faced pushback from conservative elements in cabinet.
One of the key reforms announced on Wednesday is similar to one he publicly floated earlier this year, in which existing pre-court diversion schemes will be expanded to include all illicit drugs.
People caught with small amounts of illicit drugs will face fines – probably about $400 – but will not be charged for a first offence. The use of the scheme will be subject to police discretion, and will not be available for people convicted of certain types of offences.
Those carve outs – already in place for other diversion schemes in NSW – have been found to lead to some groups, particularly Indigenous people, being charged and sentenced for low level drug offences in disproportionate numbers.
On Wednesday Speakman said police discretion was necessary for “community confidence in what we’re doing”, but the Uniting Church general manager for advocacy, Emma Maiden, warned it would exclude people who most needed diversion.
“The announcement on diversion is only in principle, has $400 fines and only offers two chances to change behaviour,” she said.
“That risks excluding the people with more serious drug dependency and who will benefit most from a non-policing approach to their behaviour.
“A large part of the reason why people with drug dependency don’t reach out for help sooner is because of the criminal consequences of drug use. It’s also the reason people don’t tend to disclose their drug use to family, friends or health professionals. This is why a better diversion approach is needed.”
However, he said it was unlikely that the details of the package – including the diversion scheme – would be introduced before the state election in March. That prompted immediate criticism from the Greens MP Cate Faehrmann, who said it was “cowardly”.
“After delaying their response for nearly three years they are now delaying any program to divert people from the courts and remove criminal penalties for drug use until after the election,” she said.
