Only 6 per cent of low-level drug offenders avoided court in the first months of NSW’s diversion scheme, as new data shows police rates of referral have varied widely depending on the alleged offender’s postcode and the substance found

Postcode lottery: Where police have shunned state’s new drug laws
We’re sorry, this feature is currently unavailable. We’re working to restore it. Please try again later.

Dismiss
Skip to sections navigationSkip to contentSkip to footer
Open NavigationMenu
The Sydney Morning Herald
ExclusivePoliticsNSWDrugs
Postcode lottery: Where police have shunned state’s new drug laws
ByMax Maddison
September 15, 2024 — 5.00am
Save

Normal text sizeLarger text sizeVery large text size
Only 6 per cent of low-level drug offenders avoided court in the first months of NSW’s diversion scheme, as new data shows police rates of referral have varied widely depending on the alleged offender’s postcode and the substance found.

A major Minns government drug reform, the pre-court diversion scheme allows those caught with small quantities of illicit substances to receive an on-the-spot $400 fine instead of a criminal charge.

Data provided to parliament by NSW Police and NSW Health showed only 468 people out of the 7010 caught with drugs in the first 23 weeks of the scheme received the fine, which can be subsequently waived in exchange for a 60-minute intervention appointment with a health professional.

The data, obtained through questions on notice by Greens MP Cate Faehrmann, showed MDMA (28 per cent) and cocaine (23 per cent) made up 249 of the 448 diversions, whereas those caught with methamphetamines overwhelmingly faced charges.

An individual could be counted in several categories if caught with multiple drug types.

It also revealed wildly inconsistent use of the scheme by different local police forces, with Auburn Police Area Command (PAC) diverting 52 per cent of people caught, while only 1.7 per cent were fined in neighbouring Bankstown.

Inner Sydney PACs recorded four of the top six rates of diversion: Sydney City (33 per cent), Eastern Beaches (24 per cent), Surry Hills (18 per cent) and South Sydney (17 per cent). Ryde, Parramatta, The Hills and Campsie police collectively diverted zero people onto the scheme, according to the data.

Indigenous people were also far less likely to receive a reprieve. Representing nearly 20 per cent of low-level drug possession charges across the period, only 8 per cent were fined and offered the health intervention.

The NSW Early Drug Diversion (EDD) program, heralded by Attorney-General Michael Daley as a means of easing pressure on the Local Court system, was implemented in late February.

Forty-six people who opted for the intervention had attended their appointment within the six-month period, the data revealed, while 157 people had paid the $400 fine.

Faehrmann blasted the implementation of the scheme as “fundamentally flawed” and “failing because of police discretion”. She noted one of the key recommendations of the ice inquiry was removing criminal offences for personal use of prohibited drugs.

“If the government genuinely wants to divert the tens of thousands of people in this state caught with a small quantity of drugs every year away from the courts, then it needs a different approach,” she said.

“The scheme is failing because of police discretion and the strict eligibility requirements which excludes people with prior drug convictions or if they’re caught with more than one type of illicit substance.”

Loading
She called for the requirement for people being diverted to not have a prior drug conviction to be eligible to be scrapped.

“Surely these are the very people that should be given the option of treatment instead of being sent to court,” she said.

Police Minister Yasmin Catley said the scheme was still “in the early stages” and the government would continue to monitor its implementation, including with a 12-month review.

“This scheme gives the NSW Police another avenue to address addiction, [and] crime and help reduce the likelihood of reoffending,” she said, adding, “if we can do better, we will”.

A NSW Police spokeswoman did not respond to questions about the scheme’s sparing use, variance by drug type or rates of Indigenous charges.

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.

Save
License this article
Drugs
Police
Yasmin Catley
Sun-Herald
Sydney
Max Maddison is a state political reporter at The Sydney Morning Herald.
Most Viewed in Politics
Loading
From our partners
The Sydney Morning Herald
Twitter
Facebook
Instagram
RSS
Our Sites
Classifieds
The Sydney Morning Herald
Products & Services
Copyright © 2024

Subscribe

There is no consistency between specific substances and quantities, government/ police is grossly incompetent