Queensland mishandles ‘double-edged sword’ of drug laws

3 minute read


The state government has announced repeals on drug diversion legislation to the dismay of addiction specialists who say the program is working.


The Queensland government has health groups worried after it announced it will be scaling back a long-standing drug diversion program in the state.

The three-strike drug diversion initiative gives first-time offenders a warning while second and third-time offenders are referred to a diversionary program operated by healthcare workers.

AMA Queensland has criticised the impending repeal, labelling it as a “short-sighted, disappointing move”.

“The point of these programs is to divert people who have had multiple contacts with the police and legal system to health support and treatment,” AMAQ president Dr Nick Yim said.

“The majority of people charged with a first offence do not come back into contact with police or require treatment.

“This legislation risks seeing people with serious health issues punished with large fines or even jail time, which will not help them get better.”

Experts specialising in addiction treatment have also panned the move, saying that it shifts the issue away from being considered a health issue to a criminal problem.

“History shows us that prohibition is more harmful than no prohibition,” addiction medicine physician Associate Professor Kees Nydam told The Medical Republic.

“More money ought to go into drug use as a health and as a social issue.

“I’m sure if we could improve housing, we would have an impact on drug use.

“If we could Improve the education system, where lots of kids aren’t alienated by the school system and are happy to stay within the school system, then you’d have a better outcome than trying to be tough and criminalised.”

Professor Nydam also outlined how the planned repeal does indicate a strong dissonance between the Queensland government and health professionals when it comes to health legislation.

“If you take into account who the current Queensland government power base is, it’s completely understandable, but they are playing to their voter base,” Professor Nydam told TMR.

“They’re misinformed, and certainly prohibition has left behind a long stream of dead bodies.

“Drugs are a two-edged sword, and to try and negotiate the right way in between is rather difficult, but you also have to have the community on board.”

The evidence shows the diversion program works.

“The data on the expanded program’s operation over the first 18 months showed it was working as intended, so it’s strange to see the government move to wind it back,” said Rebecca Lang, CEO of the Queensland Network of Alcohol and Other Drug Agencies.

“We know that health responses are more effective in responding to individual drug use and call on the government to prioritise health-based responses.”

Queensland’s homeless population and patients suffering from mental health challenges and effects of poverty are expected to bear the brunt of the legislation repeal.

Under the incoming legislation, first-time offenders would not receive a warning and be given a single opportunity to be referred to drug diversion, whereas repeat offenders will face on-the-spot fines and/or criminal charges.

Police would also be granted stronger powers in response to the changes with Queensland police minister Dan Purdie claiming that the current model had failed.

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