Queensland’s Drug Diversion Laws Face Fierce Opposition from Medical Bodies
Queensland’s peak medical organisations have strongly criticised the state government’s proposed plan to dismantle existing drug diversion laws, labelling the move as “dangerous and contrary to evidence.” The current “three-strike” program, established by the previous Labor government, provides individuals apprehended with small quantities of specific illicit substances with several opportunities to engage with diversionary programs before facing criminal charges.
Under the existing framework, first-time offenders are typically issued a warning. For subsequent offences, individuals are offered placements within programs managed by health practitioners. This approach prioritises a health-led response to drug use, aiming to address underlying issues rather than solely resorting to punitive measures.
However, the proposed legislation from the LNP government intends to significantly alter this system. The new laws would only allow first-time offenders to be referred to a drug diversion program. Any subsequent drug-related offences would then result in either fines or direct criminal charges.
Medical Professionals Advocate for Evidence-Based Policy
In a formal submission to the parliamentary inquiry, the Australian Medical Association Queensland (AMAQ) articulated the strong consensus among doctors regarding drug use. They stated that medical practitioners “overwhelmingly support a health approach to drug use rather than criminalisation of patients.”
The AMAQ’s submission emphatically condemned the government’s decision to repeal the laws underpinning the police drug diversion program, deeming it both “dangerous and contrary to evidence.” The organisation pointed out that the government’s move appears premature, as preliminary data already indicated the program was proving effective in reducing police costs and offering support to individuals struggling with drug use. Furthermore, the AMAQ highlighted that the program had not yet been afforded sufficient time for a thorough and comprehensive evaluation.
“This is a concerning feature of the Crisafulli government’s approach to life-saving programs, including pill testing, and we urge it to set aside ideology in favour of science,” the AMAQ urged.
The Queensland Nurses and Midwives Union (QNMU) echoed these sentiments in its own submission, expressing strong opposition to the proposed legislation. The QNMU believes that the Queensland Government’s decision to eliminate the current Police Drug Diversion Program (PDDP) is “imprudent and does not fully consider the available evidence and the implications that this will have on the individuals involved, their families, the criminal justice system, the health system, and the community.”
The union stressed that the Queensland government has a fundamental “obligation to make an evidence-based decision, not one based on unsound information and prejudice.”
Concerns Over Criminalisation and Public Safety
Introducing the proposed laws earlier this month, Police Minister Dan Purdie stated that the government’s intention was to crack down on what he described as “a gateway to addiction and criminal offending.” He argued that individuals could repeatedly be caught with dangerous substances like fentanyl and heroin and still avoid significant consequences, a situation he believes “must end.”
“We need to send a clear message that taking illicit drugs is not acceptable or safe,” Mr Purdie asserted.
However, the rationale behind scrapping the established three-strike policy has been questioned by the Queensland Council for Civil Liberties. President Michael Cope highlighted the potential unintended consequences of the proposed changes.
“The proposed new law risks turning offenders who would have been given two more chances under the existing law into de facto drug dealers, in terms of their likely penalties,” he noted in his submission.
Mr Cope further challenged the claims made by the Police Minister regarding community safety. “Despite the police minister’s repeated claims that tightening the drug laws for minor offences will increase community safety, the Council has been unable to find any evidence in support of this,” he stated.
“On the contrary, the best available science, based on a study of the NSW diversionary program, finds that alternatives to prosecution for minor drug offences is more likely to enhance public safety rather than reduce it.”
Further Scrutiny and Government Stance
A parliamentary committee is currently undertaking a thorough examination of all submitted feedback.
In a statement released on Monday, Mr Purdie reiterated the government’s position, asserting that the existing three-strike program sent “the wrong message to offenders that drug use carried no consequences.” This stance suggests a fundamental disagreement on the efficacy and messaging of the current diversionary approach. The debate highlights a critical juncture in Queensland’s approach to drug policy, with medical and civil liberties groups advocating for a continuation of evidence-based, health-focused interventions, while the government appears determined to pursue a more punitive path. The outcome of the parliamentary committee’s review will be closely watched by all stakeholders.
