Sydney Criminal Lawyers: NSW Government’s Drug Diversion Scheme is an Abject Failure

The Early Drug Diversion Initiative (EDDI), introduced by the Minns government earlier this year, has largely been seen as a failure. Despite years of public advocacy for drug decriminalisation, the scheme has only managed to divert a small percentage of individuals caught with minor drug offences.

Under the initiative, NSW police officers were given the discretion to issue a $400 on-the-spot fine to those caught with small amounts of prohibited drugs, or to offer them an alternative — a one-hour phone counselling session with the Alcohol and Drug Information Service.

Recently obtained statistics reveal that from the scheme’s implementation in February 2024 until August, police chose to charge individuals 6,332 times, while opting to divert only 436 people. This means that 93.6 percent of individuals who could have avoided arrest and a criminal record were instead prosecuted, despite the scheme being promoted as a harm reduction measure.

Critics argue that had the Minns government implemented a more robust decriminalisation strategy, thousands of people could have avoided the life-altering consequences of criminalisation for what is fundamentally a health issue. By failing to embrace a true harm reduction approach, the EDDI has allowed law enforcement to continue exacerbating the problem, leaving many to face the full weight of the criminal justice system.

In 2018, the Uniting Church NSW.ACT launched the Fair Treatment campaign, advocating for drug decriminalisation in both NSW and the ACT. 

Fair Treatment is supported by over 70 civil society and legal organisations in NSW, including the NSW Bar Association, the University of Sydney, Human Rights Watch, the NSW Council for Civil Liberties, Australian Lawyers for Human Rights, and the Australian Salaried Medical Officers Federation of NSW.

Despite pressure, Minns ruled out following the ACT’s decriminalisation path in August 2023 after media criticism, delaying the long-promised NSW Drug Summit. However, the summit is now scheduled to take place over four days in October and December.

 

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