Understanding Queensland’s Drug Diversion Program: Alternatives to Criminal Conviction

In Queensland, the Drug Diversion Program offers a progressive approach to addressing drug offences, by providing an alternative path for those facing drug charges. This initiative aims to reduce the number of drug offenders entering the criminal justice system while providing early intervention and education. Let’s explore the details of this innovative approach to drug offences in the Sunshine State.

What is the Queensland Drug Diversion Program?

The Queensland Drug Diversion Program is designed to provide an alternative to criminal conviction for individuals caught with illicit drugs. There are three main types of drug diversion in Queensland:

  1. Police Drug Diversion Program
  2. Court Drug Diversion Program (also known as the Illicit Drugs Court Diversion Program)
  3. Drug and Alcohol Assessment Referral (DAAR) program

These programs collectively aim to:

  • Reduce the number of drug offenders entering the criminal justice system
  • Provide early intervention for drug users
  • Offer education and treatment options instead of punitive measures
  • Address the underlying issues contributing to drug use

Queensland Government – Drug Diversion

Who is Eligible for Drug Diversion?

Eligibility criteria vary between the programs:

Police Drug Diversion Program:

  • Arrested for possessing a small quantity of any illicit drug for personal use
  • Can be offered diversion up to three times for minor offences
  • No prior convictions for violent offences

Court Drug Diversion Program:

  • Must plead guilty to eligible drug offences in a Magistrates Court or Children’s Court
  • Offences include possessing dangerous drugs, possessing things used in connection with drug offences, and failing to take reasonable care of or dispose of a syringe

DAAR Program:

  • Available for adult defendants (18 years and over)
  • No specific charges exclude participation
  • Can be used for offenses related to both drugs and alcohol

Queensland Courts – Drug and Alcohol Programs

It’s important to note that selling or trafficking drugs automatically disqualifies an individual from these programs.

The Drug Diversion Process – What to Expect

If you’re offered drug diversion, here’s what typically happens:

  1. Assessment: A qualified health professional evaluates your drug use and overall health.
  2. Education Session: You attend a mandatory drug education session, usually lasting 60-90 minutes.
  3. Personal Plan: The service provider works with you to develop a plan to address your drug use.
  4. Follow-up: You must complete the program requirements as specified.

Benefits of Drug Diversion

Participating in drug diversion can offer several advantages:

  • Avoidance of a criminal record (upon successful completion)
  • Access to professional help and resources
  • Opportunity to address underlying issues contributing to drug use
  • Reduced likelihood of reoffending
  • Potential for improved health outcomes and quality of life

Recent Changes and Their Impact

As of February 2023, Queensland has expanded the Police Drug Diversion program to include all types of drugs, implementing a new tiered approach:

  1. First offence: A warning and referral to support services
  2. Second and third offence: Opportunity to participate in a mandatory Drug Diversion Assessment Program
  3. Fourth offence: A notice to appear in court

This expansion reflects a growing understanding of addiction as a health issue rather than purely a criminal matter. The changes aim to provide more opportunities for individuals to access support and treatment, potentially reducing the burden on the criminal justice system.

Queensland Government – New approach to save lives

Implementation and Community Impact

The expanded program is expected to have a significant impact on Queensland communities. According to government estimates, approximately 17,000 minor drug offenders could avoid prosecution during the first year of implementation. This shift benefits individuals and can potentially reduce court backlogs and allow law enforcement to focus on more serious drug offences.

Queensland Government – Better Care Together plan

The expansion is supported by the Better Care Together plan, which includes a $1.645 billion investment over five years to improve mental health, alcohol, and other drug services. This comprehensive approach aims to address the underlying issues that often contribute to drug use and offending.

Challenges and Future Developments

While the Drug Diversion Program has been largely successful, potential areas for improvement include:

  • Increased funding for rehabilitation services
  • Extension of the program to cover a broader range of offences
  • Integration with mental health services for more comprehensive care
  • Improved access to diversion programs in rural and remote areas
  • Enhanced follow-up support to reduce recidivism rates

Queensland Health – Alcohol and Other Drugs Treatment Services

Legal Considerations and Rights

It’s important for individuals facing drug charges to understand their rights and the potential implications of participating in a diversion program. While these programs offer many benefits, they may not be suitable for everyone. Factors to consider include:

  • The nature and severity of the offence
  • Previous criminal history
  • Personal circumstances and health needs
  • Potential impact on employment or education

Legal Aid Queensland – Drug offences

Conclusion: A Step Towards Rehabilitation

Queensland’s Drug Diversion Program represents a significant shift in approaching drug offences, focusing on education and treatment rather than punishment. It offers individuals a chance to address their drug use without the lasting impact of a criminal record.

If you’re facing drug charges, it’s crucial to understand your options. Seek legal advice to determine your eligibility for the program and to navigate the legal process effectively. Remember, with the right support and resources, overcoming drug charges and addressing substance use issues is possible.

For immediate support or information, contact the Alcohol and Drug Information Service (ADIS) at 1800 177 833.

Queensland Health – Alcohol and Drug Information Service

Need Expert Legal Guidance?

If you’re looking for a criminal lawyer in Queensland to help you navigate drug charges or the Drug Diversion Program, Smith Cambridge Lawyers is here to assist you. Our experienced team specialises in drug-related offences and can provide expert guidance through this complex legal process.

Smith Cambridge Lawyers offers expert criminal defence services and can assist with charges ranging from assault to drug offences. For more information or to schedule a consultation, explore our articles or get in touch for a free consultation.