Queensland Illicit Drug Diversion Initiative (QIDDI)
Drug diversion in Queensland
Diversion initiatives in Queensland arise from two sources:
- Queensland Illicit Drug Diversion Initiative (QIDDI). This is funded
by the Commonwealth under the COAG Illicit Drug Diversion Initiative and
includes:
- The Police Diversion Program for minor cannabis offences, and
- The Illicit Drugs Court Diversion Program in Brisbane (pilot program from March 2003).
- Drug Court Pilot Program. This is funded by the State Government and is a form of court diversion with special courts established to hear these matters.
More information about the Drug Court Program.
Objectives of the QIDDI
The aims of the QIDDI are to:
- provide offenders with an incentive to address their drug use early and, in many cases, before incurring a criminal record,
- increase the number of illicit drug users diverted into assessment, education and treatment, and
- reduce the number of offenders being convicted before the courts for possession of small quantities of illicit drugs.
Police Diversion Program
The Police Diversion Program is provided for under section 211 of the Police Powers and Responsibilities Act 2000 (PPRA 2000). Under the Police Diversion Program, people who are found in possession of 50 grams or less of cannabis and who meet the strict eligibility criteria are offered the opportunity to be diverted from the criminal justice system to attend a Drug Diversion Assessment Program (DDAP) rather than being charged for the offence.
There are strict eligibility criteria which must be met before someone is offered diversion by the police. Not all people caught with 50 grams or less of cannabis are eligible. A person is eligible if they:
- are arrested for, or questioned about, a minor drugs offence (ie, possession of not more than 50 grams of cannabis or possession of a thing for use, or that has been used, for smoking cannabis)
- have not committed another indictable offence in circumstances related to the minor drugs offence
- have not previously been convicted of an offence involving violence against another person
- admit having committed the offence during an electronically recorded interview, and
- have not been offered diversion on a previous occasion.
People identified as dependent on an illicit drug during the assessment are, upon completion of the DDAP, offered a referral to the closest available agency with programs in place to address these issues. Where appropriate, referrals to other drug and alcohol and/or other services are also made. It is important to note that participation in further treatment is voluntary and is not a requirement of the Police Diversion Program under section 211 of the PPRA 2000. The Program commenced statewide on 24 June 2001, and in its first 4 years over 28,000 people accepted the offer of diversion.
Queensland Health is the budget holder for the QIDDI and is responsible for the establishment and maintenance of a statewide network of assessment, education and treatment providers. This includes:
- establishment of a 24-hour Diversion Coordination Service to coordinate the activities of police and service providers;
- development of a standardised assessment and education treatment interventions for illicit drug users and training for health service providers in the use of the interventions, and
- selection of appropriately qualified and experienced service providers to provide assessment, education and treatment services for the Program.
Illicit Drugs Court Diversion Program
The Illicit Drugs Court Diversion Program is aimed at diverting all eligible offenders who appear in Magistrates Courts charged with possession of a small amount of an illicit drug for personal use.
Magistrates are permitted to sentence eligible and consenting offenders pleading guilty to offences of possession of a small quantity of drugs to a recognisance (a bond recorded before the Court) with a condition that the offender attends a Drug Assessment and Education Session (DAES). Attendance and completion of the assessment and education session means the recognisance ends without a conviction being recorded. If a diverted offender fails to attend the designated drug assessment and education session, a warrant is issued and the offender is returned to court to be dealt with again for the original offence.
In the case of juvenile offenders, the court proceedings are adjourned while the young person attends the DAES. If they successfully complete the assessment and education session, a finding of guilt is made against the young person but no conviction is recorded nor any further action taken. If the child fails to attend the session, the Magistrate sentences the child for the illicit drug offence.
A person is eligible to be offered the opportunity to attend a Drug Assessment and Education Session if they:
- are charged with an eligible drug offence
- appear before a Drug Diversion Court
- have not previously been convicted of (or are currently facing) charges of a sexual nature or a drug offence dealt with on indictment
- have not previously been convicted of an indictable offence involving violence against another person (other than certain offences specified in the Drug Diversion Amendment Act 2002), and
- have been offered a diversion on no more than one previous occasion (including Police Diversion).
An “eligible drug offence” is an offence against the Drugs Misuse Act 1986, section 9 (Possessing dangerous drug) or section 10 (Possessing things) if the drug and the quantity of the drug and another substance is less than the amount prescribed in a schedule of the Penalties and Sentences Act 1992. The Court must also be satisfied that the dangerous drugs or drugs were for the person’s personal use.
As with the Police Diversion Program, diverted offenders who are identified as having a dependence on an illicit drug are also offered a referral to an authorised provider of outpatient treatment programs.
The program was piloted in the Brisbane Magistrates and Brisbane Children's Courts from March 2003 to June 2005. During this time, 2070 people were diverted and the compliance rate was 95 percent.
The role of Queensland Health in the Program is the same as for the Police Diversion Program.
An evaluation report of the program is now available.
Future Initiatives
In 2006 the Queensland Government will trial a new drug diversion program, the Queensland Magistrate's Early Referral into Treatment (QMERIT) program. The aim of the QMERIT program will be to help suitably motivated drug offenders to overcome their problematic drug use and end their associated criminal behaviour through court enforced and supervised treatment programs. QMERIT will be a pre-sentence court diversion program and will be implemented using a health service delivery model. The initial sites will be Redcliffe and Maroochydore.
Contact
Alcohol, Tobacco and Other Drug Branch
Queensland Health
Telephone: +61-7-3234 0935
Email
This page last updated:
27 November, 2007
Review date: July, 2008
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