NSW Drug Overhaul Sees Users Offer Counselling Instead Of Court For Small Drug Offences

In a groundbreaking move, the New South Wales government is set to introduce legislation that diverts individuals caught with small amounts of illicit substances away from the court system and towards rehabilitation programs.

Attorney-General Michael Daley announced the proposed scheme, which aims to shift the focus from punitive measures to health-based interventions, during a recent radio interview.

Under the new changes, individuals found in possession of small quantities of illegal drugs may receive an on-the-spot fine of $400, giving them three options. They can pay the fine, dispute it in court, or opt for a mandatory counselling program administered by NSW Health.

Completing the counselling program satisfactorily will result in the fine being waived. Notably, this counselling option is available for the first two offences. However, if an individual is caught for a third time, they will be charged and sent to court.

"For the first time, we've got a mandatory pre-court, health-related drug intervention in NSW and that's the significance of this," Daley told Sydney radio station 2GB on Tuesday.

"We're treating the possession and use of small amounts of drugs - not commercial quantities, not supply, not manufacture - small uses will be treated under a health intervention."

Daley added that the discretion to offer counselling instead of fines or court proceedings would be at the discretion of police officers, who will consider the circumstances of the individual involved.

"This is about users, not dealers, and it utilises the existing criminal infringement notice or on-the-spot fine regime," Daley said.

The proposed reforms have garnered support from pollies, with Greens MP Cate Faehrmann highlighting their potential to shift the conversation around drug use from a criminal matter to a health issue.

Faehrmann also called for a reduction in police operations that target individuals suspected of carrying drugs for personal use, including sniffer dog operations in public spaces such as train stations, pubs, clubs, streets, and music festivals.

"This means scrapping sniffer dog operations at train stations, in pubs, clubs, and on the streets and at music festivals," Faehrmann urged.

"The Greens will continue to push for the removal of all penalties, including fines, for personal drug use and possession.”