Controlled Substances (Simple Possession Offences) Amendment Bill

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:48): Obtained leave and introduced a bill for an act to amend the Controlled Substances Act 1984. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:49): I move:

That this bill be now read a second time.

This bill will amend the Controlled Substances Act 1984 to address an anomalous application of the Police Drug Diversion Initiative, which operates under that act to divert people charged with simple possession offences away from the criminal justice system into drug assessment for counselling and/or treatment. I seek leave to insert the remainder of the second reading explanation in Hansard without my reading it.

Leave granted.

The Police Drug Diversion Initiative (PDDI) was introduced in South Australia in 2001 through legislation under the Controlled Substances Act 1984 (sections 33L, 34-40). Under the PDDI, if a person is alleged to have committed a simple possession offence, ie possessing a small amount of illicit drugs, a police officer must refer the person to a nominated assessment service for assessment, which involves attending interviews and/or medical examinations. Underpinning the scheme is the notion that personal drug use is more appropriately and effectively addressed with a health response, rather than a criminal justice response.

It is important to ensure that the PDDI scheme is targeted appropriately, however. It has been brought to the Government's attention that the scheme can be invoked in unintended circumstances.

Regularly when a person is apprehended for manufacturing illicit drugs, the person is also found to have a small amount of the drug in their possession and therefore also charged with simple possession. In these circumstances the offending is not properly characterised as personal drug use, therefore this is not considered to be an appropriate application for the PDDI scheme.

To address this, this Bill will amend the Controlled Substances Act 1984 to preclude a person who is charged with a 'serious drug offence', as defined in the Bill, from being diverted under the PDDI scheme for a simple possession offence arising out of the same circumstances.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Controlled Substances Act 1984

4—Substitution of section 34

This clause substitutes a new section 34 to provide that the Division dealing with simple possession offences does not apply to a person who is alleged to have committed a simple possession offence and is charged with a serious drug offence (which is defined) arising out of the same circumstances.

Schedule 1—Transitional provision

The Schedule provides that a referral to an assessment service under the relevant Division before the commencement of the measure is unaffected.

Debate adjourned on motion of Mr Gardner.