Legislative Council: Wednesday, December 07, 2016

Contents

Illicit Drugs

The Hon. D.G.E. HOOD (15:51): I rise today to speak about the increase in the use of illicit drugs in our community. According to the 2015-16 SAPOL annual report, illicit drug offences are again on the rise. According to the statistics contained in the report and elsewhere, illicit drug offences have increased by some 24.2 per cent, or 768 offences, over the period. According to SAPOL, one of the main reasons for this can be attributed to the 72.8 per cent, or 437 offences, increase in offences relating to possession and use of drugs. In the category of 'other drug offences', which includes the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia prohibited by law, there was an increase of 51.1 per cent, or 324 offences—a very substantial increase.

In addition to this, the number of general expiations issued by police has increased by 9.8 per cent, or 2,867 offences. When you consider that 2,867 offences represents only 9.8 per cent, it indicates that the number of offences is in the order of 22,000 per year. Again, the increase correlates to illicit drug use. SAPOL has stated that the rise in expiation notices is a result of a 28.9 per cent, or 1,615, increase in drug diversions. Based on this sharp increase in drug diversions, police are evidently placing more emphasis on the educational aspect of engaging with adult offenders using diversionary options.

Under the Controlled Substances Act 1984, a SAPOL officer must divert—that is, they have no discretion to do otherwise—an individual for the possession or consumption of a controlled substance, including possession of drug use equipment. For a child aged 10 to 17 years, this includes all illicit substances. For adults, possession of cannabis would not qualify a person to be diverted; however, a cannabis expiation notice would apply. Cannabis expiation notices have also increased by 6.6 per cent, with 601 more issued than in the previous year.

The Police Drug Diversion Initiative (PDDI) diverts people detected by police for simple possession drug offences to a health intervention, instead of to the justice system. Drug and Alcohol Services SA is responsible for the statewide coordination of the PDDI program, and supporting clinicians and health workers also help to administer the program.

The service provides a health-based assessment and provides for drug screening and brief intervention sessions of up to two sessions or ongoing treatment of up to eight intervention sessions, depending on the needs of the individual who has been diverted. Although this initiative has had a positive impact, unfortunately there is still a considerable number of those within the community who, to their own detriment, and to the detriment of the whole community in some cases, are ignoring the harm caused by illicit drugs.

These prohibited substances have caused and continue to cause considerable harm on our roads and in people's lives more generally. According to the SAPOL annual report for 2015-16, as recently reported by the Sunday Mail on the weekend, and as I mentioned in my question in the council today, some 5,569 drivers returned a positive drug test last financial year. In contrast, there were only 1,832 in 2010-11, so that is almost a threefold increase.

Surprisingly, 50,769 drug driver screening tests were conducted by police in 2015-16, which is actually 2,174 fewer than last financial year. In contrast to the just over 50,000 drug driver tests, there were over half a million (544,161) drink-driving tests conducted in the same financial year, almost 10 times the amount of the drug driving tests conducted. There have been calls for increased roadside drug screening tests, which is supported by the substantial increase of drug drivers on our roads.

Based on all the statistics I have quoted and the many others contained in the SAPOL Annual Report and other criminal offending reports, there needs to be one constant theme and that is that the use of illicit drugs is continually on the rise and the government must act. As the Minister for Police has said in this place, there is no silver bullet; however, reforming drug penalties and drug sentencing would go a long way to addressing this issue.

At the moment, drug penalties and drug sentencing are not adequate or in line with community standards. This is reflected by a very recent Sunday Mail poll, which I think my colleague the Hon. Mark Parnell might have referred to in his contribution, although he was referring to a different part of it of course, which found that some 61.7 per cent of respondents felt judges were 'out of touch with community values' and, moreover, that 74.2 per cent believed that penalties were 'too lenient'. Given all the statistics and strong views held by the community, the government needs to respond to this issue sooner rather than later as, clearly, it is getting out of hand.