Tuesday, 22 February 2022

Latrobe Valley Drug Court

Mr NORTHE (Morwell) (19:14): (6222) My adjournment debate is directed towards the Attorney-General in the other place. The action I seek from the Attorney-General is for the state government to commit funding in the upcoming 2022–23 state budget for the establishment of a drug court at the Latrobe Valley Magistrates Court. These are matters I have previously canvassed, back on 17 June 2020, by way of debate through the Justice Legislation Amendment (Drug Court and Other Matters) Bill 2020. That particular bill, which I supported, sought to expand the existing Drug Court to the County Court as a pilot in addition to establishing drug courts in the Magistrates Courts in both Ballarat and in Shepparton, which are now operating as I understand.

The concept of a drug court is a simple but successful one. When an alcohol or drug dependent offender is brought before the courts for low-level crimes, the magistrate can issue a drug and treatment order—DATO—in lieu of incarcerating the person. The purpose of the DATO is to ensure the person seeks treatment and support for their drug and/or alcohol issues. If the individual does not comply with conditions of the DATO, the magistrate can bring the person back to court and impose a custodial sentence.

Given the analysis and success of the Dandenong and Melbourne Drug Courts, it made absolute sense to expand the courts into the regions where individuals contending with drug and alcohol harm were interacting with the justice system. Despite the significant drug and alcohol harm in my community and unfortunately the associated criminal activity, it is very disappointing that Latrobe Valley has not been included in the Drug Court expansion program. In September 2020 I wrote to the former Attorney-General alongside a number of supportive local organisations, such as the Gippsland Primary Health Network, the Australian Community Support Organisation, the Latrobe Health Advocate, the Latrobe Health Assembly, the Latrobe Community Health Service and local police, who likewise share the view that a Drug Court in the Latrobe Valley is desperately needed.

There has been some recent publicity for the initiative proposed by Reason Party leader Fiona Patten in the other place that we decriminalise drugs and that police should have powers to issue a mandatory notice and referral for drug education or treatment to people believed to have possessed or used a drug of dependence. I have no problem with Ms Patten’s objective or intent in that we should be considering measures to divert people away from the justice system and provide a health response in interventions when it comes to drugs. But I would argue such interventions already partly exist in the way of Drug Courts, and I believe the focus needs to be on the expansion of Drug Courts into other jurisdictions like the Latrobe Valley. It is a sad indictment that in 2022 it actually depends on your postcode, where you live, as to whether your drug or alcohol dependency is treated in the courts as a health-related problem or in a punitive legal manner. I again call upon the Attorney-General and the state government to provide funding in the upcoming budget to establish a Drug Court in the Latrobe Valley Magistrates Court.