Senior NSW government ministers putting together new approach to drugs

The departure of Gladys Berejiklian and her former deputy John Barilaro from state politics has cleared the way for a potential new drug policy in NSW.

Drug users caught by police with a small amount of drugs would be given a second chance and referred to health or social intervention programs, under a revolutionary bill being drawn up by cabinet ministers.

The plans, which stop short of decriminalising drugs, will expand the current system of fines handed out at music festivals for possessing small quantities of ecstasy, cocaine, heroin and ketamine, an anaesthetic used by vets.

They build on the state’s Cannabis Cautioning Scheme which since 2000, has given police the discretion to formally caution adults detected for minor cannabis offences rather than charge them.

The new bill, believed to be being worked on by Attorney-General Mark Speakman and Health Minister Brad Hazzard, will “tweak” the proposals which went before cabinet late last year.

Attorney-General Mark Speakman is preparing the bill. Picture: Tim Hunter.

While they had broad cabinet agreement, the fear of being accused of “decriminalising” drugs caused the government to panic and drop the bill.

This time around, two of the main opponents, former premier Gladys Berejiklian and former deputy premier John Barilaro, have announced their resignations from politics.

Matt Noffs, the head of the Ted Noffs Foundation – the country’s largest drug and alcohol treatment service provider for young people – backed the government taking small steps towards reform.

“The government has been taking sensible small steps towards safer and saner drug laws for many years and this would be another sensible small step,” Mr Noffs said on Monday.

Mr Speakman has long said that the war on drugs would not be won by a criminal solution alone and needs a joint health approach.

He is doing so with the help of Health Minister Brad Hazzard. Picture: NCA NewsWire/Bianca De Marchi

“The current criminal justice response is not stopping drug abuse,” he told The Telegraph on Monday. “If we’re to tackle addiction and address drug use, an improved health response, not just a criminal justice response, is required.

“We must find a better way to deal with low level drug offenders that helps them kick the habit, before it potentially destroys their lives. And we must ensure that there are sufficient and appropriate health services available to support them when they do.”

The bill is believed to be based around recommendation 12 of the Special Commission Of Inquiry Into The Drug Ice which called for a legislated police diversion scheme for personal drug use together with more resources for specialist drug assessment and treatment services.

Police Commissioner Mick Fuller told the ice inquiry that he did not support the removal of criminal offences for simple possession but supported a new police diversion scheme that ­included health and education.

On Tuesday premier Dominic Perrottet said drug rehabilitation would be a major focus of his government.

He said he backed Attorney-General Mark Speakman’s upcoming proposal which aims to allow offenders caught with small amounts of drugs to get a second chance.

“(Drug reform) has been in the too hard basket for too long. I want to see a significant focus and investment on rehabilitation,” he said.

“When the systems of the past don’t work and structures don’t work, things need to change and governments needto be brave and take them on.”

Mr Speakman said he was working with Health Minister Brad Hazzard and would be taking the proposals to cabinet “in due course”.

“What is clear is that we need to do something different in NSW with drug policy. We know locking people up and throwing away the key is not the answer,” he said.

“At the end of the day, a health response has to be front of mind. I and the health minister will take some proposals to the cabinet in due course.”