Perrottet rejects ice inquiry decriminalisation recommendation

The Perrottet government’s long-overdue response to the ice inquiry has stopped short of decriminalising drugs, while key recommendations will not be implemented before the March state election.

Premier Dominic Perrottet released the government’s $500 million response to the landmark review on Wednesday, ending two years and eight months of bitter internal fighting since it was handed down.

NSW Dominic Perrottet has formally rejected a recommendation from the ice inquiry to decriminalise illicit drug use.Credit: Brook Mitchell

The government will support 86 of the inquiry’s 109 recommendations with a range of health and drug reform strategies, including a “two strikes” policy to help low-level drug offenders bypass courts for health intervention programs.

Under the proposed scheme, low-level drug offenders could be issued a maximum of two criminal infringement notices at the discretion of police. The offender can avoid a financial penalty if they undergo a telehealth program or other intervention scheme.

Professor Dan Howard, SC, who oversaw the $10.8 million special commission of inquiry into the drug ice over 14 months, congratulated the government on committing “historic spending” to rehabilitation and expanding the drug and alcohol workforce.

“I’m very heartened to see one of the recommendations they will establish is a formal drug and alcohol strategy, which we have been missing for the last 12 years.”

The NSW government commissioned an inquiry into the drug ‘ice’ but had all but ignored its findings.

However, he said he was disappointed in the government’s unwillingness to decriminalise illicit drug use, arguing that fell short of “where the rest of the world is heading” in the approach to drug use and possession.

The premier defended the 32 months it had taken to respond to Howard’s final report, as well as his government’s hardline approach to decriminalisation.

“I will make it very clear that NSW government does not support the recommendation to decriminalise illicit drugs. Drugs have no place in our society,” he said on Wednesday.

“We need to send clear messages to people across the state to not take drugs. And then you deal with people who are in the system, [and] we provide the care and support and intervention to help them overcome that addiction”.

The government has vowed to commit $358 million to address health treatment gaps, more than $141 million in justice programs and an expansion of the Sydney drug court from one day to five days a week. A merit program that gives magistrates the discretion to divert drug offenders away from the court will also be expanded.

It has previously rejected inquiry recommendations for pill testing, expanding the medically supervised injecting centre, removing drug detection dogs and trialling a needle and syringe program in correctional facilities.

The response comes almost two years after the government broke its long-standing commitment to reply to the inquiry before 2021 after a controversial “three strikes” policy sparked a bitter dispute within the coalition.

The resulting “two-strikes” policy is largely similar to a pilot proposal taken to cabinet by NSW Attorney-General Mark Speakman in June this year.

Speakman on Wednesday said it was unlikely the “two-strikes” policy would be in place for the upcoming summer music festival season, with the government relying on advice from Chief Health Officer Kerry Chant and police as to the kinds of diversion support programs that would be offered.

“We also have to recognise that what’s important is getting people away from their addictions, away from the drug use and having health interventions,” he said.

“It’s certainly not the soft approach. It’s an approach that, on the one hand, sends an anti-drug message, but on the other hand, it’s therapeutic in getting people into treatment.”

Minister for Regional Health and Mental Health Bronnie Taylor said the $500 million package would support regional and rural towns where the impact of drug use, particularly ice, was most prevalent.

Associate Professor Nick Lintzeris, president of the Royal Australian College of Physicians’ chapter of addiction medicine, said the response was the most significant funding announcement for services in 20 years – and sorely needed.

“Things are much worse than when this report was written,” he said, noting a combination of increased drug and alcohol use during the pandemic and reduced services during lockdown had caused significant delays with service delivery.

Matt Noffs, chief executive of youth drug and alcohol treatment service the Noffs Foundation, praised the investment in evidence-backed drug courts and called for police leadership to educate officers in using discretion. “We don’t want to be arresting our way out of this,” he said.

Former premier Gladys Berejiklian announced the special commission of inquiry into the drug ice in November 2018.

Overseeing the inquiry, Howard heard evidence from health and judicial experts as well as emotional testimony from families and communities affected by amphetamine use.

While he commended the government’s response as a “good first step”, Howard expressed disappointment at the refusal to adopt pill testing or expand the medically supervised injecting program.

“There were 15 million needles distributed in needle and syringe programs last year. Injecting rooms have easily saved 10,000 lives since they have been in existence,” he said. “I’m saddened it’s not expanding. As a form of harm reduction, that is something we should definitely be doing.”

Shadow Attorney-General Michael Daley said Labor would examine the government’s response but indicated it would support any sensible propositions, “focused on both reducing use of illegal substances and reducing harm”.

Our Breaking News Alert will notify you of significant breaking news when it happens. Get it here.