Police ‘reject eligible offenders from drug scheme’

A NSW crime statistics report has found police are rejecting eligible offenders from the state’s Early Drug Diversion Initiative, with Aboriginal people sent to court for minor drug offences more often than non-Aboriginal people.

The scheme was introduced in February 2024 to offer a $400 fine or telehealth support for low-level possession instead of a court appearance and possible criminal record.

The NSW Bureau of Crime Statistics and Research (BOCSAR) examined 11,751 minor drug‑offence incidents recorded by NSW Police in the first year of the scheme. The analysis found fewer than 10 per cent of offenders were eligible for diversion under the EDDI.

Key Points

The report stated police disproportionately used “discretion” to reject eligible offenders, especially Aboriginal people and those from lower socio-economic areas. Police diverted only about eight per cent of eligible Aboriginal people, while non-Aboriginal people were diverted 25 per cent of the time, according to the data.

Differential diversion and who benefits

The findings indicated people from more affluent areas, festival goers and those without a criminal history were most likely to be diverted and avoid court. When launched, NSW Police said the program aligned with the Closing the Gap target to reduce the over‑representation of Aboriginal people in the criminal justice system. The latest data cited in the article stated that target is worsening.

The Early Drug Diversion Initiative applies to low‑level possession of drugs such as cocaine, MDMA and ice. A separate diversion scheme already exists for minor cannabis possession offences.

Scheme design

When the program began, NSW Attorney‑General Michael Daley said he hoped it would reduce minor matters reaching the courts by directing people to health supports. Under the EDDI, police were given discretion to issue on‑the‑spot fines to people found with small quantities of drugs, alongside access to health services via telehealth.

BOCSAR director Jackie Fitzgerald criticised what she called the scheme’s “narrow eligibility criteria”. She reported that most people were ineligible because they had a concurrent offence or were found in possession of more than the legislated threshold quantity. She said the scheme had not delivered on its aim of diverting drug users from courts and connecting them with health services.

Ms Fitzgerald said a health‑informed response would help people avoid the stigma and longer‑term harms linked to a criminal record. She also said broader access to diversion could support efforts to reduce Aboriginal people’s contact with the criminal justice system.

Those conclusions were consistent with the data showing low diversion rates for eligible Aboriginal people and higher diversion among people from wealthier areas, festival environments and with no criminal history.

Aboriginal Legal Service response

Aboriginal Legal Service acting chief executive Sharif Deen said the current approach was not working to help Aboriginal communities. He said that even when police had the option to divert an Aboriginal person away from court, officers were choosing to charge them, forcing criminal punishment.

He argued this contradicted the policy’s stated alignment with the government’s Closing the Gap commitments and called for limits on police discretion.

“This flies in the face of the government’s Closing the Gap commitments,” he told the ABC.

The article noted the latest data showed the Closing the Gap target for reducing the rate of Aboriginal and Torres Strait Islander adults held in incarceration was worsening.

Treatment sector perspective

Joe Coyte, director of The Glen — the largest Aboriginal community controlled drug and alcohol rehabilitation service in NSW — said many clients had experienced poverty, homelessness or poor mental health, making recovery difficult. He identified access to the diversion scheme as another barrier, saying those who needed the program most were often left out, while a small, low‑risk group benefited.

Mr Coyte said the number of Aboriginal people being rejected “should concern everyone.” He added that any diversion scheme that does not work for people with prior justice contact will under serve Aboriginal communities, and that most who would benefit from the EDDI did not even know about it. He said good intentions alone would not deliver better outcomes without improved design and implementation.

Police and government response

Police Minister Yasmin Cately said the scheme “isn’t working as well as we would all like it to,” while arguing it ensured offenders were not avoiding consequences. She rejected suggestions that police deliberately excluded particular groups from the EDDI and said officers were there “for everybody.”

A NSW Police spokesperson said officers consider each instance where an offender could be eligible for the EDDI on a case‑by‑case basis. The BOCSAR report, however, underscored that discretion was being applied in ways that reduced diversion for eligible Aboriginal people and those from poorer backgrounds, and increased the likelihood of a court appearance.

As authorities weigh the first year of the EDDI, BOCSAR’s analysis and sector feedback point toward concerns about access, equity and scope. The findings raise questions about whether the program, as designed and implemented, can meet its stated objectives to reduce low‑level drug matters in court and support the Closing the Gap target on incarceration.