Page 3826 - Week 13 - Tuesday, 30 November 2021
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law is rife and experiences of discrimination within the criminal justice system are undeniable. We know that people from marginalised backgrounds are much more likely to end up in this system. The ACT Justice Reform Group pointed this out in their submission:
People who already experience marginalisation and discrimination, including Aboriginal and/or Torres Strait Islanders, people who are experiencing homelessness and people with mental health issues are particularly impacted by the criminalisation of drug use, and can find themselves caught up in the justice system rather than offered appropriate medical treatment. We know that criminalisation of drug use produces and extends disadvantage. For those already experiencing marginalisation, criminalisation can compound and entrench social exclusion and lead to poorer health outcomes. This is because criminalisation produces and legitimises significant stigma and because both stigma and incarceration currently reduce potential contact with AOD treatment services.
The criminalisation of drug use is not limited to possession. As the JRG points out, drug-related crime is significantly higher than direct drug offences. We need to work on ensuring that people who have a problematic relationship with drugs are provided with support to ensure that we can prevent as many people as possible from ending up in our criminal justice system. This includes ensuring that the fines that may arise out of a simple drug offence notice may be discharged through alternative means to make sure that people who are financially marginalised are not re-criminalised through an inability to pay a fine. Wraparound issues such as dealing with the housing crisis and ensuring security of housing for people with substance use issues are also of the utmost importance.
Decriminalisation goes hand in hand with destigmatisation. Decriminalisation encourages people to access support. The Ted Noffs Foundation, an organisation that works in Canberra with young people experiencing addiction, told us:
When getting referrals, and interacting with families of young people that have substance use issues, there has often been a delay in accessing treatment due to the negative stigma attached to people who use Alcohol and other Drugs. This stigma grows from drug use and addiction being treated as a legal issue rather than a health issue. These young people are seen as criminals and delinquents. Young people experiment with substance use. For some young people, this leads to addiction. Rather than seek support, young people hide in this addiction because they are fearful of the repercussions. Families of these young people don’t seek or delay seeking support, worried about how their children might be seen or how they may be judged. This amendment will help to shift the way the community sees substance use. This amendment will have a positive impact for those young people who have substance use issues, as their addiction will be seen as a health issue. It will mean that young people and parents will seek support much sooner.
Just before lockdown this year, I was lucky enough to meet with and visit their therapeutic site nestled in the foothills of Mount Majura. There I met with a number of young people using the services of Ted Noffs. I was struck by their resilience and their sparkiness. It was clear to me that these children needed care, mental health support and understanding, not punishment.
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