Page 3809 - Week 11 - Thursday, 24 November 2022
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Court to make drug and alcohol treatment orders, or DATOs, that fully suspend a sentence of imprisonment where certain conditions are met.
In 2019, the government commissioned an independent evaluation of DASL by criminologists from the Australian National University Centre for Social Research and Methods, and their report was publicly released on 9 August 2022. The findings of the report were positive and included recognition that DASL is diverting Aboriginal and Torres Strait Islander people from custody in the first instance: resulting in marked improvement of drug use scores; contributing to improved social integration acts under areas such as mental health, employment and relationships; and reducing reoffending. The report also found that up to $14 million has been saved due to avoided prison time.
As of 13 September 2022 there have been a total of 110 people referred to DASL, with 64 people entered into a DATO, 10 graduations, 14 completions without graduation, 21 cancellations and 29 DATOs that are currently in effect. Although new referrals were paused earlier this year due to DASL reaching its capacity limit, as participants have completed their orders, the ACT Courts and Tribunal have been able to accept a small number of further referrals.
There is a strong relationship between harm caused by drug and alcohol use and social disadvantage, and evidence shows that engagement with the criminal justice system can compound that disadvantage. The stigma associated with criminalising drug use can result in barriers to key social outcomes such as access to health care, employment and housing. Harm reduction approaches acknowledge that addiction to drugs and alcohol is a health issue and evidence-based drug and alcohol treatment programs are a critical component to reducing harm associated with substance abuse.
DASL is an essential program to help divert vulnerable Canberrans from the criminal justice system into treatment services. The findings in the report show that DASL is achieving that aim. The report involved three elements: firstly, a review of international best practice principles and procedures for the creation and implementation of a successful drug court; secondly, a process evaluation of the fidelity to best practice standards during the implementation of DASL; and thirdly, an outcome evaluation.
The report presents the findings of both the process evaluation and the outcome evaluation, with recommendations for each. The report made 24 recommendations in the process evaluation, which related to: pathways into DASL, the collaboration and cooperation between stakeholders, DASL in practice, preliminary outcomes, and analysis of case law and legislation. The ACT Courts and Tribunal and other stakeholders responded to these recommendations in May 2022, indicating what steps had already been taken towards implementation, and these are set out in the report.
The outcome evaluation made an additional 15 recommendations, which relate to supporting participants with additional needs, program fidelity and quality, and ongoing monitoring and evaluation. The recommendations provide valuable suggestions about how DASL can be improved to better include and support Aboriginal and Torres Strait Islander people; people with disability, including mental
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