Recent data indicates that Aboriginal individuals are more frequently prosecuted for minor drug offenses than their non-Aboriginal counterparts, highlighting a concerning trend despite the existence of a diversion program in New South Wales aimed at reducing incarceration rates.
The Early Drug Diversion Initiative (EDDI), which was launched in February 2024, allows eligible adults facing low-level drug charges to opt for a $400 fine or access telehealth services instead of appearing in court, thereby avoiding a potential criminal record. While this program aims to help those caught with small amounts of drugs, including substances like cocaine, MDMA, and ice, a report reveals that eligible offenders, particularly Aboriginal individuals, are often not benefiting from this initiative.
According to an analysis conducted by the NSW Bureau of Crime Statistics and Research (BOCSAR) on 11,751 minor drug offense incidents since the program’s inception, less than 10% of offenders were deemed eligible for EDDI. The report highlights that police have disproportionately exercised their discretion to deny eligible offenders entry into the program, particularly affecting Aboriginal individuals and those from economically disadvantaged backgrounds.
The report’s author noted, “The increased likelihood of Aboriginal people and those from low socio-economic areas receiving court appearance notices raises concerns about the equitable implementation of EDDI.” Specifically, only around 8% of eligible Aboriginal offenders were diverted, compared to 25% of non-Aboriginal offenders. In contrast, individuals from wealthier areas, attendees of festivals, and those without prior criminal records were found to be more likely to benefit from the diversion program.
When the EDDI was introduced, NSW Attorney-General Michael Daley expressed hope that it would reduce the number of individuals appearing in court for minor offenses. “We aim to connect people with the necessary health supports rather than entangle them in the criminal justice system,” he remarked.
BOCSAR Director Jackie Fitzgerald criticized the initiative’s stringent eligibility criteria, stating that many potential candidates were disqualified due to concurrent offenses or exceeding legal possession limits. She emphasized that the program has not effectively diverted drug users from the court system or linked them with health services. “Providing a health-focused response instead of a criminal justice one could help individuals avoid the stigma and long-lasting repercussions of a criminal record,” Fitzgerald noted, advocating for broader access to diversion programs to further reduce Aboriginal individuals’ interactions with the justice system.
Sharif Deen, acting chief executive of the Aboriginal Legal Service, expressed concern over the current enforcement approach, asserting that even when police have the option to divert Aboriginal offenders, they often choose to pursue criminal charges. “This contradicts the government’s commitments to Closing the Gap,” he stated, referring to the initiative aimed at decreasing the over-representation of Aboriginal individuals in the criminal justice system. Recent statistics indicate that the target for reducing incarceration rates among Aboriginal and Torres Strait Islander adults is not being met.
Joe Coyte, a director of The Glen, the largest Aboriginal community-controlled drug and alcohol rehabilitation service in New South Wales, shared his insights from over 25 years of working with individuals in recovery. He noted that many clients face challenges such as poverty, homelessness, and mental health issues, which complicate their recovery from addiction. Coyte highlighted that the government’s drug diversion scheme presents significant barriers to those who need it most. “There is a significant gap between policy creation and the realities on the ground,” he said, stressing that the individuals most affected by criminalization are often the least likely to qualify for diversion programs like EDDI.
While acknowledging that the program has good intentions, Coyte pointed out that it primarily benefits a small group of low-risk individuals, leaving many others to navigate the court system. Police Minister Yasmin Cately admitted that the EDDI “is not functioning as effectively as desired,” but asserted that the program ensures offenders are held accountable. She rejected claims that police intentionally exclude certain groups from the diversion scheme, stating, “Police serve everyone equally,” and a NSW Police spokesperson confirmed that eligibility for the EDDI is assessed on a case-by-case basis.
Coyte concluded by emphasizing the need for concern regarding the number of Aboriginal individuals being denied access to the scheme. He argued that any diversion initiative that fails to accommodate those with prior justice involvement, like EDDI, will inadequately serve Aboriginal communities. Furthermore, he indicated that many individuals who would benefit from the program are unaware of its existence. “While EDDI was designed with good intentions, its implementation falls short of effectively addressing the needs of those who require support the most,” he stated.
