Eastern suburbs lotto: Drug diversion scheme differs wildly across postcodes

Police are overwhelmingly charging low-level drug users rather than issuing fines, 18 months after they were handed discretionary powers to help free up NSW’s overburdened court system.

Despite about two-thirds of NSW Police officers receiving training in the court diversion scheme, its implementation remains inconsistent even across neighbouring local area commands, such as in Sydney’s eastern suburbs where charges are more than three times more likely north of Clovelly.

The Early Drug Diversion Initiative (EDDI), introduced in early 2024, allows officers to issue a $400 on-the-spot fine for first or second low-level drug possession offences, which is waived if offenders attend an hour-long health counselling phone session.

The Herald reported in September that the scheme’s application was sporadic and inconsistent across postcodes, with only 6 per cent of low-level offenders avoiding court during the initial months of its operation.

Updated NSW Police data, obtained through parliament by Greens MP Cate Faehrmann, reveals only 7.3 per cent of the 18,702 people caught possessing drugs since the scheme was rolled out have been fined.

There has continued to be little consistency in the scheme’s application between postcodes.

Western suburbs, regional and rural NSW officers tended to issue fines only in rare cases: 20 of these police area commands (PACs) used the scheme in less than 2 per cent of total cases.

Only three PACs — Sydney City, Auburn and Eastern Beaches, along with Marine Area Command — issued fines in more than a quarter of cases. Of the 58 PACs across NSW, 49 still charged at least 90 per cent of offenders.

Uptake even fluctuated dramatically between neighbouring PACs. For example, officers stationed in the Eastern Suburbs PAC, covering areas north and west of Bronte, diverted people onto the scheme in less than 6 per cent of instances, compared with 26 per cent at Eastern Beaches, which covers Clovelly through to Little Bay.

Low-level drug users were more likely to receive a fine in areas known for hosting music festivals: Sydney Olympic Park and Centennial Park, both of which host a number of festivals every year, fall within the remit of Auburn, which had the highest diversion rate in NSW of 32 per cent, and Eastern Beaches PAC, respectively.

The type of drug users were caught with also proved hugely influential in whether they were issued a fine. About 23 per cent of people caught with cocaine and 29 per cent of those caught with MDMA avoided court, compared with 3 per cent with meth and 2 per cent with heroin.

While the proportion of cannabis users diverted through the scheme appeared to be low, they are predominantly dealt with under the state’s Cannabis Cautioning Scheme, in operation since 2000. About 37 per cent of users receive a caution under that scheme, according to 2023 Bureau of Crime and Statistics & Research analysis, although that figure has fallen over the past 20 years.

More than 11,000 officers have completed training on the court diversion scheme, according to police data provided to parliament.

Acknowledging during budget estimates in March that the EDDI was “not achieving what we want it to achieve”, Police Minister Yasmin Catley foreshadowed changes to the scheme but declined to provide details.

“As police have described to me, we need to make some changes,” she said. “Police have never opposed this. This is something that we’re happy to work together on. From the Drug Summit, we’ll see some changes, but police are certainly supportive of some changes to be made to EDDI.”

It is four months since the co-chairs of the Drug Summit handed the government their final report. The state government is yet to respond to its 56 recommendations, although Health Minister Ryan Park said in late June it would do so this year “as requested by the co-chairs”.

The report recommended broadening the EDDI’s eligibility criteria, including addressing restrictions on possession of multiple drugs, criminal history and threshold quantities. It also recommended limiting police discretion and “ensuring a clear monitoring and evaluation framework”.

Catley told the Herald the scheme was being considered alongside the Drug Summit recommendations, which the government will respond to “in the coming weeks”.

“Make no mistake – drugs are illegal and cause widespread harm in our community,” she said, describing the diversion as giving police “another way to address low-level drug possession”.

“We want this scheme to work and see more people complete health interventions,” she said.

Faehrmann said the drug diversion laws had been an “abject failure”, claiming the number of people still being charged demonstrated the discretion provided to police was the scheme’s fundamental problem.

“It’s incredibly frustrating that thousands of people are still being sent to court for minor drug possession each year while recommendations for reform from the Drug Summit have been sitting on the premier’s desk for months,” she said.

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