Senate debates

Tuesday, 25 June 2024

Committees

Law Enforcement Joint Committee; Report

5:29 pm

Photo of Helen PolleyHelen Polley (Tasmania, Australian Labor Party) Share this | | Hansard source

I rise as chair of the parliamentary Joint Committee on Law Enforcement to speak about the committee's report, Australia's illicit drug problem: Challenges and opportunities for law enforcement, and I move:

That the Senate take note of the report.

Reflecting on the magnitude of the problem, the committee was aware that a significant amount of work exists on the issue of illicit drugs in Australia's community. This report adds to that body of work by focusing on the role of and the impact on law enforcement in dealing with this issue.

This enquiry was timely given the recent implementation of legislative reforms in Australia's states and territories as well as in other countries that changed the way drugs are treated under criminal law. For example, the Australian Capital Territory has legalised possession of cannabis of up to certain thresholds and decriminalised possession of a small amount of other drugs. These reforms inevitably have implications for law enforcement.

During this enquiry, the committee received 69 submissions and took evidence at four public hearings. The devastating impacts of substance abuse and addiction were well known to the committee at the outset of this enquiry. However, the evidence received reinforced the sheer scale of drugs, supply and the use in Australia, as well as in challenges that exist in addressing drug related harm experienced by individuals, families and the broader community.

Australians have an insatiable appetite for drugs, especially methamphetamines, which is growing, having rebounded from the impacts of COVID-19 lockdowns and border closures. Australians are also prepared to pay high prices for drugs, creating significant profit margins for the suppliers. It is therefore unsurprising that Australia is an attractive market for transnational serious and organised crime networks seeking to generate profit from the drug trade.

Aside from drug production, trafficking and possession, the illicit drug trade also contributes to a myriad of other crimes, including but not limited to money laundering, possession of illegal firearms, violence, intimidation and murder both here in Australia and in other jurisdictions. As the committee was so eloquently reminded by Mr Michael Barnes, commissioner of the New South Wales Crime Commission, there is no fair-trade cocaine.

Disrupting the illicit supply chains is an immense challenge for Australia's law enforcement agencies. The vast majority of drugs originate offshore and are imported into Australia. The AFP and its partners do an incredible job disrupting significant amounts of these drugs before they can make their way into Australia. The AFP assisted overseas police to seize 66 tonnes of illicit drugs offshore, resulting in $10.9 billion in avoidable harm. Domestically, in 2022-23, the AFP seized 30 tonnes of illicit drugs and precursor substances, which resulted in $11.8 billion in avoidable harm. However, law enforcement cannot solve Australia's illicit drugs problems alone.

While there are no easy answers to problems of illicit drugs, the committee found that there are a number of areas of potential improvement. For example, the national policy document for dealing with drugs, the National Drug Strategy 2017-2026, has been subject to the ongoing evaluation process proposed at the commencement. The committee believes there is very limited value in drafting a new strategy when there has not been a comprehensive evaluation of the existing strategy. Further, the government framework that the strategy rested on the Council of Australian Government's architecture brought together Commonwealth, state and territory ministers and officials from law enforcement and the health sector. This standing integrated framework was not reinstated under the national cabinet. Both matters should be addressed to support effective implementations of the current and future drug strategies.

A significant proportion of evidence to this enquiry focused on the merits of decriminalisation of illicit drugs. This is complex and is largely a legislative and policy matter for state and territory governments. The committee's focus was on the impacts of the drug policy on law enforcement agencies, including where decriminalisation has been introduced. What was clear to the committee is that experience in the international jurisdictions which have introduced this reform should be carefully considered over time before broad-scale, fundamental changes are implemented. Two examples of decriminalisation discussed in this inquiry, in Portugal and Oregon, clearly demonstrated that decriminalisation cannot be successful without significant investment in a robust and sustainable health response. The absence of this risks an even greater burden being placed on law enforcement. In its report, the committee makes seven recommendations relating to these and other matters which, in the committee's view, will improve the overall response to reducing the harms of illicit drugs.

I want to thank all witnesses and all the submitters for their assistance to the committee and acknowledge the daily contributions of many of them to improving the lives of those affected by substance abuse and addiction. I also want to thank my fellow members of the committee for what was a very constructive approach to this inquiry. Decriminalisation of drugs and the impact of drugs is always an emotional topic and one which I know that all our committee members took very seriously, as does everyone, I believe, in this chamber. But it is really important during those inquiries to pay respect to witnesses and to fellow members of the committee, because at times there is robust dialogue, and it's important that we remember that our job is to ensure the best outcomes. This inquiry was focused on the impact on law enforcement, which is the responsibility of our committee.

I want to take the opportunity to again place this on record: I know all committees acknowledge the wonderful work, commitment and dedication by their secretariat, and it is no less so with mine. So, to the committee secretariat and the team there: we appreciate the efforts that you make to ensure that we produce very good, constructive reports that reflect the hearings. I commend this report to the Senate. Thank you, Senator Brockman. I seek leave to continue my remarks later.

Leave granted; debate adjourned.