Australia

Death Penalty 100/100

1 Does the country retain the death penalty for drug offences? No

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Australiais not listed as one of the states that retains the death penalty for drug offences in Harm Reduction International's (2021) The Death Penalty for Drug Offences: Global Overview 2020.

2 What is the extent of death penalty application for drug offences in the country? N/A

source: Harm Reduction International (2021), THE DEATH PENALTY FOR DRUG OFFENCES: GLOBAL OVERVIEW, Available online at: https://www.hri.global/death-penalty-2020

Not Applicable

Extra-Judicial Killing 100/100

3 To what extent is the practice of extra-judicial killing prevalent in the course of military and police anti-drug activity? Not at all

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Militarised Policing 75/100

4 To what extent are military or special security forces are involved in drug operations? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Life Sentencing 67/100

5 Is there provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences? Yes

source: GDPI Coding Team.

The Australian Criminal Code Act 1995, Section 302.2., states that life sentences are given for trafficking commercial quantities of illegal drugs.

6 Where there is provision in legislation or sentencing frameworks for the imposition of life imprisonment for drug offences, what is the nature of such sentences? Symbolic Life Without Parole

source: GDPI Coding Team.

CrimiNot Applicablel Code Act 1995 VOL1. Section 19AG. Only time a convict cannot be elligable for parole is if they are under a detention order for terrorist offences. Advised by Prof Ritter that there are territorial differences in how parole is maNot Applicableged but that only extreme murder cases ever warrant non-parole.

7 How frequently are formal life sentences imposed for drug use and personal possession offences? Never

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 How frequently are formal life sentences imposed for drug supply offences (production, dealing, or trafficking)?  Rarely

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Non-consensual confinement 75/100

9 To what extent is there a practice of non-consensual confinement in compulsory drug treatment centres? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Human Rights Violations 59/100

1 How often are suspects in drug cases subject to violence or torture by the police? Frequently

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

2 To what extent does arbitrary arrest and detention for drug offences exist? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

3 What is the country's score on the World Bank Fair Trial Indicator? Unrestricted

source: World Bank Data Repository: https://tcdata360.worldbank.org/indicators/hd45eb4d6?country=BRA&indicator=41895&viz=line_chart&years=1975,2019

All elements of fair trails are respected. No arbitrary arrests take place, the courts are competent, independent and impartial; and hearings and trials generally follow arrest and charge within a reasonable time.

Equity of Impact of Criminal Justice Response 25/100

4 To what extent does enforcement of drug policy disproportionately impact certain ethnic groups?  To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

5 To what extent does enforcement of drug policy disproportionately impact women?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

6 To what extent does enforcement of drug policy disproportionately impact low-income groups? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Mandatory minumum sentencing and pre-trial detention 100/100

7 Do the state’s drug laws or legal frameworks include mandatory minimum sentences for any drug offences? No

source: GDPI Coding Team.

Crimes Act 1914. Sections 16AAA & 16AAB. MMS (for both 1st and 2nd offences) only exist for child sex offences and offences relating to child pornography. Note this is national law, MMS vary at territorial level.

8 For states whose drug laws or legal frameworks include mandatory minimum sentences for any drug offences, does this relate to first offences or multiple offences? N/A

source: GDPI Coding Team.

Not Applicable

9 Do the state’s laws include mandatory pre-trial detention for drug offences? No

source: GDPI Coding Team.

Crimes Act 1914. Section 13 (15). Offenders can be 'remanded' before trial if the trial is delayed. but this is not mandatory and for the discretion of court. Mentioned also in Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 Section 16 (2). No specific mandatory remanding for drug related offences.

Alternatives to arrest/prosecution/conviction/punishment 85/100

10 Is there any provision in state criminal justice policy for alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences? Yes

source: GDPI Coding Team.

Monograph 27 for Drug Policy Modeling Program (Hughes et al., 2008, pp. 3-4) details diversion at all 3 stages. All states have diversion strategies in place all the way through CJS but there is no explicit provision for this in national legislation. Otherwise, National Drugs Strategy, Page 44, under 'Diversion'. Diverting consumers away from criminal justice system to treatment is listed as one of the harm minimisation trategies to be employed by government. Otherwise, Criminal Code Act (Division 308.1). Just mentions that diversion policies may be in place at territorial level but that otherwise sentence will be imprisonment or civil penalty. No national diversion policy. Up to territory governments. Advised by A. Ritter that this should be coded as 1 as majority of offenders detected for personal use nation-wide are diverted upon contact with law.

11 Do alternatives exist at the point of initial contact with law enforcement (i.e., the police or other law enforcement officers) – before arrest and/or prosecution? Yes

source: GDPI Coding Team.

Individuals can be entered into diversion programs upon initial contact with law enforcement.

12 Do alternatives exist after the point of arrest, but before conviction or formal criminal court proceedings? Yes

source: GDPI Coding Team.

The potential exists for individuals to be diverted into treatment programmes in lieu of prosecution.

13 Where individuals are convicted with a final sentence (courts), are there alternatives to incarceration for drug offences? Yes

source: GDPI Coding Team.

On expert advice from Prof Ritter. Monograph 27 for Drug Policy Modeling Program (Hughes; Seear; Ritter; Mazerolle, 2008). Table on Page 4. Offenders are usually diverted at initial contact with law but a small minority are diverted after sentence. Of all those found guilty of possession for personal use, 96% are given non-custodial sanction (fine or treatment). Imprisonment is very rare for minor possession is Australia despite diversion not being explicitly accounted for in national legislation.

14 Do alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements?  Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

15 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, is relapse / non-attendance / treatment “failure” associated with subsequent imprisonment or punishment? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

16 Where alternatives to arrest, prosecution, conviction and/or punishment for drug-related offences include treatment or care elements, are a range of treatment options and modalities made available to people based on their clinically assessed need or preferences? Yes

source: Survey of Experts in States' Drug Policy

This was ascertained through the GDPI survey of survey of experts in state drug policy.

Extent of imprisonment of individuals involved in non-violent drug-related offences 25/100

17 To what extent does the pursuit of state drug policy result in the imprisonment of non-violent offenders? To a large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Decriminalisation Policy 33/100

18 Is there a provision in national legislation or in official national policy documents for the decriminalisation of drug use and the possession of drugs for personal use?  No

source: GDPI Coding Team.

Criminal Code Act 1995. Section 308.1. Any possession of controlled substance is a crime. Decrim only exists in policy at territorial level.

19 What % of the population live in a state/territory with decriminalisation provisions? 9.70%

source: GDPI Coding Team.

Percentage of population living in these regions

20 For states or sub-national units with decriminalisation, what substances are decriminalised? Cannabis Only

source: GDPI Coding Team.

Only cannabis is decriminalised within Australia.

21 Where there are administrative (non-criminal) sanctions for drug use and possession for personal use, what is the severity of these sanctions? Moderate

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

22 To what extent has decriminalisation in this state been effective in diverting people who use drugs away from the criminal justice system? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Extent to which State Policy Prioritises Harm Reduction for People Who Use Drugs 74/100

1 Is there an explicit supportive reference to harm reduction in national policy documents? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2021

2 Are people who use drugs included in the HIV national strategic plan? Yes

source: GDPI Coding Team.

National HIV Strategy, pg 9. Details need for drug treatment programs and needle/syringe programs.

3 In states where people who use drugs are included in the HIV national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

National HIV Strategy. Pg. 19. Listed as one of priority populations

4 Are people who use drugs included in the Hepatitis-C national strategic plan? Yes

source: GDPI Coding Team.

National Hepatitis C Strategy. Page 11, under 'prevalence'.

5 In states where people who use drugs are included in the Hepatitis-C national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? Yes

source: GDPI Coding Team.

National Hepatitis C Plan. Page 19, listed as priority population

6 Are people who use drugs included in the Tuberculosis national strategic plan? No

source: GDPI Coding Team.

Strategic Plan for Control of Tuberculosis in Australia. No mention of drug users in plan. Note this plan expired in 2020 and there is not subsequent plan.

7 In states where people who use drugs are included in the Tuberculosis national strategic plan, are people who use drugs specified as key and vulnerable populations to be targeted for services? No

source: GDPI Coding Team.

Strategic Plan for Control of Tuberculosis in Australia. Drug users not listed as vulnerable population.

Harm Reduction Funding 61/100

8 How Adequate Are Levels of Harm Reduction Funding Relative to Estimated Need? Moderate

source: Harm Reduction International GDPI team

Estimated by Harm Reduction International at between 50-69% of harm reduction resource needs met (see project methodology for details)

9 Which of the following best describes the sustainability of harm reduction funding in the state over the next 3-5 years? Somewhat unstable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Harm Reduction Intervention Availability and Coverage 64/100

10 Is at least one needle and syringe programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2021

11 Which of the following best describes the availability of needle and syringe programmes for people who inject drugs? Wide availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

12 Is at least one opioid agonist therapy programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2021

13 Which of the following best describes the availability of opioid agonist therapy programmes for people who use opioid drugs? Wide availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

14 Is peer distribution of naloxone available in this state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2021

15 Which of the following best describes the availability of naloxone for people who use opioid drugs? Limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

16 Is at least one in-prison needle and syringe programme operational in the state? No

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2021

17 Which of the following best describes the availability of needle and syringe programmes to people in prison? Unavailable

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

18 Is at least one in-prison opioid agonist therapy programme operational in the state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2021

19 Which of the following best describes the availability of opioid agonist therapy to people in prison? Limited availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

20 Is at least one drug consumption room operational in ths state? Yes

source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2020

Source: Harm Reduction International (2021), The Global State of Harm Reduction 2020 - 7th Edition. Available at: https://www.hri.global/global-state-of-harm-reduction-2021

21 Which of the following best describes the availability of drug checking services to people who use drugs? Very Limited Availability

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to Harm Reduction Services 33/100

22 To what extent are there disparities in access to harm reduction services due to individuals’ ethnicity? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

23 To what extent are there disparities in access to harm reduction services for women, including during pregnancy? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

24 To what extent are there disparities in access to harm reduction services due to individuals’ sexual orientation and/or gender identity?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Policy prioritisation of availability and accessibility of controlled medicines for the relief of pain and suffering 51/100

1 Is there an explicit provision in national legislation (or in official national policy documents and regulatory instruments) that establishes the government’s obligation to make adequate provision to ensure the availability of controlled medicines for the relief of pain and suffering? Yes

source: GDPI Coding Team.

Theraputic Goods Agency. Part of Health Dept, involved in regulating and approving new medicines (including controlled ones). Does not seem to mention goal of allieviating pain and suffering. AND mentioned in Theraputic Goods Act 1989, section 4 (1).

2 Is there an approved national medicines policy plan that recognises the importance of the availability and accessibility of controlled medicines for the relief of pain and suffering? No

source: GDPI Coding Team.

National Strategy Action Plan for Pain Management. Page 15. Importance of increasing research on 'emerging' pain management strategies such as medicinal cannabis. However, one of the main points of the plan is about trying to reduce over-dependence on pain medication, such as opiods. One of strategies to fight this was upscheduling of codeine (pg 7).

3 To what extent does the policy-making process relating to controlled medicines meaningfully include stakeholders such as medical boards, health professionals (including pharmacists), patients, and representatives of patients?  To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

De facto availability and accessibility of controlled medicines for the relief of pain and suffering 75/100

4 What range of narcotic drug consumption does the state fall into? High Access

source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

Source: INTERNATIONAL NARCOTICS CONTROL BOARD (2021) 2020 Narcotic Drugs Report. Available at: https://www.incb.org/incb/en/publications/annual-reports/annual-report-2020.html

5 To what extent are there geographic disparities in access to controlled drugs for the treatment of pain? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Equity of Access to controlled medicines for the relief of pain and suffering 44/100

6 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ gender? To a small extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

7 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ socio-economic status? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

8 To what extent are there disparities in access to controlled drugs for the treatment of pain due to individuals’ ethnicity? To a moderate extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

9 To what extent are there disparities in access to opioid analgesics for the treatment of pain for people who use drugs? To a very large extent

source: Survey of Experts in States' Drug Policy

This score reflects the median result (weighted by topic confidence level) of the GDPI survey of experts in state drug policy.

Filter Question for 'Development' Dimension N/A

1 Does the country include ‘alternative development’ or ‘sustainable development’ programmes to provide alternatives to the cultivation of crops used for illegal drug production? No

source: GDPI Coding Team.

No reference to sustainable/alternative development approaches to crop cultivation in legislation. This was confirmed by the GDPI expert survey.

Alternative Development Policy Design N/A

2 Are Alternative Development policies and programmes embedded within a broader development programme? N/A

source: GDPI Coding Team.

Not Applicable

3 To what extent are local communities, participants, and (where applicable) indigenous and minority groups meaningfully included in the design, implementation, monitoring, and evaluation of alternative development policies and programmes? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

4 To what extent is the protection of the environment prioritised in alternative development policy and programmes?   N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

5 To what extent does alternative development operate within a framework of militarized/security sector operations as part of security policy? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Management of Crop Eradication N/A

6 Does alternative development policy include provisions for forced crop eradication? N/A

source: GDPI Coding Team.

Not Applicable

7 Where provision is made for forced crop eradication, does policy also make provision for aerial spraying in forced crop eradication? N/A

source: GDPI Coding Team.

Not Applicable

8 To what extent are alternative development programmes sequenced to ensure that targeted households have adopted viable and sustainable livelihoods in advance of any crop eradication efforts? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

Efficacy of alternative development policy for key beneficiaries N/A

9 To what extent do alternative development policies and programmes facilitate the empowerment of women? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

10 To what extent do alternative development policies and programmes benefit young people? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable

11 To what extent do alternative development policies and programmes implement a successful ‘pro-poor’ strategy? N/A

source: Survey of Experts in States' Drug Policy

Not Applicable