Queensland Government Proposes Major Overhaul of Drug Diversion and Traffic Penalty Laws
The Queensland state government has introduced two pieces of legislation to parliament proposing significant changes to illicit drug diversion laws and traffic penalties, including harsher punishments for drug and drink driving offenses.
Proposed Changes to Drug Diversion Laws
The new Illicit Drug Enforcement and Diversion Framework would replace existing Labor-era laws that currently allow individuals found with small quantities of specified illicit substances up to three opportunities before facing a criminal charge.
Under the existing system, first-time offenders receive a warning, while second and third-time offenders are offered participation in a diversionary program managed by healthcare workers.
The proposed framework would provide first-time offenders with a single referral to drug diversion. Repeat offenders would face either on-the-spot fines or criminal charges. The changes also aim to grant police stronger powers and increased discretion when addressing drug offenses.
Premier David Crisafulli had pledged to abolish the current scheme in November 2024, having voted against its initial introduction.
Justification for Changes
Police Minister Dan Purdie stated that the current model has failed, citing data from the National Wastewater Drug Monitoring Program which suggested a spike in drug use. He informed Parliament that offenders could avoid meaningful consequences despite being caught multiple times with dangerous drugs like fentanyl or heroin, emphasizing the need for a clear message against illicit drug use.
Reactions to Drug Diversion Reforms
"The decision to reverse the program is 'strange,'" said Rebecca Lang, Chief Executive of QNADA (Queensland's peak organization for the non-government alcohol and other drug treatment sector).
She noted that initial data indicated the diversion program's success, with 26,000 participants between May 2024 and October last year, two-thirds of whom accessed only the first step without further engagement. Ms. Lang also highlighted that consultation on these changes had been very limited.
Dr. Nick Yim, President of the Australian Medical Association Queensland (AMAQ), reported that members were "disappointed" with the proposed alterations. He pointed out that medical issues such as depression and anxiety often contribute to individuals' decisions to use drugs. The AMAQ intends to continue collaborating with the Queensland Government to ensure the health and safety of these individuals.
The Queensland Police Service, in response to inquiries in October 2024, maintained its support for the existing laws. At the time, they stated that the program freed up police time, allowing them to concentrate on serious drug offending such as drug supply, trafficking, and manufacturing, thereby enhancing community safety.
Queensland Greens MP Michael Berkman advocated for the expansion of harm reduction services. He argued that individuals misusing drugs require healthcare rather than incarceration, defining addiction as a health condition, not a crime. Berkman suggested that prohibition makes it more difficult for people to access support and increases the risk of fatalities from drug misuse.
Proposed Changes to Traffic Penalties
The government has also introduced two bills to double penalties for drink and drug drivers and create tougher consequences for other offenses. Attorney General Deb Frecklington stated the reforms aim to ensure consequences for endangering lives.
Key Proposed Changes
- Maximum penalty for motor vehicle offenses resulting in death or grievous bodily harm increases from 16 to 25 years
- Minimum license disqualification periods increased
- Expanded mandatory imprisonment for serious and repeat dangerous driving offenders
- Methamphetamine in a driver's system will be considered an aggravating factor without needing to prove it affected driving
Additional Reforms to Be Introduced on December 1, 2026:
- Doubled penalties for drug driving
- Stronger penalties for combined drink and drug offenses
- Minimum court-imposed fines
- Immediate six-month license suspensions for drivers exceeding speed limit by 40km/h
- Improved seatbelt enforcement allowing drivers to nominate adult passengers
Transport Minister Brent Mickelberg reiterated the state's zero-tolerance approach to drug driving, including for medical cannabis users, stating Queensland would strengthen provisions rather than weaken them like other states.
Reactions to Traffic Penalty Reforms
"The stance is 'extremely disappointing' and Queensland is 'out of touch' with the rest of Australia," said David Heilpern, former magistrate and Dean of Law at Southern Cross University.
He claimed there is no evidence that medicinal cannabis users within prescription increase road trauma.
The Australian Medical Association Queensland (AMAQ) supported a continued ban on driving for patients using medicinal cannabis, citing under-regulation and variable THC concentrations. AMAQ president Erica Gannon stated that punitive measures alone will not reduce occurrence, and called for reinstating evidence-backed harm reduction measures like drug diversion and pill-testing.
Traffic Data Context
Queensland Police Assistant Commissioner Rhys Wildman noted that the road toll has surpassed 150 for the year, and through 1.25 million random breath tests, police detected 8,000 more impaired drivers than previous years.