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This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Drug Diversion Program


The Illicit Drugs Court Diversion Program (Drug Diversion Program) enables eligible persons, apprehended for a minor drugs offence, with an opportunity to attend and complete a drug assessment and education program as their imposed sentence.

Am I Eligible for the Drug Diversion Program?

You are eligible for the Drug Diversion Program if you have been charged with one of more of the following offences under the Drugs Misuse Act 1986:

  • Section 9 – Possessing dangerous drug – if the drug was for personal use and is a drug prescribed in and of a quantity less than the amount prescribed in the Penalties and Sentences Regulations 2015.
  • Section 10 (2) – Possessing anything used for the administration, consumption or smoking of a dangerous drug.
  • Section 10 (4) – Fail to take reasonable care of a syringe.
  • Section 10 (4A) – Fail to dispose of a syringe.

You must also:

  • plead guilty to the offence/s;
  • not have been given more than one Drug Diversion previously;
  • not have any pending charges or convictions for offences:
    • of a sexual nature;
    • involving violence or drug offences dealt with on Indictment (more serious matters).

How Does the Drug Diversion Program Work?

If the person is eligible, the Drug Diversion Program co-ordinator will discuss the program with the person. If considered eligible, the matter is brought before the magistrate to determine. If the magistrate deems it appropriate, the person is placed on a recognisance order with a condition of attending the Drug Assessment and Education Session.

Once the person attends the session, they must remain of good behaviour for the remainder of the court order imposed by the magistrate.

What are the Benefits of the Drug Diversion Program?

If a person successfully attends and completes a Drug Assessment and Education Session, they will not receive a conviction recorded for the offence/s. In addition, the person will receive information and assistance in addressing any drug issue that may be developing.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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