Drug Courts are specialist courts that can provide an alternative to imprisonment for those who have offended due to drug dependency. Drug Courts are designed with the intention of addressing the underlying causes of offending – the drug use itself – rather than simply placing a person in prison without fixing the problem. The first thing that struck me during my visit were participants thanking the magistrate for the opportunity to be on the order. Each time, the magistrate responded by saying that people should thank the politicians that made the laws to do so. In the current tough-on-crime climate, this stood out as different and important.
The Drug Court in Victoria was formed in 2002 by the state government, as a way to tackle drug related offending. It allows for people to be sentenced to intensive treatment orders rather than imprisonment or other more punishing sentencing options.
The orders seem very intensive. They’re supposedly made this way so they can benefit people who haven’t been able to do it alone, who maybe have exhausted every other option and everyone else in the process. It’s for those struggling to the point they are now facing prison.
Participants are sentenced to a Drug and Alcohol Treatment Order (DATO). The order is managed by a Drug Court magistrate, with support provided by a large team including case managers who are specialist community corrections officers, a clinical advisor, drug and alcohol counsellors, a Victoria Legal Aid solicitor, housing support workers and more.
While this article only explores the workings of drug courts in Victoria, other states also have similar courts. New South Wales, Western Australia and South Australia have similar specialist drug courts, Queensland has the Drug and Alcohol Court (QDAC), and the ACT has the Drug and Alcohol Sentencing List (DASL). In Tasmania, a drug diversion program gives a magistrate the option to divert an eligible person into a drug treatment program. If you’re interested in learning more about the specifics of these drug courts, please contact legal aid, your lawyer or your community legal centre.
To be eligible for Drug Court in Victoria a person must:
The offence/s must also not be sex offences or offences involving bodily harm (unless of a minor nature), and it also must be likely that the person would get a prison sentence – but not one that is more than two years long. If someone is homeless, there’s an option for short-term housing as a part of their order, with a co-contribution to be paid by the participant. Finding stable accommodation would then be made a goal of the order.
There are a range of core conditions to comply with, as with other community based orders, including to undergo treatment for drug and/or alcohol dependency.
The magistrate must attach at least one program condition to the order. The orders are hard, but there is also a lot of possibility for the order to be tailored to the individual, which is part of what allows it to help lift people up.
Drug Courts are specialist courts that can provide an alternative to imprisonment for those who have offended due to drug dependency. Drug Courts are designed with the intention of addressing the underlying causes of offending – the drug use itself – rather than simply placing a person in prison without fixing the problem. The first thing that struck me during my visit were participants thanking the magistrate for the opportunity to be on the order. Each time, the magistrate responded by saying that people should thank the politicians that made the laws to do so. In the current tough-on-crime climate, this stood out as different and important.
The Drug Court in Victoria was formed in 2002 by the state government, as a way to tackle drug related offending. It allows for people to be sentenced to intensive treatment orders rather than imprisonment or other more punishing sentencing options.
The orders seem very intensive. They’re supposedly made this way so they can benefit people who haven’t been able to do it alone, who maybe have exhausted every other option and everyone else in the process. It’s for those struggling to the point they are now facing prison.
Participants are sentenced to a Drug and Alcohol Treatment Order (DATO). The order is managed by a Drug Court magistrate, with support provided by a large team including case managers who are specialist community corrections officers, a clinical advisor, drug and alcohol counsellors, a Victoria Legal Aid solicitor, housing support workers and more.
While this article only explores the workings of drug courts in Victoria, other states also have similar courts. New South Wales, Western Australia and South Australia have similar specialist drug courts, Queensland has the Drug and Alcohol Court (QDAC), and the ACT has the Drug and Alcohol Sentencing List (DASL). In Tasmania, a drug diversion program gives a magistrate the option to divert an eligible person into a drug treatment program. If you’re interested in learning more about the specifics of these drug courts, please contact legal aid, your lawyer or your community legal centre.
To be eligible for Drug Court in Victoria a person must:
The offence/s must also not be sex offences or offences involving bodily harm (unless of a minor nature), and it also must be likely that the person would get a prison sentence – but not one that is more than two years long. If someone is homeless, there’s an option for short-term housing as a part of their order, with a co-contribution to be paid by the participant. Finding stable accommodation would then be made a goal of the order.
There are a range of core conditions to comply with, as with other community based orders, including to undergo treatment for drug and/or alcohol dependency.
The magistrate must attach at least one program condition to the order. The orders are hard, but there is also a lot of possibility for the order to be tailored to the individual, which is part of what allows it to help lift people up.
The order comprises three phases: stabilisation, consolidation and maintenance, and reintegration. It is not uncommon for participants to move back and forth between the phases over the two-year order, depending on their progress and treatment needs.
The participant is supported with their immediate needs. Participants are not punished for their drug or alcohol use provided they are honest about what they have used. In this phase, they:
Participants are promoted to phase 2 when they have established control over their drug or alcohol use. In this phase, they:
It is expected that participants will be abstinent from drugs and alcohol. Participants are supported to maintain the changes they have made and be reintegrated into the community through work or study. In this phase, they:
Regular hearings will occur as the person attends court, as directed by their order. During these hearings, the magistrate will speak to the order, assess compliance and determine the appropriate program phase. If they think the DATO should be terminated, then a breach hearing is scheduled. If after the hearing the magistrate decides to cancel the order, then the participant can be required to serve some or all of the prison sentence that was suspended when they were placed on the order.
All of this may sound like a lot – and it is. Jail may be easier in many people’s eyes, as this order is not the easy way out. It is hard work. But that is what real change takes. Those on this order must approach it with a genuine commitment to fix the things behind the drug use, not just the drug use itself.
The order comprises three phases: stabilisation, consolidation and maintenance, and reintegration. It is not uncommon for participants to move back and forth between the phases over the two-year order, depending on their progress and treatment needs.
The participant is supported with their immediate needs. Participants are not punished for their drug or alcohol use provided they are honest about what they have used. In this phase, they:
Participants are promoted to phase 2 when they have established control over their drug or alcohol use. In this phase, they:
It is expected that participants will be abstinent from drugs and alcohol. Participants are supported to maintain the changes they have made and be reintegrated into the community through work or study. In this phase, they:
Regular hearings will occur as the person attends court, as directed by their order. During these hearings, the magistrate will speak to the order, assess compliance and determine the appropriate program phase. If they think the DATO should be terminated, then a breach hearing is scheduled. If after the hearing the magistrate decides to cancel the order, then the participant can be required to serve some or all of the prison sentence that was suspended when they were placed on the order.
All of this may sound like a lot – and it is. Jail may be easier in many people’s eyes, as this order is not the easy way out. It is hard work. But that is what real change takes. Those on this order must approach it with a genuine commitment to fix the things behind the drug use, not just the drug use itself.
Including tough bail laws being introduced in Victoria, the South Australian Government ruling out raising the age of criminal responsibility, a new parole board president appointed in Queensland and more.
The Australian Federal election is coming up. This is about voting for the Prime Minister and other federal politicians. It will be held on 3 May 2025.
“We can’t get information about how a party or candidate’s policies must impact prisoners,” Kelly told About Time. “Prison officers also will not provide us with any information as it is seen as political.”
Prison work differs across the country.
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