The first official evaluation of the Early Drug Diversion Initiative (EDDI) in NSW by the
NSW Bureau of Crime Statistics and Research (BOCSAR) has revealed NSW Police are only using diversion powers for less than 25% of people eligible for the scheme and those experiencing disadvantage are more likely to receive a court notice rather than a diversion.
EDDI came into effect on the 29th February 2024 with the aim to address some of the harms caused by our unfair drug laws. The BOCSAR evaluation, released today, examined data from the first 12 months of the scheme's operation.
"This BOCSAR again highlights that your postcode and the type of drug you might be carrying plays a huge role in determining whether you might receive a diversion," Alice Salomon, Uniting NSW.ACT's Head of Advocacy said.
"With non diverted cases flowing into the Courts, the Report identified significant potential savings for the taxpayers of NSW if the Scheme was better utilised," she said.
"These figures highlight how these laws are exacerbating disadvantage for those who can least afford it.
"We really need a better EDDI.
"There's clearly a schism here between the intention of the scheme and how it's being utilised by Police.
"The scheme's poor design along with Police culture is undermining the intent behind diversion.
"More than ever communities need equity, transparency and consistency when policies are implemented.
"If your loved one was caught using drugs, would you prefer they receive a potential criminal record or a referral to a health service?
"It's 15 months on from the NSW Drug Summit – we need real action to positively reform EDDI with a degree of urgency and real action on broader drug law reform measures in NSW.
"Last October in its response to the NSW Drug Summit Report the NSW Government stated that 'work to reform and to increase the use of EDDI is underway' - we are now waiting for urgent improvements and reforms to be made to the scheme," Alice said.
"We are hopeful that any changes will be informed by data and by input and feedback from the AOD sector, people with lived experience and legal experts – including what we all heard so clearly at the Drug Summit.
"NSW urgently needs an improved version of the EDDI scheme, which would include ensuring diversion is the default response by police, abolishing the strike system, lowering the fine, and removing the concurrent offences from the eligibility criteria," she said.
"Hopefully this evaluation by BOCSAR will spur the government to act.
"Like so many in the sector and the community, we want to see this scheme work. We want to see the people who stand to benefit the most from this diversion to have access to it."
Data previously collated by the Drug Policy Modelling Program (DPMP) at UNSW showed a low uptake in the scheme's use by police, with specific drugs being policed more heavily, and some demographics, such as First Nations communities, more likely to be funnelled through the criminal justice system.
"This evaluation shows again that EDDI is more available for those who use cocaine or MDMA and those who aren't First Nations, making EDDI a system that favours those with privilege," Alice said.
Uniting has run the Medically Supervised Injecting Centre in Kings Cross for nearly 25 years and spearheaded the Fair Treatment campaign for fairer drug laws for over seven years.
