Background
Harms associated with alcohol and other drug problems cost Australia $35 billion per year. These include overdose deaths, liver damage, accidents, mental health effects and blood-borne virus acquisition. Governments have long sought to prevent harms through prohibition, where drug use is criminalised. While drugs can be associated with harm, many harms are driven by prohibition itself. Prohibition drives stigma and discrimination, generates social exclusion and poverty, pushes drug use underground and increases the risk of injuries, illness and death. Globally, governments are acknowledging the failings of prohibition, and countries including The Netherlands, Germany, Thailand, parts of the USA and Portugal have decriminalised some drugs or opened up legal markets, reinvesting in harm reduction, social supports and human rights. Australia has introduced some reforms, but progress is slow and tools to help government navigate this area are needed. Affected communities are increasingly claiming their fundamental human rights and arguing these rights are not being upheld.
Australia lacks a practical, considered roadmap for moving towards less punitive approaches. Without one, governments and communities lack a unifying understanding of the issues and how to address them, essentially blocking necessary change.
The challenge
In 2021, a global consortium of experts developed the landmark Global Drug Policy Index ranking 30 countries’ performance on drug policy. The Index demonstrates Australia’s comparatively weak progress on drug policy, marked by persistently high rates of stigma, discrimination and human rights abuses.
Australia’s challenge is to review its approach, build a rights culture after decades of punitive, rights- violating approaches, and a clear pathway to reform.
The method
Stage 1 – Legal analysis: We will develop a new and comprehensive legal database of drug law on the books and law in practice. Legislation and case law will be compared to identify overlaps and tensions. Building the database will provide the foundation for stages 2–5.
Stage 2 – Expert interviews: We will undertake in-depth qualitative interviews with global legal and policy experts and Australian legal and human rights experts.
Stage 3 – Discovery workshop: The collaboratory will analyse the stage 1–2 data in a discovery workshop to identify key pressure points where rights are being infringed and in urgent need of reform. The workshop will result in a comprehensive report for the sector.
Stage 4 – Professional development series: In four seminars, experts will consider and build on analyses from stages 1–3. Findings will be presented in the first three sessions, including training on what the Review and Roadmap means for practice, with the final seminar a listening session on supports needed to build a rights and reform culture.
Stage 5 – National Law Reform Convention: The collaboratory will co-host a landmark National Law Reform Convention. It will bring together industry partners and government, sector, practice and advocacy stakeholders to produce a detailed agenda to guide reform.
The impact
This work will generate new knowledge on drug law, policy and practice, with a particular focus on obligations to affected communities. It will strengthen industry capability to recognise and realise rights, embed practical reform measures and support improved health, social and economic outcomes for consumers, families and communities.
We’ll be posting more about what we find as the project progresses, but in the meantime you can get in touch using the details on our contact page for more information.