About the programs
Queensland's alcohol and other drug diversion programs are part of our harm minimisation approach to substance use. Harm minimisation aims to reduce the social, health and community harm caused by alcohol or other drug use.
The programs divert people away from the criminal justice system for minor drug offences. This helps people get the treatment and support they need for alcohol or other drug use.
There are 3 drug diversion programs available in Queensland.
- Police drug diversion program
- Illicit drugs court diversion program
- Drug and alcohol assessment and referral
How we support the programs
We provide the health response for people who take part in the programs.
The health response includes a single, confidential appointment with a trained alcohol and other drug counsellor. The counsellor works with people who take part in the programs to provide:
- a counselling session that meets the person's individual needs and situation
- an assessment of the person's alcohol or other drug use
- education and harm reduction strategies to support the person
- referrals to voluntary alcohol and other drug treatment services if the person wants and needs it.
We work with the Queensland Police Service and the Department of Justice and Attorney-General to manage and support program delivery. We also work with the following health services to deliver the counselling sessions.
- Queensland Hospital and Health Services
- Adis 24/7 Alcohol and Drug Support
- Specialist non-government alcohol and other drug services organisations
- The non-government Diversion Coordination Service that coordinates diversion appointments
Police drug diversion program
This police drug diversion program is available for adults and young people under 18 years of age. A person may be eligible if they're arrested for or questioned by police about a minor drug offence. A minor drug offence includes possession of:
- small amounts of illicit drugs and non-prescribed pharmaceutical drugs
- anything used to take or administer these drugs such as syringes.
The Queensland Police Service is responsible for assessing a person's eligibility for the program. They must offer the program to a person if they're eligible.
A person may be offered the opportunity to take part in the police drug diversion program 3 times. Police can offer:
- a drug diversion warning for the first eligible offence
- referral to a health response appointment for the second or third eligible offence.
If an eligible person completes the program for a minor drug offence it means they won't:
- be charged with a criminal offence
- have to attend court
- have a criminal record for the minor drug offence.
Find out more about the program and eligibility requirements on the Queensland Police Service website.
Illicit drugs court diversion program
The illicit drugs court diversion program is for adults or young people under 18 who:
- are appearing in a Queensland Magistrates Court or Queensland Children's Court
- have plead guilty to a minor drug offence.
The minor drug offence includes possession of illicit drugs or anything used to take or administer illicit drugs such as syringes.
A person must submit a referral form to the court registry to be considered for the program. Get the referral form and find out how to refer yourself on the Queensland Courts website.
If the court agrees for a person to take part in the program it will issue a court order. If the person completes the program they won’t:
- be convicted for the minor drug offence
- need to return to court.
If the person doesn't complete the program, the court may find them in breach of a court order. They may need to return to court.
There are additional eligibility requirements and matters the courts will consider before it agrees that a person can take part in the program. Learn more about the program and eligibility on the Queensland Courts website.
Drug and alcohol assessment and referral program
The drug and alcohol assessment and referral program is available for adults who are appearing in a Magistrates Court and have either:
- plead or intend to plead guilty to a minor drug offence
- identified that drug and alcohol use was a contributing factor to the offence they've been charged with.
The drug and alcohol assessment and referral program can only be offered to a person twice in a 5 year period.
If the person completes the program under a recognisance order they won't get a conviction recorded for the minor drug offence. The person generally won't need to return to court unless they take part in the program as a bail condition. If they complete the program as a bail condition, they may need to go back to court to finalise their matter.
A person must submit a referral form to the court registry to be considered for the assessment and referral. Get the referral form and learn more about eligibility on the Queensland Courts website.
Help and support
You can get free legal advice and support about drug diversion programs from the following Legal Aid Queensland advice lines.
Adults
If you’re over 18, you can get free advice from Legal Aid Queensland’s drug diversion legal advice line.
Call 1300 004 924 to talk with a lawyer. Learn more about the advice line and check the opening hours on their website.
Minors and young people
Legal Aid Queensland's youth hotline offers free, confidential legal advice to minors and young people under 18 years.
Call 1800 527 527 to talk with a lawyer or learn more about the Youth Legal Aid Hotline on their website.
Aboriginal and Torres Strait Islander peoples
Legal Aid Queensland offers free, culturally appropriate legal advice and support to Aboriginal and Torres Strait Islander peoples.
Call 1300 650 143 to talk with a lawyer. You can find out more about the advice line or visiting your local Legal Aid office on the Legal Aid Queensland website.