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					                              PARLIAMENT OF VICTORIA
                           _________________________________


                 DRUGS AND CRIME PREVENTION COMMITTEE




  INQUIRY INTO THE RECORDS OF THE LAPSED INQUIRY INTO THE
    IMPLEMENTATION OF THE GOVERNMENT'S DRUG REFORM
                        STRATEGY

                           REPORT TO THE PARLIAMENT



                                     MARCH 2000


                              ORDERED TO BE PRINTED


                              Victorian Government Printer
                                          2000


No. 16 - Session 1999-00
                Drugs and Crime Prevention Committee
                        Of the 54th Parliament


                              Committee Members


Mr. Kim Wells, M.L.A., Chairman



The Hon. Cameron Boardman, M.L.C.,



Mr. Kenneth Jasper, M.L.A.,



Mr. Hurtle Lupton, M.L.A.,



Mr. Bruce Mildenhall, M.L.A., Deputy Chairman



The Hon. Sang Minh Nguyen, M.L.C.,



Mr. Richard Wynne, M.L.A.,



                               Committee Staff


Mr Rob McDonald
Executive Officer


Mrs Maria Rowe
Office Manager/Research Assistant




                                     i
      Functions of the Drugs and Crime Prevention Committee



The Victorian Drugs and Crime Prevention Committee is constituted under the Parliamentary
Committees Act 1968, as amended.

Parliamentary Committees Act 1968


       Section 4 EF.


       ‘To inquire into, consider and report to the Parliament on any proposal, matter or
       thing concerned with the illicit use of drugs (including the manufacture, supply or
       distribution of drugs for such use) or the level or causes of crime or violent
       behaviour, if the committee is required or permitted so to do by or under this Act.’




The Drugs and Crime Prevention Committee’s address is:

                                        Level 8
                                    35 Spring Street,
                                 Melbourne Victoria 3000

                             Telephone:     (03)   9651 3541
                             Facsimile:     (03)   9651 3603
                       Email: rob.mcdonald @parliament.vic.gov.au




                                           ii
                   Drugs and Crime Prevention Committee
                              53rd Parliament


The predecessor of the Parliamentary Drugs and Crime Prevention Committee was
the Parliamentary Drugs and Crime Prevention Committee established for the term of
the 53rd Parliament, under the Chairmanship of The Honourable Andrew Brideson,
M.L.C. The Committee resolved unanimoulsy, to adopt the terms of reference as
published in the Victorian Government Gazette on the 4th July 1996. The terms of
reference is appended as Appendix 1. This inquiry lapsed on the dissolution of the
53rd Parliament on 24th August 1999.

Membership of the Drugs and Crime Prevention Committee was:

The Honourable Andrew R. Brideson, MLC, Chairman

Gary J. Rowe, MLA, Deputy Chairman

Andre Haermeyer, MLA

Don Kilgour, MLA

Hurtle Lupton, MLA

The Honourable Jean McLean, MLC

Edward J. Micallef, MLA

The Honourable Dr John W. G. Ross, MLC

Jan T.C. Wilson, MLA

Staff

Mr Rob McDonald
Executive Officer

Mrs Maria Rowe
Office Manager/Research Assistant

Dr Maurice Rickard
Research Officer

Dr Sarah Crome
Research Officer




                                      iii
                     Drugs and Crime Prevention Committee Report to Parliament
___________________________________________________________________________________



         INQUIRY INTO THE RECORDS OF THE LAPSED INQUIRY INTO THE
       IMPLEMENTATION OF THE GOVERNMENT'S DRUG REFORM STRATEGY

                              REPORT TO THE PARLIAMENT


INTRODUCTION

On the 1st March 2000, the Legislative Council and on the 29th February 2000, the
Legislative Assembly resolved to refer to the Drugs and Crime Prevention Committee
an inquiry to consider and report on all the records of the previous Committee dealing
with the lapsed inquiry into the implementation of the Government's Drug Reform
Strategy. The resolution directed the Committee to determine which records could be
made available to Dr David Penington, Chairman of the Drug Policy Expert
Committee for his personal use. A copy of this resolution is appended as Appendix 2.


BACKGROUND

In March 1996 the Premier's Drug Advisory Council delivered its report, Drugs and
Our Community to the Government. The Government, following extensive debate in
the Parliament supported the vast majority of the recommendations contained in that
report and, in response, announced the Turning the Tide strategy in June 1996. Two
key committees were proposed to ensure successful development and implementation
of supported recommendations: a new Cabinet Subcommittee, and the joint all-party
Drugs and Crime Prevention Committee of the Parliament.

The Parliamentary Drugs and Crime Prevention Committee was established at the
commencement of the 53rd Parliament and at its meeting of 10th July 1996, the
Committee resolved unanimously to undertake the Inquiry Into The Implementation
Of The Government's Drug Reform Strategy. The terms of reference for this inquiry
were published in the Victorian Government Gazette on 4th July 1996.

The Committee, under its terms of reference, was charged with the responsibility of
presenting two reports. The first report focused on the extent to which the
implementation of the Turning the Tide initiatives had been achieved, and provided a
'snapshot' of progress to date. This status report also incorporated some findings from
completed overseas and interstate study tours. In the spirit of the Turning the Tide
strategy, it aimed to further inform the public debate by presenting up-to-date facts
and current issues that should provide a basis for ongoing discussion and action in the
community. This report was tabled in Parliament on 2nd December 1997.1

The second report was to provide a far more detailed analysis and investigation of the
Turning the Tide strategy as it had developed up until mid-1999 and coverage of key
drug policy issues and initiatives. This report was due for tabling on or before 30th
October 1999. On 24th August 1999 the Parliament was dissolved and therefore the
inquiry lapsed. Following the subsequent election the Drugs and Crime Prevention
1
 Drugs and Crime Prevention Committee, Victorian Government's Drug Reform Strategy, Turning the
Tide, Interim Report, 1997


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                   Drugs and Crime Prevention Committee Report to Parliament
___________________________________________________________________________________

Committee was re-appointed however the reference was not renewed and therefore
this second report remains in a draft and unadopted form.

The Government however announced on 8th November 1999 the establishment of the
Drug Policy Expert Committee (DPEC) to be chaired by Dr David Penington. The
terms of reference for Dr Penington's committee are similar to the terms of reference
of the previous inquiry conducted by the Drugs and Crime Prevention Committee. It
should be noted that the Drug Policy Expert Committee is not a Parliamentary
Committee and therefore, under the provisions of the Parliamentary Committees Act
1968 and the Standing Orders of both the Legislative Assembly and the Legislative
Council, have no right of access to the records of the previous Drugs and Crime
Prevention Committee.


CURRENT ISSUES

On 2nd December 1999 the Speaker received a written request from Dr Penington
seeking access to the records of the now lapsed inquiry conducted by the Drugs and
Crime Prevention Committee. As outlined these records are not available for
examination and the Speaker therefore requested the Drugs and Crime Prevention
Committee to examine options to permit Dr Penington access to these records.

Whilst in the process of managing the request from the Speaker the Committee has
agreed to work cooperatively with Dr Penington and is conscious of the fact that the
Penington Committee's first stage report is due on or before the end of March 2000.

Whilst wishing to assist Dr Penington, the Drugs and Crime Prevention Committee is
also keen to protect the integrity and confidentiality of the inquiry records. The
Committee also desires to preserve the Parliament's right to the intellectual property
of these records in case the Parliament or the Governor-in-Council should see fit to
propose any new terms of reference related to illicit drugs or, in turn, to pick up any
policy gaps detected through ongoing dialogue with Dr Penington and his Committee.

The Committee sought advice on how to make these records available to Dr
Penington and in a manner that accords with the practices of the Parliament. After
examination and consultation it was agreed that the Parliament, by resolution, refer to
the Drugs and Crime Prevention Committee an inquiry to consider and report on those
records of the previous Committee that could be made available to Dr Penington for
his personal use. This resolution was passed by the Legislative Assembly on 29th
February 2000 and the Legislative Council on 1st March 2000.


FINDINGS AND RECOMMENDATIONS

Therefore, in accordance with paragraph (c) of the resolution adopted by the
Legislative Assembly on 29th February 2000 and the Legislative Council on 1st March
2000 the Drugs and Crime Prevention Committee identifies the following records as
those to be made available for Dr. Penington's private use -




                                            Page 2
                    Drugs and Crime Prevention Committee Report to Parliament
___________________________________________________________________________________

•   Transcripts of public hearings dated 5th May 1998, 6th May 1998, 18th May 1998,
    11th May 1998, 4th November 1998, 5th November 1998, 6th November 1998, 2nd
    December 1998 and 3rd December 1998.

•   Public submissions called for by 7th July 1997; 17th April 1998; 5th October 1998;
    and 17th March 1999 and received from:

7th July 1997

Mr Karl Thornton
Thornton and Thornton Professional Qualified Counselling Service

Ms Deborah Homburg
The Buoyancy Foundation of Victoria

Mr Ron Harris

Ms Kathryn Brand

Mr Nick Crofts et. Al
Macfarlane Burnet Centre for Medical Research

Mr James Rowe

Ms Rosemary McClean
Australian Drug Foundation

Ms Adrian Robb
Moreland City Council

Ms Pauline Weir

Dr Valerie Yule

Ms Dina Morris

Mr Martin Vink

Professor Greg Whelan
Drug and Alcohol Studies
St Vincent's Hospital

Mr George Georgievski

17th April 1998

Mr James R Vanselow

Mr Tony Robinson
Member for Mitcham

Mr Grant Holland, Senior Social Worker
Ms Maureen Buck, Director
Waverley Emergency Adolescent Care Inc.


                                             Page 3
                      Drugs and Crime Prevention Committee Report to Parliament
___________________________________________________________________________________



Mr Benjamin Thomas

Mr Peter Wisniewski

Mr Jason Brown

Mr Charlie Stewart, Manager
Odyssey Counselling

Mr Tony Carne

Mr Glen Dower

Mr Craig Mercer, Manager
Melbourne Inner-city AIDS Prevention Centre

Mr Paul McDonald, Executive Officer
Youth Substance Abuse Service

Indaba Community Development Inc.

Mr Anthony Calabro, Executive Director
VOSA The Victorian Offender Support Agency Inc.

Mr Peter Newton

Mr Andrew Mahar
The Info X change
Technology for Social Justice

Ms Vera Boston, Secretary
Yarra Drug and Health Forum

N. Sivarasa

Ms Allison Ritter, Head of Research Development
Turning Point Alcohol and Drug Centre Inc.

Mr Maurice V Sheehan, Director
The Pharmacy Guild of Australia

Mr Irvine Newton, President
Pharmaceutical Society of Australia

Dr Gurdip S. Aurora
Scoresby Medical/ Specialist Centre

Ms Margarita Frederico, President / Director
Ms Kim Lisle, School Social Workers Group
AASW (Vic. Branch)
Australian Association of Social Workers Ltd




                                               Page 4
                     Drugs and Crime Prevention Committee Report to Parliament
___________________________________________________________________________________

Mr Peter Cleeland
Secretary Victorian Drug Reform Foundation
Vice-President, Australian Drug Law Reform Foundation

Rev. T. M. Doyle, Director of Catholic Education
Catholic Education Office

Mr Phillip Shanahan, Chief Executive Officer
Maribyrnong City Council

Ms Mary Mahon

Ms Lisa Yatis

Monday 5th October 1998

Ms Anne Parkes, Manager
The Southern Health Care Network
Dandenong Community Health Service

Dr. Benny Monheit
Southern Metropolitan Addiction Consultancy Clinic

Mr Joe Lambert
Lambert Associates Rehabilitation Consultants

Mr Rob Melasecca
Melasecca Zayler Barristers and Solicitors

Acting Inspector Ian McCallum, Drug and Alcohol Policy Coordinator
Victoria Police

Ms Deborah Homburg, Coordinator
The Buoyancy Foundation of Victoria

Mr James Dillon

Mr John Griffin, Chief Executive
CORE The Public Correctional Enterprise

Mr Paul Jolevski

Mr Brian Greaves, General Manager
Central Region Prisons
CORE The Public Correctional Enterprise

Ms Kirsty Morgan, Acting Coordinator
VIVAIDS Victorian Drug User Group

Mr Tim Costigan, Coordinator
SHARC Self Help Addiction Resource Centre Inc.

Ms Debbie Lustig




                                              Page 5
                     Drugs and Crime Prevention Committee Report to Parliament
___________________________________________________________________________________

Stephen Wallace
School of Psychology
Deakin University

Ms Catherine Bell
Ms Sue Murray
Ms Margaret McDonald
Regional Drug Education Facilitators
Drug Education Unit
Department of Education

Mr Richie Robertson, Manager Western Programs
Caraniche Pty Ltd

Mr Mark Lawrence, Secretary
Families and Friends
Drug Information and Support Service

Ms Irene Verins, Chairperson
Springvale Drug Action Committee

Ms Vera Boston, Secretary
Yarra Drug and Health Forum

Mr Gary Wright
Manager - Justice Services
Moreland Hall

17th March 1999 (Submission requested for regional visit to Gippsland Region)

Ms Barbara Calvert

Mr Fred G Ward

Miss Susanne G Landy

Mr Axel Foley

•   Expert papers commissioned by the Drugs and Crime Prevention Committee
    entitled:

a) Investigation of the Issues in the Regulation of Cannabis Possession, Use
   and Supply, National Centre for Research into the Prevention of Drug
   Abuse, May 1999

b) Illicit Drug Data Trends and Data Needs in Victoria
   Turning Point Alcohol and Drug Centre, June 30th, 1999

c) Illicit Drug Treatment Options in Victoria
   Turning Point Alcohol and Drug Centre, May 1999




                                              Page 6
                   Drugs and Crime Prevention Committee Report to Parliament
___________________________________________________________________________________

d) Injecting Drug Use and Infectious Disease: The Nature and Extent of the
   Problem in Victoria and Viable Measures to Address it
   The Centre for Harm Reduction, The Macfarlane Burnet Centre for
   Medical Research, 30th June 1999

e) Drug Use Among NESB Communities: Patterns, Problems and Practical
   Responses
   The Centre for Harm Reduction, The Macfarlane Burnet Centre for
   Medical Research Ltd, 3rd June 1999)

f) Problematic Drug Use in Corrections Setting: Patterns, Problems and
   Possible Therapeutic Responses
   The Centre for Harm Reduction, The Macfarlane Burnet Centre for
    Medical Research Ltd, 14th May 1999

g) Drug Harm Minimisation and the Criminal Justice System
   Centre for Police and Justice Studies, Monash University, 8th March 1999

•   Occasional Papers
    a) "Harm Minimisation: Principles and Policy Frameworks", 1999
    b) "Safe Injecting Facilities: Their Justification and Viability in the Victorian
       Setting", 1999

•   Report on research Commissioned by the Government for the Drugs and Crime
    Prevention Committee
    - Final Report on Cannabis and Psychosis, Mental Health Research Institute of
       Victoria, November 1999

•   Version of incomplete and unadopted Chairman's draft report as at date of
    dissolution of the 53rd Parliament on 24th August 1999.


Committee Room

7th March 2000




                                            Page 7
                   Drugs and Crime Prevention Committee Report to Parliament
___________________________________________________________________________________




                                            Page 8
Appendix 1: Terms of Reference
___________________________________________________________________________________


                            Appendix 1: Terms of Reference

                                    Terms of Reference
The Parliamentary Drugs and Crime Prevention Committee shall inquire into, consider and report to the
Parliament on the implementation of the Government's Drug Reform Strategy, and in particular to: -


         1.       Monitor the implementation, and evaluate the effectiveness, of the comprehensive
         drug reform strategy announced in response to the report of the Premier's Drug Advisory
         Council in the document "Turning the Tide",


         2.       Investigate and evaluate national and international experience in the drug area. This
         will include undertaking an evaluation of differing approaches to the drug problem in other
         states, particularly South Australia and the A.C.T., and international jurisdictions.


        3.        Monitor and evaluate two research projects which will be commissioned by the
        Government. The first will further investigate any linkage between marijuana use and the onset
        of schizophrenia and other mental illness. The second will investigate the effects of marijuana
        use on driving and support expanded work on the development and commissioning of a
        roadside testing mechanism for marijuana.


A preliminary report focusing on the extent to which implementation of initiatives has been achieved
will be required to be tabled in the Parliament no later than December 1997.


A second report providing a clear indication of the extent to which the use and abuse of drugs and the
physical, emotional and social harm that results has been reduced will be required to be tabled in the
Parliament no later than June 1999. This report will take into account the results of the research
projects considered by the Committee and the evaluation of national and international experience.


The two reports will form the basis for ongoing action, including legislative reform.


Dated 25 June 1996


Responsible Minister:
J. G. Kennett
Premier




                                                  Page 9
Page 10
Appendix 2: Resolution
___________________________________________________________________________________


                           Appendix 2: Resolution

           DRUGS AND CRIME PREVENTION COMMITTEE

Extract from the Votes and Proceedings of the Legislative Assembly on
29th February 2000 and the Minutes of the Proceedings of the Legislative
Council on the 1st March 2000 –

"That –
(a)      there be referred to the Drugs and Crime Prevention Committee for
         inquiry, consideration and report all records (including minutes of
         evidence) of the previous Committee, presently under the control
         of the Presiding Officers, of the lapsed inquiry into the
         implementation of the Government’s Drug Reform Strategy
         originally referred to that Committee by Order in Council dated 25
         June 1996, in order to determine which of those records (other than
         confidential submissions and minutes of evidence taken in private)
         of the previous Committee that could be made available to Dr
         David Penington, AC, Chairman of Drug Policy Expert Committee
         for his personal use; and
(b)      the present Committee is required to finally report to the
         Parliament by 14 March 2000; and
(c)      on the final report of the present Committee being made to the
         Parliament, a copy of all records identified by the Committee in the
         report as being records which could be made available, be made
         available for Doctor Penington’s personal use as soon as possible
         by the Clerk of the Parliaments and these records are not to be
         released or published by Doctor Penington in any way or form.”




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