Hansard debates

Ms PATTEN (Northern Metropolitan) tabled following statement in accordance with Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the charter), I make this statement of compatibility with respect to the Drugs, Poisons and Controlled Substances Amendment (Pilot Medically Supervised Injecting Centre) Bill 2017.

In my opinion, the Drugs, Poisons and Controlled Substances Amendment (Pilot Medically Supervised Injecting Centre) Bill 2017, as introduced to the Legislative Council, is compatible with human rights as set out in the charter. I base my opinion on the reasons outlined in this statement.

Overview of bill

The main purpose of the Drugs, Poisons and Controlled Substances Amendment (Pilot Medically Supervised Injecting Centre) Bill 2017 is to enable the licensing and operation of a medically supervised injecting centre for a trial period of 18 months. The stated objects of the bill are to:

reduce the number of deaths from drug overdoses;

to provide a gateway to health and social assistance for clients of the licensed injecting centre, including drug treatment, health care and counselling;

to reduce drug overdose-related ambulance attendances;

to reduce the number of discard needles and syringes and the incidence of drug injecting in public places;

to improve the amenity of the neighbourhood for residents and traders in the vicinity of the licensed injecting centre;

to assist in reducing the spread of bloodborne disease, including but not limited to HIV infection or hepatitis C.

The bill provides for the licensing of one injecting centre for a trial period of 18 months; data collection and review; the establishment of internal management protocols; and exemptions from criminal liability for the use and possession of a small quantity of a drug of dependence within the centre.

Human rights issues

Human rights protected by the charter that are relevant to the bill

The Drugs, Poisons and Controlled Substances Amendment (Pilot Medically Supervised Injecting Centre) Bill 2017 does not limit any human rights. However, human rights are relevant to the bill and are promoted.

In particular, the bill promotes the right to life under section 9 of the charter, by taking measures to protect the lives of a vulnerable cohort of society.

Consideration of reasonable limitations — section 7(2)

As the bill does not raise any human rights issues, it does not limit any human rights, and therefore it is not necessary to consider section 7(2) of the charter.

Conclusion

I consider that the bill is compatible with the charter because it does not raise any negative human rights issues.

Fiona Patten, MLC