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Legislative Assembly
 
Drugs, Poisons and Controlled Substances Miscellaneous Amendment Bill 2017

23 March 2017
Second reading
FRANK McGUIRE  (ALP)

 


Mr McGUIRE (Broadmeadows) — The opposition's position on this bill is a combination of alternate facts and gesture politics. We live in a perilous time if alternate facts are not just dismissed for what they are, which is propaganda. Let us have a look at what they have actually done on this bill. They have an argument where they say that consultation was too long, yet, as I have been informed, they only came up with these proposed amendments last night. So where have they been? Is the intent about policy or merely playing politics? I think it is pretty transparent where the coalition lies on this. It reminds me of the proposition — —

Honourable members interjecting.

Mr McGUIRE — I am hearing now across the chamber, 'We're not opposing; we're supporting'. Let us actually set it in the context of what they are looking to do. They are arguing about the difference between gesture politics and political posturing. That is what they did in their time in government. They wasted the opportunity, and the Andrews government is actually getting on with it. We are actually changing the law and implementing the changes that are required and have been the subject of considered discussion and input from the community. That is the proposition.

This sort of alternate facts proposition reminds me of the whole situation on baseline sentencing that keeps recurring. I want to remind the house that the Court of Appeal in Victoria wrote off the Napthine government's baseline sentencing scheme and described it as 'incapable of being given any practical operation' and remarked that it had an 'incurable defect'. This is actually the Court of Appeal in the state of Victoria declaring it as unworkable. What we are hearing is this alternative narrative that the opposition are trying to propose, that they were strong on crime and that allegedly the government is not. This is a false proposition that must be addressed.

Mr Hodgett — On a point of order, Deputy Speaker, I realise the member probably wrote his speech yesterday and might not be aware of the amendments circulated in the house, but my point of order is in relation to relevance. There is some leeway in the debate, but I would ask the member to actually come back and talk about and debate the bill.

The DEPUTY SPEAKER — Order! There has been some movement around this debate, but I do ask the member for Broadmeadows to speak to the bill.

Mr McGUIRE — Thank you, Deputy Speaker. I want to make the point that I am speaking to the bill and the debate because this is the context of the narrative that is being proposed by the coalition, which is a false proposition.

Ms Kealy interjected.

Mr McGUIRE — I have been listening carefully. The lead speaker for the National Party argued about having to have police on the beat to implement the legislation. Well, this is the government that has actually delivered on that, with an investment of nearly $3 billion in policing and crime prevention and 4210 police personnel having been funded.

Let us actually deal with the facts, not the propaganda. That is the critical point I am making, and I am calling out that the coalition has priors on this. They are recidivists. We keep hearing the same echo-chamber effect, so this is part of the debate and should not be dismissed.

Mrs Fyffe — On a point of order, Deputy Speaker, every member in this house knows and the member for Broadmeadows knows that debate on a bill is not an opportunity to attack the opposition. I ask you to bring him back to the bill.

The DEPUTY SPEAKER — Order! There has been some debate on this bill, but I do ask the member for Broadmeadows to stay within the parameters of the bill.

Mr McGUIRE — Thank you, Deputy Speaker. I am right on the bill, on the debate and in context. It is just that I am talking about an inconvenient truth that they do not want to hear.

The Victorian government with this bill will ensure that those who are most responsible for Victoria's illegal ice trade face tough and appropriate penalties that recognise the particularly harmful effects of ice on the community. This is where we do have a unity ticket, thankfully. Ice is a horrific drug that causes devastating harm to individuals and communities across Victoria and nationally.

According to the Australian Criminal Intelligence Commission the market for ice in Australia is entrenched and expanding, and of all illicit drugs ice poses the highest risk to the Australian community. In Victoria a Sentencing Advisory Council report released in March 2015 found that ice was the most common drug trafficked in commercial quantities in Victoria over the preceding five years. This is an indication of how pernicious it is, the impact it is having and how widely it is being trafficked.

Ice is highly addictive and its use can have both physical and psychological health consequences for users. The ripple effect that follows is that it disrupts families and communities, is linked to violence and property crime, and damages the environment. More specifically the use of ice can make people aggressive or violent, and we have seen reports on the news and on programs such as Four Corners on the extreme violence that can be provoked by ice.

It can also lead to serious sleep deprivation that wreaks havoc on a person's moods and anxiety levels, and can lead to symptoms of psychosis. This can have a significant impact on family and friends, leading to conflict and isolation. The ripple effect is not just on the user; it is on their families, on their network of friends and into the community as well. Victorian courts sentencing offenders for drug-trafficking matters are required to sentence based on the quantity of the drug being trafficked and to disregard the harmfulness proposition that is involved.

The second set of reforms included in this bill is aimed at closing the loopholes in the Drugs, Poisons and Controlled Substances Act 1981, which has resulted in some Victorian retail outlets, including tobacconists and sex shops, openly selling synthetic drugs. Synthetic drugs are developed to mimic the effects of illicit drugs such as cannabis and ecstasy, while attempting to avoid existing drug control measures. They are often marketed as 'legal highs'. This is obviously a marketing tool to try to get around the proposition of their impact and give them a cloak of credibility.

Prospective users may interpret the marketing and overt supply of these substances as meaning they are legal and safe to use or less harmful than illicit drugs. However, we know this simply is not the case. There is often no testing done to gauge the suitability of these synthetic chemicals for human consumption prior to distribution. As a result, the effect on drug users is unpredictable and potentially volatile, addictive and toxic, especially if mixed with other substances. This is the cocktail effect that these drugs can have, with consequences unbeknown to users and incredibly damaging to them, to their families and to the wider community.

The World Health Organization's Expert Committee on Drug Dependence has highlighted the dangers posed by synthetic drugs. It has indicated that the harmful effects vary between substances but can include seizures, heart problems, high blood pressure, withdrawal symptoms and dependence-producing properties, transmission of blood-borne infectious diseases through drug injection and overdoses. That is a whole other set of compounding problems. Further risks are associated with instances of driving under the influence of synthetic drugs. In Australia these risks have been realised, with synthetic drugs linked to hospital emergency admissions and even fatalities, including three deaths in Victoria in a four-month period between 2013 and 2014.

Victoria has sought to prohibit the sale of synthetic drugs by adding specific synthetic drugs — that is, by reference to their chemical structure — to the list of illicit drugs prohibited in Victoria. There are currently 37 types of synthetic cannabinoids and 26 other new psychoactive substances or classes of substances currently prohibited under the act and its supporting regulations.

In summing up, what we have got is the Andrews Labor government delivering legislation to address the issue in a considered policy way that has had wide consultation and input. We then have an amount of investment in policing to enforce the laws and to take care of these issues as best we can, and these will be issues that evolve. I was glad that the manager of opposition business finally conceded that this is going in the right direction. I commend the bill to the house.