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Accessible to offenders via WA’s court system, our Diversion Program helps people with alcohol and other drug (AOD) concerns break the cycle of AOD use and related offending and harm.

What Are Diversion Programs?

Our early intervention court diversion program provides three one-on-one counselling sessions that help offenders address their drug and alcohol use-related behaviours. One of our specialist drug counsellors will listen to participants’ experiences without judgement, give confidential legal advice, and provide a space to talk freely, helping them to:

  • Identify and avoid AOD-use triggers
  • Assess the role AOD substances may play in their lives, including alcohol assessment and other drug use
  • Prevent relapses and access further treatment or other support services
  • Improve their physical health, mental health, and mental well-being
  • Promote behavioural change and reduce the likelihood of reoffending.

The program also serves as an opportunity for participants to experience the counselling process and potentially recognise the value of seeking treatment, education, and other drug counsellor support. This does not strictly mean AOD counselling, but also includes harm reduction strategies and other support services that may help them make better decisions and achieve positive changes.

Accessing the Drug Diversion Program

The program operates in Midland, Armadale, Perth, Northam, and Joondalup. Participants are not restricted to the location where their criminal offence takes place.

Each location (or court) has its own Diversion Officer who is responsible for assessing the suitability and eligibility of offenders for the program. Our officers liaise with key stakeholders, including Legal Aid, court orderlies, and the Court Welfare and Prosecution teams, to identify potential participants.

Prospective participants can also approach the Diversion Officer directly in court on the day of their appearance and ask to participate in the program. Duty lawyers, attorneys, or Legal Aid representatives can also approach our officers on behalf of their clients to request an assessment by one of our officers.

Our Process: Court Diversion, Assessment, and Support

Our officers will assess prospective participants and then direct the assessment to the judges at the magistrates’ court as a report describing the participant’s current stressors and suitability for the program. On approval, the participant will have a 6-8 week remand period in which to complete their counselling sessions.

The Diversion Officer will assign a trained alcohol and drug counsellor who best suits each participant. The counsellor will then book a minimum of three counselling sessions with the participant, although more than three sessions can be completed in the remand period. At the end of the remand period, when the participant returns to attend court for sentencing, we will send a report to key stakeholders, including the prosecution team, the Legal Aid team, and any other relevant stakeholder from the court system, for the magistrate to review a week before the return court date.

If the approved participant is unable to complete the minimum three counselling sessions, we can make a request for a further treatment period of 4-6 weeks.

Eligibility For Our Court Diversion Program

To be eligible for the program, offenders must be open to participating in AOD counselling and meet the following criteria:

  • They must have pleaded guilty
  • They must not have an extensive criminal record or prior convictions for serious offences (i.e. sexual offences, drug trafficking or intent to sell or supply, high-level violence offences)
  • They must not be facing a mandatory prison sentence (eligible participants are typically facing a fine, Community-Based Order, Intensive Supervision Order, or driving offences resulting in demerit points)
  • They must admit to using alcohol, illicit drugs, or other drug use, including the illicit use of prescription medication.

The WA Police Drug Diversion Program is managed by the Mental Health Commission with support from key stakeholders, including the Department of Justice and the WA Police. The program works closely with the criminal justice system, the juvenile justice system, and the children’s court, where appropriate. For more information, contact us on (08) 9416 4444 or email clientservices@holyoake.org.au.

Frequently Asked Questions

An example of a drug diversion is when a person charged with a minor offence, such as possession of illicit drugs, is given the chance to participate in a diversion program instead of moving straight through the criminal justice system. This can involve counselling sessions and following a proper diversion plan.

A diversion risk medicine is a prescription medication that may be misused. This can sometimes contribute to drug and alcohol use concerns.

An eligible person will be assessed and supported to address the factors linked to their offending. Participants meet with a trained counsellor, and once their sessions are completed, a report is provided back to the magistrates’ court before the next time the person attends court.

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