A leading Canberra harm reduction advocate has called for an urgent review of parole conditions that prohibit all illicit drug use, arguing they are at odds with the territory's progressive decriminalisation laws and are setting people up to fail.
Parole conditions clash with health-based approach
The push follows the recent publication of a report by the Canberra Alliance for Harm Minimisation and Advocacy (CAHMA), which highlights the struggles of people on parole, like "Alan," who are trying to reintegrate into the community. The report details how individuals living in unstable accommodation and relying on street services find it nearly impossible to avoid contact with substances, putting their parole at serious risk.
Chris Gough, the Executive Director of CAHMA, said the core parole condition banning any prohibited substance use needs scrutiny. This comes after the ACT passed laws in 2023 allowing adults to possess small amounts of drugs like cocaine, heroin, and MDMA for personal use without facing criminal charges.
"We do need to look at the Crimes Act, which covers probation and parole, and just review it and make sure that it's fit for purpose now that our legal system is describing personal drug use as a health issue and not a criminal matter," Mr Gough stated.
The real-world impact on reintegration
Parole in the ACT is granted by the Sentence Administration Board and comes with strict conditions. A breach, such as a positive drug test, can see an individual returned to prison to serve the remainder of their sentence.
Mr Gough pointed out that many CAHMA clients use cannabis, which has been legal for personal use in the ACT since 2020. He questioned whether a blanket ban on use is always appropriate for rehabilitation.
"In some cases, [the condition] might be appropriate, but in others it's forming a real barrier and potentially those people are at risk of being sucked back into the criminal justice system," he said. "Are we still looking at people who use drugs and alcohol through a criminalised lens?"
Historical data underscores the issue. In 2021, then corrections minister Mick Gentleman revealed that in the year following cannabis decriminalisation, 35 parolees tested positive for the drug, with six having their parole orders cancelled as a result.
Political divide on the issue
The call for reform has been met with resistance from both the ACT government and the opposition. An ACT government spokesperson defended the existing conditions, stating that drug use is often a key factor in offending and increases the risk of reoffending.
"The core condition relating to the use of prohibited substances reflects the reality that drug use is often a key factor in offending, increases the risk of reoffending and impacts a person's ability to successfully reintegrate into the community," the spokesperson said.
Meanwhile, Canberra Liberals leader Mark Parton firmly opposed any weakening of parole rules. "The Canberra Liberals fully support parole conditions that include the requirement to test negative for illegal substances," he declared.
Advocates argue that the system should offer more flexibility, such as mandating treatment or support programs instead of automatic punishment for use. The debate highlights the ongoing tension between a public health approach to drug use and the traditional punitive framework of the justice system, even in Australia's most progressive jurisdiction.
