Option for Cash's ACT drugs of dependence motion down but not out following Senate vote

The proposal to send Senator Michaelia Cash’s Drugs of Dependence (Personal Use) Amendment Act 2023 (ACT) to the Legal and Constitutional Affairs References Committee was defeated 34 votes to 27 last night (17 October). However, debate can still be held on her bill during the current sitting period.

The motion by Senator Cash seeks to block the ACT’s drug decriminalisation law.

ACT Independent Senator David Pocock said the “hours upon hours” being spent in the Senate to stop “repeated attacks” on Territory Rights was a waste of everyone’s time.

“These attacks are a disservice not only to Canberrans but to the entire nation, who rightfully expect that senators are bringing the views of their states and territories to the table in consideration of national policies,” he said.

“I have, and will continue, to advocate for more transparency from both major parties, but I will not support politically motivated moves that use transparency as a fig leaf for undermining the ACT’s right to self-governance.”

Ms Cash is a Liberal senator from Western Australia, while her Nationals colleague and Queenslander Matt Canavan also tried to introduce legislation to dictate the ACT hold an inquiry into the acquisition of the North Canberra Hospital to the Senate earlier this year.

Mr Pocock said that by singling out the ACT, the Senate wasn’t hearing about the experiences of other communities who may want to see greater support for people seeking treatment for addiction.

“Alcohol-related deaths have increased for a fourth year in a row across Australia, and the high rate of opiate-related deaths are certainly an issue in the ACT that we should be considering,” he said.

“If the Coalition is genuine about preventing alcohol and drug-related harms, and supporting people into treatment, then we need to look at the whole picture nationwide, not just single out the ACT for a political purpose.

“I would certainly support an inquiry looking at the challenges nationwide, but I can’t support a narrow inquiry intended to politically undermine self-governance of our Territory.”

Former Territory Chief Minister and now ACT Labor Senator Katy Gallagher accused the Opposition of trying to play games and exert influence over a jurisdiction where they had no representation.

“This is a political party that has chosen the politics of division over everything else,” she said.

“We see it in absolutely everything that comes to the Senate, and if they can pick a fight and … toss out a bit of red meat to have that kind of inflammatory debate, they will do so.

“They don’t care about evidence; they don’t care about rational debate or considering the fact that the Territory is very well managed under a democratically elected parliament.”

She argued the removal of the bill which restricted Territory rights showed the Commonwealth Government recognised the maturity of the ACT Legislative Assembly and that it should be left to the Territory Government to govern.

“It’s not the role of the Commonwealth Government to interfere, to play games, and to pretend to know about policy issues for which they have no responsibility for,” Ms Gallagher said.

It’s unknown what the result of the next debate over Ms Cash’s bill will be, but Chief Minister Andrew Barr doesn’t believe this will be the last time the Federal Opposition will try interfering with Territory affairs.

“The Federal Coalition can’t help themselves but want to interfere in the democratic rights of the ACT,” he said.

“It’s part of a culture war … but it demonstrates the values of the Liberal Party, in particular, that they are prepared to trample on the rights of ACT residents through their democratically elected parliament.

“I know a number of Coalition senators have attempted to do this on a variety of issues and so I expect that to continue.”

The Cash bill’s defeat came as NSW is making its own changes to how police deal with the possession of small quantities of drugs.

Given it’s a state, the Commonwealth cannot interfere with its legislative processes.

NSW Police will soon be able to issue up to two on-the-spot Criminal Infringement Notices of $400 to adults for personal drug use and small quantity drug possession offences.

If a person completes a tailored drug and alcohol intervention, their fine will be treated as if it has been paid.

It is anticipated the NSW scheme will commence in early 2024.

Given the juxtaposition between how NSW and ACT legislative change can be treated by the Commonwealth, Mr Barr said he hoped progressive forces in the Senate would continue to resist attempts by the Coalition to interfere in Territory business.

“I would hope that what we saw yesterday, where an overwhelming majority of senators rejected this hyper-political culture war intervention, that that voting bloc will hold together to resist further attempts that I’m sure are coming,” he said.

Senator Cash was contacted for comment.