11 Legal Studies

Year 11 Legal Studies

a) Outline the recent changes that have taken place regarding drug use and the law (200-300 words)
The Australian Legal System has undergone changes over the past 10 years in laws regarding drug use in Australia. This is due to the fact that societys values and concerns change over time meaning that the laws that govern the community also need to change. Continual research into the short term and long term effects of drug usage has also changed societys perspective on illegal substances such as cannabis and ecstasy (a street term for MDMA). The Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 was introduced into the Commonwealth of Australia and is the promotion of equality of enforcing drug laws throughout Australia. A recent change involving trafficking or using drugs is the Drug Misuse and Trafficking Regulation 2011, which fixed any areas in the Drug Misuse and Trafficking Regulation 2006 that were no longer applicable or needed. In 2003 18,304 deaths were due to drugs; the leading drugs to cause death were tobacco (15, 511), followed by alcohol (1,084) and heroin (263). The Drug Misuse and Trafficking Regulation act may have been influence by the statistics of drug-related deaths. For safety precautions the Passenger Transport (Drug and Alcohol Testing) Regulation 2010 was created. This act gives set standards towards law enforcers who test citizens for drug or alcohol abuse and also gives authority to those carrying out the test. Other drug based laws in Australia include the Medicines, Poisons and Therapeutic Goods Act 2008 which promotes public health in terms of prescription drugs and also nonprescription drugs. This act also regulates health professionals such as doctors to overdose a patient on prescription drugs.

b) Examine the conditions that give rise to the need for law reform regarding drug use. (300-400 words)
In Australia, there is a variety of reasons as to why a law may be changed or altered. Laws may be changed due to a changing society; a change in a societys values and ethics. A just law will reflect the communitys values and beliefs and in Australia it is assumed that any laws made will reflect Christian values and beliefs. A law may also by adjusted to repair any inequalities. In Substances as Symbols: Race Rhetoric and the Tropes of Australian Drug History, D. Manderson states Laws were built up step by step, each new law merely seeking to make the last more effective. An example of a law redressing inequalities is the Medicines, Poisons and Therapeutic Goods Act 2008 which is an improved regulation from the Poisons and Therapeutic Act 1966. The new, improved law elaborates on flaws in the previous regulation while introducing more safety guidelines as a result of an increase of drug knowledge.

11 Legal Studies The Australian Drug Foundation Heroin Fact Sheet (2006) states heroin (made from morphine) has many long-term effects such as intense sadness and infertility. Along with the effects of heroin, according to the National Drug and Alcohol Research Centre there were a total of 374 deaths1 due to an overdose in heroin. Information such as this would influence the change or introduction of a law in Australia for public safety reasons. The National Drug Strategic Plan of 1993 states harm minimisation as: An approach that aims to reduce the adverse health, social and economic consequences of alcohol and other drugs by minimising or limiting the harms and hazards of drug use for both the community and the individual without necessarily eliminating drug use. This clearly demonstrates that laws may be changed to protect a communitys health and safety. The introduction Drug Misuse and Trafficking Regulation led to a shooting gallery where participants were able to purchase injecting equipment and rent a room in which they would use drugs. Penalties under this act depend on where the offence is tried and how much of the drug is involved. This further continues the idea that the law changes to keep individuals and groups safe as more knowledge on drugs becomes available to the government.

c) Assess the effectiveness of reforms to laws regarding drug use in Australia in achieving just outcomes for individuals and society (500-600 words)
The legal system in Australia strives to prevent harm towards individuals through laws preventing the use of any illicit materials, yet many people still traffic, manufacture and grow drugs. There are many reasons why the law can be seen as effective and ineffective but the legislation still protects societys expectations towards drug enforcement. The laws on drugs in Australia can be seen as effective as they are flexible and extend to a wide variety of cases such as importing and exporting drugs. An example of this is a 2008 case2, Campbell (a former pharmacist) opened a furniture shop, in which she imported furniture from Indonesia. However it was found that the containers in which the furniture arrived in contained methamphetamine which was worth $20-$50 million (street value). Campbell was charged with importing a commercial quantity of border controlled drugs and was taken to court where the appeal was upheld. This case also shows the fact that the law is quite responsive in relation to drug dealerships. These laws respect societys rights as it allows people to feel safe, knowing anyone who is using drugs, or helping someone obtain the possession of drugs will be penalised. The NSW Court of Criminal Appeal believed that a person could be convicted even if they only knowingly took part in an action within the extended definition of supply In 2005, the police intercepted a phone conversation between two drug dealers (Zaiter and McMillan), in which Zaiter agreed to hold drugs for a gang. Zaiter was charged with knowlingly taking part
1

Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales, 9.2.1.1 Heroin

page 840
2

Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales,9.10.4.1 Physical Element: importing or exporting page 886

11 Legal Studies in supply of drugs, in which the Judge found Zaiter knowingly involved himself in offering to supply the drugs3.. However, the Australian law does not completely stop individuals or groups from using drugs as the laws available are not readily enforceable to every person in Australia. This is due to the fact that groups or individuals taking part in illegal activities are less likely to commit the crime in public, therefore making it difficult for law enforcers to find evidence proving the use of illicit drugs. Although illicit drugs are not readily available to society, 2.3% of teenagers aged 14 years or more had used illegal substances in the past 12 months, with 3.5% using ecstasy, 0.6% using hallucinogens, 0.2% having used heroin and 1.6% used cocaine4. This clearly states the law has not been enforced harshly enough if teenagers as young as fourteen are able to expose themselves to such dangerous materials. The NSW Police Service recorded that police corruption is highly connected to enforcing the law on drugs. Interference in criminal justice processes (reducing the quantity or drugs found and thus reducing the seriousness of the charge, moving the location of drugs to make it more difficult to prove possession, providing false intelligence to police on drug dealers).5 This portrays the fact that the law does not actually stop people from participating in illegal activities and suggests the breaking of rule of law. In conclusion, the Australian legislation on drugs is highly inefficient regarding the use of drugs in houses and other private property. However it can be seen as effective as it prevents the possession of drugs through importing and exporting.

Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales, 9.9.7.1 Knowingly take part and the expanded definition of supply page 876 Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales, 9.2.1.3 Stimulants: ecstasy and amphetamines page 841 Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales,9.2.4 Police Corruption page 841
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