There are a range of laws that apply to homelessness and AOD use with which frontline workers should be familiar. Although it is the responsibility of the police and courts to enforce legislation relating to criminal offences, awareness of the relevant legislation is helpful for understanding the implications of reporting certain behaviours to the police, for example, the behaviours of individuals that interfere with the efforts of others to remain ‘clean’ from drugs.
Some jurisdictions (notably Victoria, Queensland and Tasmania) still treat public drunkenness as a criminal offence, while street and park drinking is still a criminal offence in most States and Territories. Further, police have the power to detain intoxicated individuals even where public drunkenness has been decriminalised. The creation of sobering up shelters is filling an important measure in averting many people caught for public drunkenness from detention in overnight lock-ups, but these centres are still lacking in many areas. A comprehensive overview of the legislation relating to public drinking across different Australian States and Territories is provided in Section 5 of the final report of the Drugs and Crime Prevention Committee Inquiry into Public Drunkenness.
The possession of illicit drugs is a criminal offence in all Australian States and Territories. Different jurisdictions have different quantities for different drugs regarding what constitutes personal use, dealing, trafficking etc. and the accompanying sentencing implications. The Australian Institute of Criminology provides a guide of the penalties for possession of various illicit drugs in each State and Territory at its website: http://www.aic.gov.au/research/drugs/responses/legislation/penalties.html
In New South Wales, Victoria, Tasmania and Northern Territory, legislation exists for the involuntarily detainment of persons for AOD treatment. This legislation is intended for individuals at risk of harm to themselves or to other persons, including dependents.
Legal Aid services exist in all States and Territories to assist those who cannot afford legal advice and representation to understand and defend their rights as either alleged victims or perpetrators of crimes and acts of discrimination. A directory of legal services throughout Australia is provided on the National Legal Aid website: http://www.nla.aust.net.au