Pubdate: Sat, 03 Jun 2000
Source: Herald Sun (Australia)
Copyright: News Limited 2000
Contact:  http://www.heraldsun.com.au/
Author: Damon Johnston And Fran Cusworth

POLICE REFUSE TO BE HELD AT NEEDLE POINT

HEROIN addicts will be forced to run a police gauntlet to use
supervised injecting centres planned for the city and suburbs.  Police
will be able to search, arrest and charge addicts found with the drug
in neighboring streets under radical laws unveiled yesterday.

The legislation received a boost last night when a senior Liberal
Party source said Opposition MPs ­ whose votes control the fate of the
laws ­ were closer to backing the changes.

The source said a surprise safeguard allowing parliament to veto
individual injecting centres had won over sceptical MPs, but the laws
still faced a rocky passage.

Victorian police chief Neil Comrie has vowed to continue patrols near
the centres, warning officers will only turn a blind eye to addicts
found with small amounts of heroin.

"If supervised injecting facilities are implemented, Victoria Police
will make the commitment to ensure there are a high level of uniform
patrols in the vicinity and conduct covert operations to detect drug
dealers," he said.

"Members will exercise discretion as to whether to charge persons
found in possession of small quantities of drugs near the
facilities."

The State Government yesterday unveiled its contentious ­ and
politically risky ­ answer to combat the heroin death toll, which has
already reached 130 this year.

The Drugs, Poisons and Controlled Substances (Injecting Facilities
Trial) Bill will be debated in the spring session of parliament. The
first injecting centres could be open by early next year.

The Opposition last night refused to guarantee support for the
legislation as Health Minister John Thwaites conceded the injecting
centre trial was a political gamble.

"If it doesn't work, we'll wear the blame," he said.

Mr Thwaites has asked Opposition MPs and the public to back the
legislation, which could lead to at least five centres.

"Too many people are dying, too much harm is being caused by drugs,"
he told parliament.

Mr Thwaites also dismissed suggestions that addicts would be too
scared of arrest to use the centres.

"Police have the discretion not to charge you, and they have indicated
that they will not charge people who are bona fide going in or out of
the facility," he said.

"However, if they find someone that has got a lot more than you need
for use for yourself they're likely to be charged."

Key points include:

IF the Bill is passed, councils and communities will have six months
to present parliament with detailed operational plans and locations
for the centres.

MORE than five centres could be established, with councils given the
option of opening up multiple sites within their boundaries. Each
centre will cost taxpayers about $1 million a year.

IMMUNITY from prosecution for addicts and staff restricted to within
the centres. Police will be able to enter the premises. Addicts aged
under 18 will be banned, instead they will be directed to
rehabilitation services.

STAFF will not be given an indemnity from civil action and could be
sued by the family of an addict who dies in a centre. Staff will be
covered by government insurance.

BOTH Houses of Parliament have to approve individual injecting
centres, arming MPs with an effective veto over specific sites or
operational details.

CONSIDER backing a trial of a new heroin cure, buprenorphene, at
centres. The centres will also focus on health, disease control and
education.

Opposition health spokesman Robert Doyle last night said he had grave
concerns about the legal implications of sanctioning heroin use and
age limits.

"What happens if someone commits a crime under the influence of heroin
injected at one of the centres? Is the centre culpable? These are
questions that need answers," he said.

"There are practical difficulties such as banning an addict aged 17
years and 11 months, yet allowing an addict aged 18 to use the
facilities."

State Government drugs expert Professor David Penington said the
legislation would help MPs on both sides to better understand the issues.

"I'm delighted that it's been introduced and it's a very important
step forward," said Prof. Penington, who chaired the Drug Policy
Expert Committee.

"(The Opposition) will need to consider the context of open street use
of drugs in those five municipalities and knowing there is no question
of any facility being opened ... unless local government decides that
is the best option," he said.

"It is most important that we get it right so that we can get ahead
and deal constructively with what is a very, very serious social
problem in Victoria."

Port Phillip Mayor Julian Hill, whose municipality wants an injecting
centre, said the process outlined by the government allowed for full
scrutiny by parliament.

"The fact remains that you can't treat someone once they're dead. You
can't heal a family's pain once their mum, dad, son, daughter,
sibling, is dead," he said.
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