The AOD Diversion Program is a free voluntary court diversion program available in most Magistrates Courts in Western Australia. Adults who are attending court, have AOD problems (including volatile substance use and illicit use of prescription medication), and who are willing to engage with a treatment service are eligible for assessment.

The AOD Diversion Program is ideally for people who are new to the court system and who plead guilty. Those with previous court experience who do not have an extensive history for serious offences can also be referred for assessment. People whose charges include sexual offences, drug trafficking or high-level violence are not eligible.

Anybody who has reason to address the court can request a referral for assessment by the AOD Diversion Officer servicing that court. 

Following assessment, referral to the program is at the magistrate's discretion. The AOD Diversion Officer will coordinate the referral to treatment and provide information back to the court.  

If referred to the program, the participant is remanded to participate in a minimum of three treatment intervention sessions in the community. If conditional bail is imposed, a Community Corrections Officer will also be involved.  Treatment provides the opportunity to address AOD use, dependence and related harm, and develop strategies for positive change.

Following treatment during the remand period, the person returns to court and the AOD Diversion Officer provides a summary of progress in treatment for the court to review.  If treatment has been completed sentencing can occur. If further treatment is recommended, the person will be remanded again to continue with treatment before sentencing.

The AOD Diversion Officer can refer family members, friends or support people to free services that can assist them with information about AOD use and strategies to support themselves and manage stress.

Please contact the Alcohol and Drug Support Line or speak to the AOD Diversion Officer at your local magistrate's court for more information.

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The Mental Health Court Diversion Program offers a tailored response for people whose offending is linked to mental illness.

There are separate programs for adults and children: 

• The Start Court - adult program 
• Links - children program. 

The Start Court 

The Start Court is a Magistrates Court based within the Central Law Courts in the Perth CBD specialising in dealing with offenders who have mental health issues.

Referrals to the Start Court are typically made by Magistrates in general court lists, often at the suggestion of a defence lawyer, family member or the individual.

The Start Court offers a program that combines access to mental health supports and services, and support for drug and alcohol use (if required), with regular appearances before the Start Court Magistrate. The program usually takes around six months to complete.

To be eligible to participate, the person must have a mental health condition, accept that he or she committed the offence(s) that led to the court appearance, and be eligible for bail. Participation is strictly voluntary.

Successful participation in the Start Court may be considered during sentencing.

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Providing feedback on the Start Court

Lead agencies can be contacted via the links below with compliments, complaints and suggestions. Alternately direct contact with the Start Court Clinical Team (6372 4400) or Court Coordinator (9425 3422) can be made.

• Start Court Clinical Team (North Metropolitan Health Service – State Forensic Mental Health Service)
• Magistrates Court Perth
• Outcare
• Contact Us 

Links

Links offers mental health assessment and support to young people who appear before the Children’s Court.

It comprises a clinical mental health team that is based within the Perth Children’s Court, and a team of community support coordinators who assist participants to address non-clinical issues (such as issues relating to school engagement, transport and relationships).

Any young person appearing before the Court who is suspected of having a mental health issue may be referred to Links. Anyone can make a referral, including Magistrates, defence lawyers, other welfare agencies and family members.

Young people who are referred to Links are offered a voluntary mental health assessment. The outcomes of the assessment help to guide the future management of the young person’s court proceedings and care.

Young people assessed as having significant unmet mental health needs may be offered case management support by a Links community support worker or referred to other services for treatment and support.

Links works closely with other services and agencies that operate in the Children’s Court and is part of the Children’s Court Drug Court team. You can contact 9218 4819 to enquire about this program.

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The Start Court and Links programs are a partnership between the Mental Health Commission and the Department of Justice. The other agencies that contribute to the programs are:

• The Department of Health
• The Department of Corrective Services
• WA Police
• Legal Aid WA
• Aboriginal Legal Service (ALS)
• Outcare Inc. (a Non-Government service provider)
• Mental Health Law Centre.

Aboriginal and Torres Strait Islander people attending court for minor offences can be referred to culturally secure treatment and support to address their alcohol and/or other drug use needs through any of the court diversion programs. These include the:

• Juvenile Diversion
• Mental Health Court Diversion Program
• AOD Diversion Program.

The AOD Diversion Program is a voluntary court diversion program in Western Australia available for eligible adults who have AOD use problems, are attending court, and need some help to get back on track. Aboriginal people attending court can access the program.
 
Aboriginal AOD Diversion Officers are available in a range of regional magistrate’s courts including Broome, Kununurra, Karratha, Meekatharra, and Carnarvon. In the metropolitan area they are available in the Perth Magistrates Court, Armadale, Fremantle, Rockingham and Mandurah courts.

The below video outlines how the program works. For further information please ask to speak to the AOD Diversion Officer at the court you are attending.

Under WA Laws and the Cannabis Intervention Requirement (CIR) Scheme, WA Police may issue a CIR notice to eligible people. A person is eligible for a CIR if they are aged 14 years or over, and is found using, or in possession of not more than 10 grams of cannabis, and/or is found in possession of a smoking implement containing detectable traces of cannabis.

An adult can only receive one CIR, while a young person (aged 14-17 years) can be given a CIR on two separate occasions. An adult who previously received a CIR and commits a second or subsequent minor cannabis-related offence will be prosecuted through the courts. A young person who commits a third or subsequent minor cannabis-related offence will be dealt with via application of the Young Offender’s Act 1994. 

The CIR Scheme does not apply to offences involving the possession or cultivation of cannabis plants, or possession of any quantities of cannabis resin (hash), hash oil, or other cannabis derivatives. These offences will be prosecuted through the courts.

A person who has been given a CIR will be required to book and complete a Cannabis Intervention Session (CIS) within 28 days or elect to have the matter heard in court. For bookings, please call the Booking Service on 1800 722 362, 7:00am-7:00pm, 7 days a week.

If you book and complete a CIS you will not be required to appear in court. No further action will be taken against you for the alleged offence and you will not receive a criminal conviction.

If you are unable to complete a CIS within the 28-day period, you can apply in writing to WA Police for an extension and may be granted one if you are able to provide proof of extenuating circumstances. An application for extension of time to complete a CIS can be found here. 

If the 28-day period has expired and you have not completed a CIS or elected to have the matter heard and determined in court, you will be prosecuted through the courts or, if you are a young person, the matter may be referred to a Juvenile Justice Team.

For more information, please contact the Drug Diversion Coordinator, WA Police on 9454 1454.

A CIS is a one-to-one therapeutic intervention with a trained alcohol and drug counsellor who provides you with an opportunity to consider your drug use in a supportive and respectful environment. A CIS takes about an hour to complete, is available statewide and is provided by professional alcohol and other drug treatment agencies. They also provide the opportunity to access further help if required. The person running the CIS is not employed by WA Police and anything discussed is confidential. Police will not be present, and you will not be drug tested or have a urine sample taken.

The purpose of the CIS is to inform you about:

• the adverse health and social consequences of cannabis use
• the laws relating to the use, possession and cultivation of cannabis
• effective strategies to address cannabis using behaviour.

You can also expect to:

• improve your personal decision-making skills relating to cannabis use
• consider the harms associated with your cannabis use and how to minimise these
• consider changing your drug use and how to do this
• receive information about how to access further support and assistance.

Following completion of the CIS, the counsellor will give you a Certificate of Completion and will send a copy to the WA Police for their records.

To book a CIS please call the booking service on 1800 722 362.

Some considerations for when you attend your CIS:

• make sure you attend the CIS within 28 days from the time your CIR is issued
• bring a copy of the CIR to the CIS
• mention any special requirements (e.g. interpreter services) you may have with the Booking Service
• actively participate in the whole session
• you will not be permitted to undertake the CIS if you are under the influence of alcohol or other drugs
• you will be required to certify that you are the person to whom the CIR was issued. Accepted forms of photo identification include:
  • a current driver’s licence
  • a current passport
  • other approved forms of photo ID.

• you will receive a Certificate of Completion from the agency and they will send a copy to WA Police for their records.

If the 28-day period has expired and you have not completed a CIS or elected to have the matter heard and determined in court, the offence will be prosecuted through the courts.

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The Other Drug Intervention Requirement (ODIR) Scheme is a WA Police Diversion initiative that aims to divert eligible individuals charged with simple drug offences into treatment. If issued an ODIR by WA Police, there is a requirement to complete three Other Drug Intervention Sessions (ODIS) within a 42-day period.

While the ODIR Scheme does not apply to simple offences for cannabis or cannabis-related drug paraphernalia covered under the Cannabis Intervention Requirement scheme, it does apply to cannabis resins, oils and synthetic cannabinoids.

An ODIR can only be issued to an adult, and only once. Subsequent simple drug offences will be prosecuted through the courts.

ODIR recipients who have received a CIR are still eligible for an ODIR. Similarly, ODIR recipients may still be issued a CIR (if eligible).

If issued an ODIR by WA Police, there is a requirement to complete three ODISs within a 42-day period. To book your first session please call the booking service on 1800 722 362, 7am-7pm, every day.

If you are unable to complete the requirement within the specified time you can apply in writing to WA Police for an extension and will be granted one if you prove there are extenuating circumstances. An application for extension of time to complete an ODIR can be found here. 
 

ODIS are three individually focused, 60-minute sessions with a trained alcohol and drug counsellor. The sessions provide you with an opportunity to consider your drug use in a supportive and respectful environment and to seek further help if required.

You must complete all three sessions within a 42-day period. Attendance of all three sessions within the 42-day compliance period satisfies the requirement of the ODIR and no further police action is required.

You will receive information about how drug use may affect your health and personal life, and how to make changes to your drug use.

You can also expect to:

• improve your personal decision-making skills relating to drug use
• consider the harms associated with your drug use and how to minimise these
• consider changing your drug use and how to do this
• receive information about how to access further support and assistance if required.

Further to this:

• you will not be drug tested or have a urine sample taken
• the sessions are confidential
• the sessions are not intelligence gathering for the police
• police will not be present at any of the sessions
• the session(s) are not a lecture or preaching session.

No. The counsellor conducting the session is not employed by the police. The matters you discuss during the sessions are confidential. The police will only be advised about whether you complete the sessions.

Some considerations for when you attend your ODIS:

• please call the Booking Service on 1800 722 362 to book in your first session
• make sure you attend all three sessions within 42 days from the date your ODIR was issued
• bring a copy of the ODIR to the session
• mention any special requirements (e.g. interpreter services) you may have at the time of booking your session
• actively participate in the whole session
• if you are under the influence of alcohol or other drugs you will not be permitted to undertake the sessions(s)
• you will be required to certify that you are the person to whom the ODIR was issued.

Accepted forms of photo identification include:

• a current driver’s licence
• a current passport
• 18+ identification card
• other form of photo ID.

At the end of the three sessions, WA Police will be notified that you have completed the sessions.

If the 42-day period has expired and you have not completed the three required sessions or elected to have the matter heard and determined in court, the offence will be prosecuted through the courts and you may be charged.

The Young Persons Opportunity Program (YPOP) is a confidential free diversion program for young people (aged 12 to 17 years) who are in contact with a Juvenile Justice Team (JJT), and who may already be experiencing AOD problems or have emerging issues with their AOD use. 

YPOP can also offer support and information to family and others supporting a young person.

At YPOP a young person is supported by an AOD worker or YPOP officer about:

• what is happening in their life
• alcohol and other drugs
• things that may be worrying them
• making choices and staying safe and out of trouble.

Contact the Alcohol and Drug Support Line for more information.

The Youth Supervised Treatment Intervention Regime (YSTIR) is for  young people (10 to 17 years-of-age) who are experiencing AOD related problems, and who are attending the Perth Children's Court Drug Court.

A referral to YSTIR for assessment can be requested by a magistrate, lawyer, police prosecutor, the offender or by someone else in the court room. However, referral to YSTIR is at the magistrate's discretion.

If referred to the program, the young person will be remanded to access treatment in the community. YSTIR participation is coordinated by a Department of Justice Court and Assessment Treatment (CATS) Officer and sentencing occurs following program participations and any requirements set by the court.

For more information on YSTIR, contact the Perth Children’s Court on 9218 0100 or speak to the Children’s Court CATS Officer at Perth Children’s Court.

Young people aged 14 to 17 years deemed eligible by WA Police may also be diverted to treatment via the Cannabis Intervention Requirement scheme.

The AIS aims to provide separation between drinking and driving for people convicted of alcohol-related driving offences.

When people convicted of alcohol-related driving offences seek authorisation to drive, their licences will be issued with an interlock condition (‘I’ condition). This condition restricts them to driving only vehicles fitted with an approved alcohol interlock device.

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To be eligible to have the alcohol interlock condition removed from their licence, these drivers will be required to:

• adhere to all AIS requirements
• remain on the AIS for a minimum period of time
• satisfactorily demonstrate the separation of their drinking and driving
• comply with any requirement to participate in Alcohol Assessment and Treatment.

The scheme is administered by the Department of Transport with support from the Road Safety Commission, WA Police, the Mental Health Commission and the Department of Justice.

We are the agency responsible for the Alcohol Assessment and Treatment (AAT) component of the scheme, comprising six one-hour individual therapeutic sessions with a qualified counsellor at any of the 16 AAT service provider locations state-wide.  

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To book your AAT call the Booking Service on 1800 722 362.

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