The Victorian Police Minister Wade Noonan has introduced seven new drug offences into Parliament to clamp down on drug dealers and suppliers. Any person who trafficks, or attempts to traffick illicit drugs to a child (a person under 18) or anyone else at a school or in a public place within 300 metres of a school (including non-government schools) will face up to 25 years in prison under the new laws if they are passed by Parliament. The Premier Daniel Andrews said that ‘these laws will hold anyone who preys on children to full account and give police tougher powers to catch anyone who manufactures or sells ice and other illicit drugs’.

Ice epidemic

As discussed in our article Ice epidemic hits schools: affecting rich and poor schools alike, there is increasing concern that ice is becoming an endemic problem in country towns around Australia. ‘Ice’ is the name given to a form of methamphetamine, which is a stimulant found in a crystalline form. It is highly addictive and long-term effects include depression, psychosis and memory loss. There have been reports that 12-year-old children are being exposed to ice, and even more worryingly, fears that drug dealers may target children. The Australian Crime Commission reports that the market for ice in Australia is ‘entrenched and expanding’. The Commission states that ice is the illicit drug that poses the greatest threat to the Australian community.

“Facing the full force of the law”

The Drugs, Poisons and Controlled Substances Amendment Bill 2015 (Vic) (Bill) aims to strengthen the laws against the trafficking, manufacture and distribution of illicit drugs in Victoria. Ice is used as an example of the type of drug targeted by the new measures, and is described in the Bill’s explanatory memorandum as a ‘major concern’. The new offences introduced by the Bill include prohibitions on a person:

• trafficking in a drug of dependence to a child; and
• supplying a drug of dependence to a child.

Each of these offences carries a harsher penalty if the offence occurs in a school or in a public place within 300 metres of a school. In these contexts, the maximum penalty for the offence increases by five years. Using the example of the offence ‘trafficking in a drug of dependence to a child’, the original maximum penalty of 20 years would be increased to 25 years.

In a media release, the State Government stated that the new measures’ send a clear message that drug trafficking around schools is an especially horrendous crime and deserves harsher maximum sentences’.

The Bill is still in Parliament and the new offences are yet to take effect.

School response

These new offences address the issue of drug offences within or near school, with vulnerable students targeted by dealers. It may even be the case that the ‘person’ engaging in the dealing is another student – meaning that a school may have students who are guilty of an offence or a victim of the dealing.

Drug trafficking and supply is clearly criminal activity and as such, should be addressed by the Police. However, drug use by students may also be the responsibility of schools, as the mandatory reporting obligations in some States and Territories extend to ‘physical, psychological or emotional harm’. One indication of these forms of abuse could be drug use or possession by a student.

The Victorian mandatory reporting laws, for example, require teachers and other specific staff members to make a mandatory report if they form a belief on reasonable grounds that a child is in need of protection where the child has suffered, or is likely to suffer, significant harm as a result of physical injury. This obligation is triggered if the child’s parents have not protected, or are unlikely to protect, the child from the harm. The use of a drug such as ice causes significant harm to a child, and may constitute a “physical injury” for the purposes of the Children, Youth and Families Act 2005 (Vic). If the child’s parents have not prevented their child from consuming drugs, staff may be required to report any drug consumption where they see likely risk of harm to a child. School staff should check the mandatory reporting obligations in their jurisdiction to see if drug use is potentially included.

Even if the mandatory reporting obligations are not triggered by the student’s conduct, schools owe a general duty of care towards their students to protect them from foreseeable harm. If a student is known or suspected to use illicit substances such as ice, the school has a duty to intervene in some way to prevent further harm from occurring. This can involve reporting the incident to the Police and contacting the student’s parents.

In Victoria, it is generally not an offence if the school fails to report the use of illicit drugs to police, even though it is potentially a breach of the school’s duty of care to its students. It is an offence if a person accepts a benefit for not disclosing information about a crime and carries a penalty of 5 years or more. As the new offences regarding illicit drug supply or trafficking carry penalties of at least 20 years, staff members must not accept any benefit, monetary or otherwise, for not disclosing their knowledge of crime. The definition of benefit or advantage is broad, and can be to the teacher directly or to another person.

Ice Education Program

The Victorian Government is also reaching out to families who often struggle to support family members with ice addiction. The State Government’s increased support forms part of their $45.5 million Ice Action Plan to reduce the supply, demand and harm of ice within Victoria. Increased education for family members in addiction identification and management will help to create a support network for those struggling with addiction. In addition, an Ice Help Line (1800 423 238) exists for families, health professionals and users who want information about treatment and support for ice addiction. Information is also provided online by the Victorian government’s Ice Action Plan website.

Drug addiction can cause devastating harm to students. New laws can help prevent drug dealers from targeting students in a school environment, but schools must also look towards increased education and support for vulnerable students to tackle the increased threat of ice addiction.