Police Diversion Program and Illicit Drugs Court Diversion Program. Service Provider Manual

Transcription

1 Police Diversion Program and Illicit Drugs Court Diversion Program Service Provider Manual July 2014

2 Police Diversion Program and Illicit Drugs Court Diversion Program Service Provider Manual Published by the State of Queensland (Queensland Health), July 2014 Produced by Dovetail, Metro North Mental Health Alcohol and Drug Service, Metro North Hospital and Health Service. This document is licensed under a Creative Commons Attribution 3.0 Australia licence. To view a copy of this licence, visit: State of Queensland (Queensland Health) 2014 You are free to copy, communicate and adapt the work, as long as you attribute the State of Queensland (Queensland Health). For more information contact: Policy and Planning Unit, Mental Health Alcohol and Other Drugs Branch, Department of Health, GPO Box 48, Brisbane QLD 4001, MHD_dchocorro@health.qld.gov.au Phone Acknowledgements Queensland State Government Department of Health Queensland Police Service Diversion Unit Queensland State Government Department of Justice and Attorney General Diversion Coordination Service, Redbourne Group Metro North Mental Health Alcohol and Drug Service Service providers across Queensland who contributed their time and input into the development of this manual Disclaimer: The content presented in this publication is distributed by the Queensland Government as an information source only. The State of Queensland makes no statements, representations or warranties about the accuracy, completeness or reliability of any information contained in this publication. The State of Queensland disclaims all responsibility and all liability (including without limitation for liability in negligence) for all expenses, losses, damages and costs you might incur as a result of the information being inaccurate or incomplete in any way, and for any reason reliance was placed on such information. - ii -

3 List of Acronyms ADIS: Alcohol and Drug Information Service AOD: Alcohol and Other Drug/s AODTS-NMDS: Alcohol and Other Drugs Treatment Services - National Minimum Data Set ATODS-IS: Alcohol, Tobacco and Other Drug Services - Information System CALD: Culturally and Linguistically Diverse COAG: Council of Australian Governments DACU: Drug and Alcohol Coordination Unit DAES: Drug Assessment and Education Session DCS: Diversion Coordination Service DCSS: Diversion Coordination Service System DDAP: Drug Diversion Assessment Program IDDI: Illicit Drug Diversion Initiative NSP: Needle and Syringe Program PPRA: Police Powers and Responsibilities Act QADREC: Queensland Alcohol and Drug Research and Education Centre QIDDI: Queensland Illicit Drug Diversion Initiative QMERIT: Queensland Magistrates Early Referral Into Treatment - iii -

4 Contents List of Acronyms...iii Section 01: Introduction...1 Overview...1 What changes are contained in this updated manual?...1 Section 02: Background to Police/Court Diversion...2 History...2 Program aims...2 Section 03: Understanding Police Diversion...3 What is the Police Diversion Program?...3 Who is eligible?...3 Do individuals have to accept an offer of Police Diversion?...3 How is the Drug Assessment and Education Session (DAES) scheduled?...4 How are appointments rescheduled?...4 What happens if the client fails to attend their DAES?...5 Police Diversion legislation:...5 Contact details...5 Police Diversion Flowchart...6 Section 04: Understanding Court Diversion...7 What is the Illicit Drug Court Diversion Program?...7 What are the eligibility criteria?...7 How is the Drug Assessment and Education Session scheduled?...8 How are appointments rescheduled?...9 What happens if the client fails to attend their DAES?...9 Court Diversion legislation: Contact details Court Diversion Flowchart Section 05: The Diversion Coordination Service What is the Diversion Coordination Service (DCS)? What is the Diversion Coordination Service System? Contact details Section 06: The Alcohol and Drug Information Service What is the Alcohol and Drug Information Service (ADIS)? The role of the ADIS in relation to Police/Court Diversion Contact details Section 07: The Drug Assessment and Education Session What is a Drug Assessment and Education Session? Who can deliver the DAES? ) Engagement ) Assessment ) Screening ) Motivational Interviewing ) Further Treatment or Referral ) Case Closure Section 08: Administrative Procedures for Service Providers New referrals Appointment schedules Rescheduling appointments Advice of Attendance Affidavits iv -

5 Section 09: Special Circumstances and Populations Special circumstances How should I respond to clients who present intoxicated or in crisis? What should I do in times of natural disasters and other extreme events? Special populations Children and young people Aboriginal and Torres Strait Islander clients Culturally and Linguistically Diverse clients Clients who do not have capacity Clients in custody Section 10: Data Reporting Requirements Data collection and data entry Alcohol & Other Drugs Treatment Services National Minimum Data Set Data storage Documentation Confidentiality and privacy Section 11: Appendix Forms available from the DCSS Alcohol and Other Drug resources Reports Useful print resources Aboriginal and Torres Strait Islander resources Culturally and Linguistically Diverse resources YouTube Clips/DVD resources Alcohol and Other Drug information v -

6 Section 01: Introduction Overview The Police Diversion Program and the Illicit Drugs Court Diversion Program are Queensland State Government initiatives aimed at diverting persons who have committed a minor drug offence into alcohol and drug treatment. This manual is designed for service providers who deliver Drug Assessment and Education Sessions to clients referred through the Police Diversion Program and the Illicit Drugs Court Diversion Program. It aims to assist these workers to understand the purpose, processes and operational requirements of these diversion programs. Please Note: In the past these programs have been referred to as the Queensland Illicit Drug Diversion Initiative (QIDDI). This title is no longer accurate and throughout this manual these programs will be referred to as Police/Court Diversion. What changes are contained in this updated manual? Current service providers will discover there are no significant changes to the operational or administration procedures for the Police/Court Diversion Program. However there are some minor changes including the following: Some terminology has changed The Fidelity Checklist is no longer required The What s the Deal? film is no longer recommended for use It is no longer mandatory to use the AUDIT screening tool, and The Satisfaction Survey is no longer required (although service providers are still encouraged to collect this data for internal quality improvement purposes). The manual also provides greater clarity around special circumstances and population groups. Please refer to the manual for further details. 1

7 Section 02: Background to Police/Court Diversion History In 1999 the National Illicit Drug Strategy developed by the Council of Australian Governments (COAG) included the provision for an initiative aimed at diverting persons who have committed a minor drug offence into treatment, known as the national Illicit Drug Diversion Initiative (IDDI). The rollout of this program in Queensland represented a partnership between the Queensland Police Service, Queensland Health, the Department of Justice and Attorney General and a range of key government and non government service providers. The Queensland Illicit Drug Diversion Initiative (QIDDI) comprised three programs: The Police Diversion Program for individuals arrested for possession of 50 grams or less of cannabis, and/or possessing a thing for use, or which has been used, for smoking cannabis The Illicit Drugs Court Diversion Program, aimed at people apprehended with small amounts of illicit drugs for personal use, and The Queensland Magistrates Early Referral into Treatment program (QMERIT), aimed at individuals charged with offences committed in conjunction with demonstrable illicit drug use who volunteer to undergo treatment while on bail. Please Note: This manual is an orientation to the Police Diversion and Illicit Drugs Court Diversion Programs only. For more details of the QMERIT initiative contact the Mental Health and Other Drugs Branch within the Department of Health. Program aims The aim of Police/Court Diversion is to: Provide people with incentives to address their drug use early, in many cases before incurring a criminal record Increase the number of illicit drug users diverted into drug education, assessment and treatment, and Reduce the number of people appearing before the courts for possession of small quantities of illicit drugs. The Police/Court Diversion Program was evaluated by the Queensland Alcohol and Drug Research and Education Centre (QADREC) in QADREC s report titled An Evaluation Of Illicit Drug Court Diversion And Police Diversion Programs found that a significant number of participants had demonstrated beneficial positive changes across numerous health status indicators after the diversion process. To view the full report go to 2

8 Section 03: Understanding Police Diversion What is the Police Diversion Program? The Police Diversion Program is provided for under section 379 of the Police Powers and Responsibilities Act (PPRA) (2000). It states that any adult or child found in possession of 50 grams or less of cannabis and/or possessing a thing for use (or that has been used) for smoking cannabis, and who meet specific eligibility criteria must be offered the opportunity to attend a one-off Drug Diversion Assessment Program (DDAP) rather than being charged for the offence. If the individual attends and completes the DDAP they will not have to attend court for the minor drug offence, or have a criminal record for the minor drugs offence. Please Note: The DDAP will be referred to as a Drug Assessment and Education Session (DAES) throughout this manual. Who is eligible? A person is only eligible for Police Diversion if they: Have not committed another indictable offence in circumstances related to the minor drugs offence Have not previously been sentenced to serve a term of imprisonment for trafficking, supply or production of a dangerous drug or precursors Have not previously been convicted of an offence involving violence against another person Admit having committed the offence during an electronically recorded interview, and Have not been offered diversion on a previous occasion. It is important to note that police are not permitted to canvass the possibility of referral to a DAES until all questioning has been completed, eligibility has been determined and the person admits to committing the offence. If a person fails to meet any of the eligibility criteria listed above, the person may not be offered diversion, and is likely to be charged and referred to court for the offence. Do individuals have to accept an offer of Police Diversion? The decision to accept or refuse the option of diversion for minor drugs possession is ultimately that of the arrested person. However if a person refuses to accept the conditions of the diversion offer, the arresting police officer has no option but to press charges. Once offered, irrespective of the decision to accept or refuse the offer of a diversion, the person cannot be offered a second Police Diversion. However, opportunities for diversion still exist (although are not guaranteed) through the Illicit Drugs Court Diversion Program. 3

9 How is the Drug Assessment and Education Session scheduled? If the individual accepts the offer of a Police Diversion, the police officer will then advise them of: The time required to complete the program The requirement to attend the DAES at the time specified The possibility of being accompanied to the DAES with a family member, friend, or significant other The possibility, where practicable, of attending the DAES in a location of their choice to facilitate attendance in a place convenient to where they work or live, or, to overcome concerns about privacy The consequences of not completing the DAES, and The benefits of completing the DAES. The police officer will then contact the Diversion Coordination Service (DCS) - a 24 hour state-wide appointment scheduling call-centre - to arrange the next available appointment for a DAES with their nearest service provider. The police officer will provide brief identifying information about the person to the DCS to allow them to register the person and allocate a diversion reference number. The individual will then be provided with a form detailing the agreement to attend a DAES along with the full details of the service provider including name, address and telephone number and the date and time of the appointment. The form also contains details of the person and contact details of the police officer offering diversion. Once signed by the individual, the officer will provide them with a copy of the form and send a copy to the DCS to confirm the details provided by phone. Following the DAES appointment, the service provider sends a completed Advice of Attendance form to the DCS, confirming whether or not the individual attended and completed the session. How are appointments rescheduled? Legislation does not provide individuals with a right to a rescheduled appointment. If the individual is unable to attend the DAES, they must contact their arresting police officer or the local police station to discuss their situation. It is also important to note that the client s participation in further treatment following the DAES session is voluntary and is not a requirement of the Police Diversion Program. 4

10 What happens if the client fails to attend their DAES? At the time of the arrest, the individual will also be warned that failure to attend the program is an offence against the PPRA, Section 791 'Offence to contravene direction or requirement of police officer'. This means that if the person does not attend the DAES they will not be charged with the original drugs offence but can be charged with an offence of contravening a police direction. Police Diversion is regulated by the following legislation: The Police Powers and Responsibilities Act The Drugs Misuse Act Contact details For information regarding the legislation, police procedures and the police role in diversion, contact: Drug Diversion Coordinator Drug and Alcohol Coordination Unit Queensland Police Service GPO Box 1440 Brisbane QLD 4000 Phone: (07) Fax: (07) DACU@police.qld.gov.au 5

11 Figure 1 6 Police Diversion Program Flowchart

12 Section 04: Understanding Court Diversion What is the Illicit Drug Court Diversion Program? The Illicit Drug Court Diversion Program gives magistrates the discretion to offer diversion to individuals who plead guilty to an eligible drug offence. It operates under a legislative framework specified in the Penalties and Sentences Act (1992) (for adults) and the Youth Justice Act (1992) (for children) in any Queensland Magistrates or Queensland Childrens Court. What are the eligibility criteria? An eligible drug offence is an offence against the following sections of the Drugs Misuse Act 1986: Possess dangerous drug (s 9) Possess a thing used in connection with the commission of a crime under Part 2 of the Drugs Misuse Act so long as the thing is for personal use (s 10(1)) e.g. scissors, a grinder, scales, a mobile phone Possess a thing (other than a hypodermic syringe or needle) for use in connection with the administration, consumption or smoking of a dangerous drug (also known as a utensil charge ) (s 10(2)) e.g.: a bong, a pipe Possess a thing being a hypodermic syringe or needle and failing to take reasonable care and take all precautions in respect of the thing so as to avoid danger to life, safety or health of another (s 10(4)), and Failing to dispose of a hypodermic syringe or needle in accordance with the procedures prescribed by regulation (s 10(4A). For a charge of possession the drug must be of both a type specified in the Penalties and Sentences Regulation 2005 Schedule 1 and a quantity less than that prescribed for that particular type of drug. Some common drug types and weight restrictions include: MDMA / Ecstasy 1g Amphetamine 1g Cocaine -1g Heroin 1g Cannabis 50g, and Lysergic acid (LSD) 3 tickets or tabs. Please Note: ticket or tab means not greater than g. 7

13 A person is eligible for diversion if they: Are charged with an eligible drug offence Appear before any Queensland Magistrates Court or any Queensland Childrens Court constituted by a magistrate Have not previously been convicted of (and are not currently facing) charges of a sexual nature or certain drug offences dealt with on indictment, such as trafficking Have not previously been convicted of an indictable offence involving violence against another person (other than certain offences specified in the Penalties and Sentences Act 1992 s 15E), and Have been offered diversion on no more than one previous occasion (including Police Diversion). Please Note: that the eligibility criteria for adults and young people are the same. As with the Police Diversion Program, eligible individuals will be offered the opportunity to attend a DAES with an approved service provider. Attendance and successful completion of the DAES will mean the individual will not be required to return to court for the illicit drug charge and a conviction will not be recorded. How is the Drug Assessment and Education Session scheduled? The court diversion team, based at the Brisbane Magistrates Court, is the main point of contact for the Court Diversion Program. They liaise between the individual being charged, the DCS, police prosecutors, solicitors and youth justice workers to arrange the DAES. Similar to the Police Diversion Program, the individual being charged is provided with a form detailing the agreement to attend a DAES along with the full details of the service provider including name, address and telephone number and the date and time of the appointment. Following the DAES appointment, the service provider sends a completed Advice of Attendance form to the DCS and the court diversion officer, confirming whether or not the individual attended and completed the session. Where a person meets the requirement to attend the DAES, the court diversion team will note the person's record and no further action will be taken. 8

14 How are appointments rescheduled? Regardless of where the sentencing occurred, individuals must be directed to contact the court diversion office in Brisbane (not the DCS or service provider directly) if they wish to reschedule a session. Regional courts, arresting officers and service providers are not permitted to reschedule the session. Appointments may only be rescheduled if an individual can demonstrate, by providing appropriate documentation, why they have failed to comply with the court s order. They do not automatically have a right to reschedule. What happens if the client fails to attend their DAES? In cases of non-attendance the court diversion officer will attempt to contact the individual by issuing a non-compliance with a court order notice by mail. If the individual makes contact within the prescribed time limit (usually 7 days), and a reasonable explanation supported by documentation is accepted, the DAES is rescheduled. If an individual fails to attend the DAES and does not have a reasonable explanation, a warrant is issued and they are returned to court to be dealt with again for the original offence. Please note that even if an individual fulfils the eligibility criteria, a magistrate retains discretion to impose another sentencing option. The prosecution may also elect for any drug offence not to be dealt with by a magistrate if they believe that the punishment that can be imposed by a magistrate is not appropriate. All parties involved in the case, including the prosecution, the defence solicitor or the individual being charged, retain the right to appeal any sentence imposed by a magistrate, including an order made under section 19 of the Penalties and Sentences Act (1992). In the case of adults, the court diversion officer will contact the service provider and ask them to submit an affidavit (sworn statement) verifying non-compliance so that breach proceedings can commence. In the case of young people years of age, the court diversion officer will simply a Fail to Comply Notice to the sentencing court. It is then at the discretion of the registrar to determine whether or not any action against the child should be taken. 9

15 Court Diversion is regulated by the following legislation: The Penalties and Sentences Act (1992) The Youth Justice Act (1992) The Penalties and Sentences Regulation (2005) Contact details Court Diversion Office Brisbane Magistrates Court Department of Justice and Attorney-General Floor George Street GPO Box 1649 Brisbane QLD 4000 Phone: (07) Fax: (07) courtdiversion@justice.qld.gov.au 10

16 Figure 2 Illicit Court Drug Diversion Program Flowchart 11

17 Section 05: The Diversion Coordination Service What is the Diversion Coordination Service? The Diversion Coordination Service (DCS) provides a 24 hour, 7 days a week call centre to support the Police/Court Diversion Program. They are responsible for recording all available appointments from service providers and then allocating these to the police and the court when they refer clients for diversion. The DCS also provides general assistance to service providers, particularly when unusual or difficult situations arise with the administration of the program including issues relating to computer systems, data collection or client queries. What is the Diversion Coordination Service System? The Diversion Coordination Service System (DCSS) is the online database, calendar and file storage system managed by the DCS. Approved service providers can access a range of information from the DCSS including their appointment schedules, forms and templates, as well as a reporting facility for the Alcohol and Other Drugs Treatment Services - National Minimum Data Set (see Section 10). Contact details The Diversion Coordination Service Phone: (07) / Fax: (07) dcs@redbourne.com.au 12

18 Section 06: The Alcohol and Drug Information Service What is the Alcohol and Drug Information Service? The Alcohol and Drug Information Service (ADIS) is a 24 hour a day, 7 days a week telephone service provided by Queensland Health that offers information, advice, counselling and referral for alcohol and other drug issues for Queensland residents. ADIS also is responsible for distributing AOD resources to health professionals and to the general community across the state. The role of the ADIS in relation to Police/Court Diversion ADIS has the official role of distributing all AOD as well as Police/Court Diversion resources to service providers. Police/Court Diversion resources can be ordered by service providers free-of-charge using the ADIS: Police/Court Diversion Program order form. This form is available for download from the DCSS. NB: This form is not the regular ADIS Resource Order Form. Please contact ADIS directly if you wish to order other resources. Contact details Alcohol and Drug Information Service Phone: Fax: (07) adis@health.qld.gov.au 13

19 Section 07: The Drug Assessment and Education Session What is a Drug Assessment and Education Session? The Drug Assessment and Education Session (DAES) is a bio-psychosocial assessment and brief intervention delivered to clients referred to a service provider via the Police/Court Diversion Program. It is designed to identify any AOD related issues that need to be addressed, whilst providing an opportunity for the client to receive information and access to further treatment if desired. Who can deliver the Drug Assessment and Education Session? The DAES must be delivered by service providers who are suitably qualified and/or skilled and experienced in the delivery of AOD treatment. This manual is accompanied by an online training course. To access this course visit (insert link here) New service providers, or those wishing to update their AOD knowledge, can also access the following free online training courses: Dovetail s Introduction to Youth AOD covers the key concepts in the youth AOD field, including an overview of the sector in Queensland. It can be accessed via the Dovetail website: InSight: Clinical Support Services have six online induction packages to orient new staff to the alcohol and drug sector. It is recommended that Police/Court Diversion Program service providers complete the Motivational Interviewing module. This package can be accessed via the InSight website: What are the elements of the Drug Assessment and Education Session? As with other AOD brief interventions, the DAES is likely to consist of the following elements: Engagement Assessment Screening Motivational Interview Follow-up discussion/provision of information, and Referral for further treatment and/or closure. The length of a standard DAES may range anywhere from 60min to 90min depending on the client s presenting issues. 14

20 1) Engagement At the commencement of the DAES, the clinician should explain the important elements of the session, how it will proceed, and the limits of confidentiality. This can be used to establish some level of rapport with the client and to make clear from the outset what is required of both parties involved in the intervention. 2) Assessment All service providers are required to conduct a bio-psychosocial assessment as part of the DAES. All service providers can download and use the Queensland Health AOD Intake/Demographics and the Queensland Health AOD Clinical Assessment forms from the DCSS; however non-queensland Health providers are free to use their own organisation s internal assessment tools if they wish. All service providers must collect specific Police/Court Diversion Program data for the Alcohol and Other Drug Treatment Service - National Minimum Data Set (AODTS- NMDS). Assessment tools should be designed in a way that enables the collection of this data (see Section 10). Please also note that the Queensland Health AOD Clinical Assessment form includes some items that are not mandatory for Police/Court Diversion service providers to complete. These items are specific to opioid treatment and acute programs. 3) Screening There are a range of screening instruments available for service providers to use as part of the DAES. The Kessler-10, the DASS21 and the AUDIT instruments are available for download form the DCSS. It is mandatory to complete either the DASS21 or Kessler 10 as part of the assessment phase. The use of other screening tools and instruments is at the discretion of individual service providers. Please Note: If the assessment or screening process reveals a more urgent or pressing need than the AOD-related content, and the clinician chooses to focus on this instead, the client is still deemed to have successfully completed the DAES. 4) Motivational Interviewing A Motivational Interview is the key element of a standard DAES. The Decisional Balance Tool and the Four Column Diagram templates are available for download from the DCSS. 5) Further Treatment or Referral Depending on the outcomes of the DAES, clients may be offered further treatment or a referral can be made to another service provider, however this is not a mandatory part of Police/Court Diversion. 15

21 6) Case Closure Most clients do not elect to return for further treatment following the successful completion of their DAES. In these instances their case can be closed. Service providers may choose to give clients brochures or pamphlets at the end of the session. It is recommended that clinicians run through the content of any brochure or resource before the client leaves. It is crucial that service providers maintain clinical files that are consistent with the requirements of their organisation. As a minimum, a clinical file must include the client s assessment form, a copy of the Advice of Attendance form, clinical notes and any referral recommendations. 16

22 Section 08: Administrative Procedures for Service Providers New Referrals When a police or court officer makes a new referral to the DCS the details are entered in to the DCSS and the clients are allocated a diversion reference number. In the case of clients referred from a court officer the diversion reference number will begin with a C. Once an appointment has been booked, the DCS will send a confirmation of appointment to the service provider with the client s diversion reference number, name, sex, place of birth, whether they identify as an Aboriginal and/or Torres Strait Islander, and offence details. Service providers are required to send a reply to the DCS as soon as possible to confirm the appointment. If this is not done, the DCS will follow up until confirmation is obtained. Please Note: It is important for service providers to advise the DCS of any administrative changes relevant to the coordination of the service for example: Change of address and contact numbers New or leaving employees will need to be added/deleted from the DCSS, and New passwords issued. This is required to ensure that the DCS provides accurate information to police and court officers. Appointment Schedules Service providers must ensure that sufficient appointment details are available so that clients are not required to wait longer than 14 days from the date they were diverted. It is the responsibility of service providers to ensure that they provide suitable back-up for appointments if they are on annual leave or sick leave. Failure to do so could result in the person receiving a penalty for the offence. Service providers will receive notification for each referral; however it is important to regularly check the bookings diary contained in the DCSS. In exceptional circumstances where suitable back-up staff to cover appointments are unavailable, and the Police/Court Diversion session needs to be cancelled and rescheduled the subsequent process is to be followed: The service provider is to immediately notify the DCS if they are unable to conduct the scheduled Police/Court Diversion session The DCS will notify the police or court officer so the appointment can be rescheduled The police or court officer will contact the client and the DCS to arrange a new appointment time and date, and The DCS will then advise the service provider of the new appointment details. 17

23 Rescheduling Appointments In exceptional circumstances it may be necessary for the client to change the date/time of an appointment. This will be initiated at the instigation of the police or court officer. The DCS and health service provider do not have the authority to change appointment dates and times. The process for changing an appointment begins once a client has contacted the police or court officer to request their appointment be rescheduled. Once the police or court officer has approved this change, the DCS is contacted and a new date and time is allocated. The DCS will then advise the service provider of the new appointment details. If a client misses an appointment, a decision will be made by the police or court officer as to whether another appointment will be offered to the client. This is done at the discretion of the police or court officer involved. Advice of Attendance The Advice of Attendance form indicates whether the client did or did not attend the DAES as agreed. Once the DAES appointment has been completed, the service provider sends the Advice of Attendance form confirming whether or not the individual attended and completed the session to the following: For the Police Diversion program the Advice of Attendance is to be forwarded to the DCS. dcs@redbourne.com.au For the Court Diversion program the Advice of Attendance is to be forwarded to both the DCS and the Court Diversion Office. CourtDiversion@justice.qld.gov.au It is critical for legal and administrative reasons that this form is ed within 48 hours of the scheduled appointment and where a person meets the requirement to attend the DAES, the relevant authorities will note the person's record and no further action will be taken. Service providers are not expected to follow-up a client who does not attend the agreed appointment. Please Note: Do not include clinical information on the Advice of Attendance form. 18

24 Affidavits It may be necessary to provide a statement to be presented in court, or to appear in court to support statements. This request will be relayed to service providers by either the Queensland Police Service or the Department of Justice and Attorney-General. This will usually be in relation to an individual not attending the scheduled DAES and would be required when the person disputes the matter in court. An affidavit template is available for download from the DCSS. This form should be utilised only when requested and should be witnessed by a Justice of the Peace. There are also two completed sample affidavits available on the DCSS for workers to refer to. 19

25 Section 09: Special Circumstances and Populations Special Circumstances How should I respond to clients who present intoxicated or in crisis? From time to time, clients may present intoxicated or experiencing immediate crisis such as domestic violence etc. In these circumstances, service providers should respond as per their individual agency policy and procedure and consider the client s attendance as constituting a successful completion of the requirements of the Police/Court Diversion process, even though the primary focus of the appointment may not have been their AOD use. Having said this, if a client is impaired to the extent that they are unable to participate in any discernible way in the appointment, then the service provider may consider the client as not having successfully completed the session. In these instances, the worker should note on the Advice of Attendance form the reason why the session was not successfully completed despite the client having attended their appointment. In these circumstances the arresting officer or the court diversion officer may decide to offer the client a new appointment. What should I do in times of natural disaster and other extreme events? In exceptional circumstances (such as natural disasters and other extreme events), the DAES may be conducted by video conferencing, Skype or over the telephone. These options can only be used when it is physically impossible for either the worker or the client to attend their face-to-face session. For Court Diversion sessions, it may be possible to utilise video conferencing systems located in some courts in Queensland. Please contact the Court Diversion Office to discuss this option as it is their responsibility to arrange this with the client and court. As with the face to face DAES, clients are expected to comply with all aspects of the program. Service providers should record that the DAES was conducted via video conference, Skype or telephone in the comments section on the Advice of Attendance form, along with the reason why this option was used. Please Note: Clients who reside outside of Queensland are not eligible for a telephone or Skype session and are required to attend the scheduled appointment in person. 20

26 Special Populations Children and young people Service providers should be aware that there is no minimum age for someone to be eligible for the Police/Court Diversion program. Whilst police must involve a parent, legal guardian or support person before they can question or interview a young person under 17 at a police station, it is not a requirement for parental consent to be obtained by health service providers before they conduct a DAES. A young person may wish to attend the DAES alone or with a parent, friend or significant other. Wherever possible follow the young person s wishes in relation to who does or does not sit in session with them. When providing educational materials, make sure that they are youth friendly and age appropriate. Aboriginal and Torres Strait Islander clients There are a number of issues service providers may wish to consider when working with Aboriginal and Torres Strait Islander clients. The development of culturally sensitive approaches and interventions can enhance practice outcomes, particularly when they are based upon the values of the community and developed jointly with the client. The Handbook for Aboriginal Alcohol and Drug Work written by Kylie Lee and colleagues in 2012 is a useful guide when working with Aboriginal and Torres Strait Islander people. This handbook is available at: Culturally and Linguistically Diverse clients Service providers may also experience particular issues when working with Culturally and Linguistically Diverse (CALD) clients. Consideration should be given to the appropriateness of educational materials presented during the DAES, particularly in relation to language and literacy. More information on how to support clients from diverse cultural backgrounds can be found at: In most circumstances, service providers will be informed by the DCS if their client cannot speak or understand English so that interpreter services can be arranged beforehand. Interpreter services for Queensland Health providers is available at: Interpreter services for non-government providers is available at: If in your opinion it appears that a client cannot sufficiently comprehend English to give valid consent to participate in the session, it is recommended that the matter be referred back to the police or court diversion officer for clarification. 21

27 Clients who do not have capacity If a service provider has concerns around the capacity of an individual to understand or fully engage in a DAES (for example if they are too young or have an intellectual disability), the clinician should tailor the session accordingly and mark the client as having successfully completed the requirements of the diversion process. For more information on assessing capacity and informed consent refer to legal and ethical dimensions of practice: youth alcohol and drug good practice guide (2012). Clients in custody In rare situations, a person may be offered Police/Court Diversion and then be remanded in custody. Service providers will usually be advised of this by the DCS. If this occurs please contact the court diversion officer to discuss further. 22

28 Section 10: Data Reporting Requirements Data Collection and Data Entry Following the completion of the DAES all service providers are required to enter the treatment data into the appropriate data collection system within 7 days. Queensland Health providers are required to enter the data into the Alcohol, Tobacco and Other Drug Services Information System (ATODS-IS). Access to ATODS-IS for Qld Health Providers is available at: All non-government organisations are required to enter their treatment data into the DCSS. Only non-government providers have access to the treatment system module. Access to DCSS is available at: Alcohol & Other Drugs Treatment Services National Minimum Data Set (AODTS-NMDS) This is a mandatory set of data items that must be collected from all clients diverted under the Police/Court Diversion Programs. The aim of the collection is to satisfy national reporting requirements and assist in monitoring and evaluating the Police/Court Diversion Programs. The mandatory set of data items capture basic client demographics, drug use, psycho-social issues and treatment information. For the following items the responses are always: 1. Source of Referral - Police Diversion Program or Court Diversion Program. 2. Client Type - Own Drug Use 3. Collection Occasion Information - Information and Education Only, and 4. Episode Cessation Information - Ceased to participate at expiation (P/C Diversion). For clients who return for further treatment, a new AOD Data Collection form will need to be completed as they are considered a new client for AODTS-NMDS data purposes. The source of referral for this type of client is: Self - Subsequent to Police/Court Diversion. If a client returns to your service for treatment unrelated to the Police/Court Diversion Program - or a significant period of time has passed since the DAES was held - the source of referral should be listed as Self. Data Storage Clinical records are to be kept in a secure area in accordance with current legislation and consistent with the requirements of the service provider. The Health Sector (Clinical Records) Retention and Disposal Schedule indicates that clinical records are 23

29 kept for 10 years, and for young people, 10 years from when they turn 18. As a minimum, Police/Court Diversion clinical records must include: The client s AOD clinical assessment form A copy of the Advice of Attendance form Motivational interviewing worksheets (decisional balance, 4 column diagram etc.) Clinical notes Any referral recommendations, and Any other relevant materials. For more detailed information: The Public Records Act (2002) The Health Sector (Clinical Records) Retention and Disposal Schedule (2012) Documentation Case notes should be completed as soon as possible after the DAES, noting the date and time, and each entry should also be signed. Case notes are important as they promote continuity of care allowing for effective planning, implementation and evaluation of the client care provided. Confidentiality and Privacy Service providers must endeavour at all times to protect personal information and maintain client confidentiality. Clinicians should discuss the issue of confidentiality and its limits with clients at the first point of clinical contact. Clinicians should also explain that they are restricted from disclosing information that is received in confidence, unless there is a compelling reason. These reasons include: If the client threatened to harm him/herself or someone else If a child is currently at risk of abuse or neglect If the clinician or case notes are subpoenaed to court, and Disclosing information about individual clients during the course of supervision. 24

30 Information privacy is broader than the concept of confidentiality and is concerned with the appropriate collection and consent, use and disclosure, quality and security, access and correction, and openness of personal information. Please Note: The Police/Court Diversion clinical records are to be kept separate from general medical/health records. All service providers and clinicians should familiarise themselves with and abide by relevant legislation and policies. For more detailed information: The Health Services Act (1991) 20.pdf The Code of Conduct for the Queensland Public Service (2011) 25

31 Section 11: Appendix Forms available from the DCSS Police/Court Diversion flowcharts Advice of Attendance forms Affidavit template and samples Assessment forms Screening instruments Motivational Interview tools ADIS Police/Court Diversion Resource - Order Form Alcohol and Other Drug resources Reports QADREC - An Evaluation Of Illicit Drug Court Diversion and Police Diversion Programs available at; AIHW The effectiveness of the Illicit Drug Diversion Initiative in rural and remote Australia. Drug statistics series no. 19. Cat. no. PHE 96. Canberra: AIHW. Useful print resources A Brief Cognitive Behavioural Intervention for Regular Amphetamine Users: A Treatment Guide. This manual presents a guide for a four-session intervention based on; motivational interviewing; coping with cravings and lapses; controlling thoughts about amphetamine use and pleasurable activities; and amphetamine refusal skills and preparation for future high-risk situations. The manual is available at: F0001F3E5C/$File/cognitive-intervention.pdf Management of Cannabis Use Disorder and Related Issues - NCPIC. This resource aims to provide facts, figures, and useful techniques to assist clinicians in providing evidence-based treatments for cannabis users wishing to change the patterns of their use. The manual also provides a number of worksheets to use with cannabis clients. Management of Cannabis Use Disorder and Related Issues is available at: ncpic.org.au/ncpic/news/ncpic-news/pdf/management-of-cannabis-use-disorder-andrelated-issues-a-clinicians-guide National Drug and Alcohol Research Centre (NDARC). NDARC have developed a range of resources explaining the links between mental health conditions and substance use. The resources cover anxiety, mood and personality disorders, as well 26

32 as psychosis and trauma. Electronic copies can be downloaded free from the NDARC website at: ndarc.med.unsw.edu.au/news/mental-health-and-substance-use-explained Dovetail Good Practice Guides. Dovetail has developed a suite of Good Practice Guides to support workers, they are available for download here: Aboriginal and Torres Strait Islander resources Handbook for Aboriginal Alcohol and Drug Work. The Handbook for Aboriginal Alcohol and Drug Work is a practical tool to use in your everyday work with clients and is available at: ses.library.usyd.edu.au/bitstream/2123/8339/6/2012-handbook_online-version3.pdf Culturally and Linguistically Diverse resources Queensland Health. A range of culturally appropriate resources are available at: Ethnic Communities Council of Queensland. Information on how to support clients from diverse cultural backgrounds can be found at: YouTube Clips/DVD Resources Alcohol and Your Brain - Tune In Not Out. Tune In Not Out have developed a 3D representation on the effect alcohol has on your body and brain. Find out more about the metabolism of alcohol and what is Blood Alcohol Concentration. Alcohol and Your Brain - Tune In Not Out is available at: and is also available as a 0.99cent iphone and ipad App at: itunes.apple.com/us/app/alcohol-and-your-brain/id ?ls=1&mt=8 Clearing the Smoke - NCPIC. This resource provides up-to-date and accurate information on a range of topics, including cannabis use in Australia, cannabis potency, the impact of cannabis use on mental health, and cannabis dependence. It is designed to be used by alcohol and other drug workers, as well as allied health workers in areas such as mental health, law enforcement, youth and social work. Clearing the Smoke is available at: ncpic.org.au/workforce/alcohol-and-other-drug-workers/clearing-thesmoke or you can watch the full DVD of Cannabis Facts: Clearing the Smoke online at: The Low Down on Alcohol - headspace. Headspace has made a video giving young people the Lowdown on Alcohol. The Low Down on Alcohol is available at: Under Construction - Turning Point. This DVD is a 4 1/2 minute video animation which shows the effects of alcohol use and risky drinking on the different areas of the developing brain and the impact on behaviour. Under Construction is available at: 27

33 Construction.aspx or you can watch Under Construction online at: Alcohol and Other Drug Information Alcohol and Drug Information Service. ADIS operates 24 hours a day, seven days a week. The service provides assistance for individuals, their relatives and friends experiencing problems relating to substance use/misuse. ADIS also distributes print resources to health and related professionals and to the general community. ADIS to request an order form. Beyondblue. Beyondblue is working to reduce the impact of depression and anxiety in the community by raising awareness and understanding, empowering people to seek help, and supporting recovery, management and resilience. Beyondblue is available at: Drug Info. Drug Info is run by the Australian Drug Foundation and contains a mix of information for workers, parents and young people. Drug Info is available at: Family Drug Support. Family Drug Support aims to assist families throughout Australia to deal with drug issues in a way that strengthens relationships and achieves positive outcomes. They offer a free 24/7 telephone counselling service for people affected by a family member's alcohol or other drug use. Family Drug Support is available at: Reach out. Reach out provides excellent youth friendly information on a range of youth health issues, including mental health and alcohol and other drug use. Reach out is available at: au.reachout.com 28