Drug and alcohol sentencing list will receive an extra $8.4 million in ACT budget

The two measures will address some of the key concerns about the shortfalls of the ACT government's justice reinvestment program raised by Tom McLuckie, who lost his son Matthew in a horrific road crash on Hindmarsh Drive last year and became a fierce advocate for a review of existing government programs.

The ACT government will provide $8.4 million to the ACT Supreme Court's drug and alcohol sentencing list to increase its capacity by 20 per cent, with a further $27 million set aside for supporting the court over the following three years.

ACT Supreme Court judges were given the power in late 2019 to suspend jail sentences and impose drug and alcohol treatment orders for certain offenders with addiction issues.

Acting Justice Richard Refshauge, a self-confessed legal conservative, presides over the list and is firmly supportive of the process. Certain offences - such as homicide and sex assault - render an offender ineligible, with residential rehabilitation a common requirement of the orders.

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Last year eight offenders under treatment orders "graduated" from the court, although 15 of the 56 people given the chance to avoid jail time had their orders cancelled because of non-compliance.

ACT Attorney-General Shane Rattenbury said an independent review of the court list last year found it was reducing re-offending, helping offenders get their lives on track, and saving the community millions of dollars.

However, advocates such as Mr McLuckie and experienced barristers such as John Purnell SC had been critical of the lack of funds provided to it.

The new funding will increase the number of funded eligible cases over a 12-month period from 35 to 42.

"Last year's evaluation estimated the drug and alcohol court had saved the community $14 million in avoided prison time - more than its running costs," Mr Rattenbury said.

"The program was at capacity, and this expansion will allow more offenders to be diverted from prison, to get treatment, and to break the cycle of offending."

For years, the ACT had operated under a system whereby eight different magistrates also served as coroners as part of their broader caseloads. This changed in February last year when the first dedicated coroner for the ACT, Ken Archer, was appointed.

However, Mr Archer's workload to date has been onerous as aside from his coronial caseload and reviews of briefs in evidence, he also counsels and liaises with grieving victims' families.

"The government is committed to improving the ACT's coronial system . . . [and] now [is] focused on improving the experience for families and loved ones who engage with the coronial process.," Mr Rattenbury said.

"The new forensic counselling service will provide free support and counselling to loved ones in the immediate aftermath of a death which is being investigated by the coroner. Additionally, the funding of a second family liaison officer will provide support to families involved in coronial matters."

In October, the ACT government's decriminalisation of all illicit drugs will begin, and the experience from other countries suggests this would ease the pressure on the ACT court system generally. However, research has also revealed that the pressure would be transferred to Canberra's troubled health system.

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