Review of the Police Powers (Drug Premises) Act 2001 - NSW ...

This example is qualitatively distinct from the kind of “drug house” that the legislation was purportedly directed at ... Using the new
legislation to arrest and prosecute homeless people is disingenuous and can only serve to further entrench their marginalisation.
The criminal law is a blunt and ineffective instrument incapable of making the kinds of distinctions necessary to respond to complex
social and economic realities which underpin homelessness and drug use. 666
The incident in which the Drug Premises Act was used on this squat is documented in the case study below.
Case study 23.
Squat as drug premises Cabramatta
Police had intelligence that drugs were being dealt from a squat in Cabramatta that was in the grounds of a bowling club.
Intelligence about drug dealing and drug use at the squat came from a range of sources, including police informants,
community sources and drug users who were questioned after they left the premises. We examined ten intelligence reports
relating to this premises. One report stated that police had been told:
On most occasions drugs are sold in the morning for a few hours and then after a break they start selling again in the afternoon
for a few hours. But when drugs are not being sold from the premises people still come and go and use the place to inject
themselves. 667
Police conducted surveillance on the squat for several days. They saw “numerous persons attend the premises for a short
time before leaving again”. 668 Several days later, police sought permission from the manager of the bowling club to search the
premises. That afternoon, police from the Greater Hume TAG gained entry. They found six adults and an eight-year old child in
the house.
During their search, police found about 700 syringes scattered throughout the rooms of the squat, and about 100 syringes in the
bathroom. Safe Injecting Room was written on the rear bathroom wall. Police also found 150 water balloons, $1000, and nine
rounds of rifle ammunition. Property that police believed to be stolen was also found, including a computer, a mountain bike and
jewellery. In the event narrative relating to this incident, it is noted that:
Police believe the premises is a drug house as set out in the Drug Premises Act, 2001. Police believe the premises is used
as a drug house in that persons would either use the dedicated injecting room or one of the other rooms and inject the drugs
purchased. 669
All six people found on the premises were charged with being found on drug premises. That evening, the squat was
demolished.
One man was convicted of being found on drug premises, and sentenced to nine months gaol. A woman who was found on
the premises was also convicted, and fined $300. Charges against two other people were dismissed or withdrawn. A further
two people failed to appear at court, and a warrant was issued for their arrest.
7.7. Court outcomes relating to drug premises charges laid in
Cabramatta
Court results and pleas entered into in relation to 80 (eighty) defendants who were charged with a drug premises offence in Cabramatta
are set out below. 670
7.7.1. Being found on, entering or leaving drug premises (first offence)
Court results relating to 52 defendants who were charged with being found on, entering or leaving drug premises in Cabramatta are
shown in the table below.
666 Ibid, p. 22.
667 Intelligence Report, Cabramatta LAC, Drug Premises Incident 9.
668 COPS event narrative, Cabramatta LAC, Drug Premises Incident 9.
669 Ibid.
670 These statistics have been collated from court transcripts analysed for this review in relation to 80 defendants who were charged in the
Cabramatta LAC.
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NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001