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

Chapter 2. Methodology
In this chapter, we outline our research approach for this review of the implementation of the Drug Premises Act. We describe the police,
court and other records that were examined.
Specific research methodologies utilised to review the operation of the Act are also outlined. In addition, there were several limitations in
the data that were available for us to examine. The impact of these limitations on our review is also discussed.
We examined the use of the Drug Premises Act on 141 drug premises that were identified during the review period. The use of the Act on
drug premises in nine LACs and by the State Crime Command 34 was examined in further detail.
In order to review the operation of the drug move-on powers, a detailed examination of their use by the Cabramatta LAC in the first year
of the review period was conducted, as well as an audit of their use in 17 commands in the second year of the review period. State-wide
statistics on the use of these powers over the review period are also provided.
2.1. Research approach
Our research was guided by the concerns that were raised about the Act in parliamentary debate, in submissions to our discussion paper,
and by issues that emerged during the course of the review.
A number of qualitative and quantitative research methods were used to review the implementation of the Drug Premises Act. Much of the
research and analysis contained in this report is derived from police and court records and other sources, such as interviews and focus
groups. The aim of using a range of methods was to minimise the impact of the limitations of any one information source or method.
Our research approach also aimed to provide a broad perspective on the implementation of the Drug Premises Act. A wide variety of
stakeholders were consulted during this review including police, health professionals, drug users and drug user advocacy groups. Part of
this consultation process also involved the production of a discussion paper that invited comment on the operation of the Act from about
500 stakeholders.
The research focus of this review was to examine data that was specific to the implementation of search warrant powers in relation to
drug premises. Our review examines matters such as the use of drug premises search warrants, court cases involving drug premises
offences, and the extent to which particular premises met the criteria that may be used to define drug premises in the Act. However, we
have not examined broader questions, such as how the procedures for videoing and executing search warrants were applied in relation to
the execution of warrants under the Drug Premises Act.
In this review, time, resources, concerns to respect the privacy of individuals and access to relevant persons or information, sometimes
limited our examination of issues. For instance, we were only able to interview a very small number of drug users about their experience
of the drug move-on powers. Similarly, rather than reviewing all search warrant documents relating to the use of the Act, we audited ten
commands 35 out of a total of 39 that used the legislation.
It is also important to note the impact of difficulties in accessing certain police records and other information for this review. 36
2.2. The heroin drought
It is necessary to acknowledge the likely impact of the heroin drought on our research findings for this review.
In late 2000, it appeared that the supply of heroin in Sydney was drying up. In early 2001, researchers investigating the Cabramatta streetlevel
drug market found that it was taking drug users much longer than usual to score and confirmed the existence of a heroin shortage. 37
This phenomenon continued in the Cabramatta street-level market and elsewhere in Australia, and became known as the heroin drought.
The scale and longevity of the heroin drought is unprecedented, and its long term impact on issues such as drug related crime, streetlevel
drug markets and drug user behaviour is not yet fully understood. However, there are various studies that have begun to investigate
some of these questions. A study by the Bureau of Crime Statistics and Research (BOCSAR) published in October 2001 found that:
34 The State Crime Command is a unit within NSW police that conducts specialised investigative work. It is comprised of a number of units, such as
the Drug Squad. Police officers in the State Crime Command work across NSW, where required.
35 Nine of these were LACs, and the State Crime Command was also audited.
36 There was a significant delay at the start of this project in negotiating access to search warrant documents with NSW Police.
37 BOCSAR, “The Australian Heroin Drought and its Implications for Drug Policy”, October 2001.
NSW Ombudsman
Review of the Police Powers (Drug Premises) Act 2001 15