Increase in Drink Spiking
Reverend the Hon. Dr GORDON MOYES: I ask the Hon. John Della Bosca, on behalf of the Attorney General, the Hon. Bob Debus, a question without notice. Is the Minister aware of the Australian Institute of Criminology report that estimated that up to 4,000 cases of drink spiking occur across Australia each year and the spiking agent most commonly used is alcohol? Is the Minister aware that provisions of the Crimes Act 1900, the Drug Misuse and Trafficking Act 1985 and the Poisons and Therapeutic Goods Act 1966, which apply to the act of drink spiking when illicit drugs are used, do not adequately provide for situations when alcohol is used as a spiking agent?
Given the announcement of Minister Debus on 23 March 2005 that a new summary offence of drink spiking would be introduced providing for an offence to spike drinks even where alcohol is used as a spiking agent, would the Minister indicate why this offence has not yet been introduced?
The Hon. JOHN DELLA BOSCA: Yes, I am aware of the issue of drink spiking and, as it happens, I am aware that the overwhelming majority of allegations about drink spiking involve alcohol as the spiking agent. I will get a comprehensive answer to the member’s question from the Attorney General and I am sure it will enlighten us all.
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The Hon. BOB DEBUS: The Government is aware of the harmful practice of drink spiking, and has been actively addressing it for some time. Following the release of the Australian Institute of Criminology (AIC) report the Government created a multi-agency Drink Spiking Action Group. That action group is:
• improving police reporting and evidence gathering procedures in relation to drink spiking
• working with the liquor industry to educate hotel staff and patrons about drink spiking
• preparing information kits to educate the public—to enable potential victims to protect themselves, and to warn potential perpetrators that their behaviour is criminal, and they will be prosecuted.
In 2005, the national Standing Committee of Attorneys-General (SCAG) requested that the Model Criminal Law Officers’ Committee (MCLOC, formerly MCCOC) review the criminal laws on drink spiking and bring forward options for a standardised national approach to drink spiking. The review includes development of standardised provisions to better cover cases where the spiking agent is alcohol. MCLOC is now finalising a report for consideration at the April 2007 SCAG meeting.
The NSW Government will seriously consider the recommendations made in the final MCLOC report, as part of an ongoing commitment to dealing with drink spiking in all its forms.