Suspension of MERIT program in Dubbo 'unjust', says NSW Law Society

Jennifer Spear, president of the Orana Regional Law Society, said new referrals to the Magistrates Early Referral Into Treatment (MERIT) program in Dubbo have been suspended for at least three months due to staffing issues.

Although the program is expected to restart from July 10, Ms Spear said even a temporary halt is "unjust".

"Participants in MERIT are often some of the most vulnerable and disadvantaged people in the community, " Ms Spear said.

"The strict eligibility requirements for a referral to the Dubbo Drug Court combined with the suspension of MERIT means that many people with drug and alcohol problems are falling through the cracks."

The 12-week program enables eligible defendants to receive rehabilitation and treatment for their drug or alcohol issues before appearing for sentencing. The progress they make during the program is taken into account by the magistrate.

"When someone comes before the court they would usually have the option to engage in this program which provides drug and alcohol counselling and a range of interventions run by NSW Health," said Ms Spear.

"It's a really meaningful program. Because it's rehabilitating someone who's otherwise going to end up in a similar situation again if they can't get on top of their substance abuse issues.

"I've not seen [clients] again after they've engaged in the program - and I think that is a sign it's working. I've heard from people engaging in the program that it's a huge wake up call."

NSW Law Society president Cassandra Banks said the program doesn't just give offenders a chance to get their lives back on track, it also benefits the broader community by reducing recidivism.

"Having programs that assist people to leave the justice system - and hopefully not come back into it - is critical for the community," she said.

"We're not saying that MERIT is a soft-touch on crime but we've got to be addressing the reasons why people end up coming to see criminal lawyers in the first place and going through the same cycles.

"Health, education, poverty, housing, mental health issues and substance abuse. These need to come first."

Ms Banks said she is "very concerned" about the suspension of the program.

"Dubbo is an important regional centre in NSW and deserves justice services fit for the surrounding area," Ms Banks said.

"Every community should have equal opportunity and access to services. It shouldn't come down to where you live."

Ms Spears and Ms Banks are calling on Health Minister Ryan Park and Attorney General to work together on "an urgent solution" to get the program back up and running and to ensure it isn't suspended again.

"I think it's crucial for the Western NSW Local Health District to have this program in place," said Ms Spears.

"It's unfair that other courts can access this. We're seeing worse outcomes here than we might otherwise see in places where the program's available.

"It's really critical that everyone has the same chance to change their lives."

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