Parliament of Victoria | Legislative Council | Questions Without Notice
15 October 2025
David ETTERSHANK (Western Metropolitan Region):
My question is to the Minister for Corrections. Multiple submissions to the Yoorrook Justice Commission noted the disproportionate impact on Aboriginal communities due to the criminalisation of cannabis for personal use, including exposure to harmful impacts of the criminal justice system and imprisonment. The Victorian Aboriginal Legal Service have called for the decriminalisation of cannabis as:
… a pathway to prioritise community health, reduce criminal legal system interactions, and improve social and health outcomes for Aboriginal people and their families.
If one of the key aims of the treaty bill being debated in the other place as we speak is to address the criminalisation and over-representation of Aboriginal people in our prisons, why is the government refusing to progress the decriminalisation of cannabis?
Jaclyn SYMES (Treasurer – Northern Victoria):
On a point of order, President, I would assert that the Minister for Corrections is not the relevant minister for that particular question, and it might be better directed to the Attorney-General.
The PRESIDENT:
Mr Ettershank, are you happy for that to be redirected?
David ETTERSHANK (Western Metropolitan Region):
I am happy with that. Thank you. Yes.
Enver ERDOGAN (Minister for Corrections – Northern Metropolitan Region):
I thank Mr Ettershank for his question and his interest in this matter. I will make sure that is passed on to the Attorney-General in the other place for a response in line with the standing orders.
David ETTERSHANK (Western Metropolitan Region):
Let us have another punt, shall we? Jurisdictions including Canada, Germany and much of the US that have decriminalised cannabis have seen a substantial reduction in custodial sentences for possession of cannabis, leading to a reduced burden on prison resources and subsequent savings for the state.
Given the government’s new tough-on-crime bail laws have resulted in additional strain on Victoria’s correctional facilities, will the government reconsider its opposition to cannabis decriminalisation in order to reduce the burden on our prisons and prison staff?
Enver ERDOGAN (Minister for Corrections – Northern Metropolitan Region):
I thank Mr Ettershank for his question and his interest in this matter and the impact that decriminalisation has had on other jurisdictions in comparison with Victoria. I am sure the Attorney-General will be happy to answer that question in line with the standing orders.
Written Answer
Received: 03 November 2025
Hon. Sonya Kilkenny MP
(Attorney-General, Minister for Planning)
Written response
Substantive question
I thank Mr Ettershank for his question. I acknowledge the issues you raise and the submissions to the Yoorrook Justice Commission that provide important insight into complex issues that continue to impact Aboriginal communities. While the Victorian Government does not support decriminalisation of cannabis at this time, the Government continues to monitor the research and emerging evidence on cannabis use in the Victorian context and remains committed to work to reduce harm associated with cannabis through coordinated effort and evidence-based action.
The crime of drug possession is not a matter for the Attorney-General, who is not responsible under the general orders for the Drugs, Poisons and Controlled Substances Act 1981. But I am more than happy to provide you with other information at my disposal in relation to programs that are designed to divert people away from the justice system.
Supplementary question
I thank Mr Ettershank for his second question. While the Attorney-General is not responsible under the general orders for the Drugs, Poisons and Controlled Substances Act 1981, I note that the current maximum penalty for the crime of possessing a small quantity of cannabis for personal use will not result in a term of imprisonment. As I indicated earlier, there are also programs designed to divert people from the justice system at different stages of the justice process that are used by courts and justice agencies where appropriate. These programs are designed not only to minimise the stigma people face from having to go through the criminal justice process, but they also help reduce any impacts on the justice system itself, by diverting people away from prisons. The Government also continues to consider the research and evidence on cannabis use to inform any future changes to drug diversion programs to better address low-level drug use and possession in Victoria.
[ENDS]
