Drug Diversion Lawyer —
Cairns & Far North Queensland — Fixed Fee
$1,650 — Fixed Fee
Fixed Fee: $1,650. Covers : eligibility assessment, liaison with police or prosecution, court appearance at Cairns Magistrates Court or any FNQ court, submissions to the Magistrate, advice on transitional law where the 2026 IDEDF reform applies. No hidden fees. One invoice. All fees +10% GST.
What This Is About
You've been charged with a minor drug offence — probably possession of a small amount. You're worried about a criminal record. You've heard there's something called drug diversion that might mean it doesn't go on your record. That's right — but it's not automatic, and Queensland's diversion laws changed significantly in April 2026. Whether diversion is available to you, which framework applies to your matter, and whether it's actually the right option — those questions need a straight answer before your court date. Sacha will give you that answer. Call 0425 429 458.
Will This Go on My Record?
If you complete diversion — whether through police or through the court — no conviction is recorded and there is no entry on your criminal history for the drug offence. That's the outcome diversion is designed to produce. But it only applies if you're eligible, if the process is handled correctly, and if you actually complete the required assessment or education session. If any of those steps go wrong, the matter proceeds as a charge.
Queensland's Drug Laws Changed in April 2026
This matters for your case. The previous three-tier system — where you could be diverted up to three times over a lifetime — was repealed on 24 April 2026. The new framework, called the Illicit Drug Enforcement and Diversion Framework (IDEDF), replaced it. The new framework hasn't fully commenced yet — that happens on a date set by proclamation, which hadn't been announced as of early May 2026. This means: If your offence happened before the new commencement date, the old framework still applies to you If your offence happened after that date, the new IDEDF rules apply Most information published online still describes the old system. Do not rely on it.
What changed under the new IDEDF:
Cannabis: You get one lifetime opportunity to complete a diversion program (previously up to three). If you've never used diversion before and you're charged with possession of up to 50g, police must offer it to you. Other drugs (ice, cocaine, MDMA, heroin, fentanyl, others): Police may issue an on-the-spot fine instead of charging you. You then have 28 days to elect whether to pay the fine or complete a diversion program. If you've already used your one opportunity: You face charges. There's no second diversion under IDEDF.
How Much Drug Can You Have?
Diversion only applies below these quantities: Methamphetamine / ice —1g Above these amounts, police diversion is not available. Court-based diversion may still be an option depending on the circumstances however. Cannabis — 50g Cocaine — 1g Heroin — 1g MDMA (ecstasy) — 4 pills / capsules Fentanyl — 0.0025g LSD — 3 tabs Psilocybin — 0.04g
The Three Diversion Pathways in Queensland
1. Police diversion — offered before the matter reaches court, at the roadside, in the watch-house, or shortly after arrest. If you're eligible and the offer is made, you sign an agreement and attend an assessment session. Complete it, and the charge goes no further. 2. Court Diversion Program (CDP) — available at Cairns Magistrates Court. The Magistrate places you on a recognisance order with a condition to attend a Drug Assessment and Education Session. The Magistrate has discretion to refuse even if you're technically eligible — which is why submissions matter. 3. Drug and Alcohol Assessment Referral (DAAR) — available at Magistrates Court. Broader eligibility than the CDP; no quantity threshold. Useful where CDP eligibility is borderline. The Brisbane Drug Court (QDAC) is a separate thing — it's a sentencing program for people with severe substance dependence. It operates in Brisbane only. It doesn't apply in Cairns or anywhere in Far North Queensland.
What Sacha Does
Work out whether you're actually eligible. The criteria are specific. Your criminal history, the drug type and quantity, the circumstances of the charge, and how many times you've previously been offered diversion all matter. Police get eligibility wrong. We check. Pursue diversion where it wasn't offered. If you should have been offered police diversion but weren't, Sacha liaises directly with Queensland Police Service to have the offer made. Where the charge can be framed to make diversion available — for instance, ensuring possession rather than supply — Sacha does that work before you go to court. Appear in court and make submissions. For CDP and DAAR, the Magistrate has real discretion. We appear on your behalf and make submissions that address why diversion is the right outcome — framing the facts, presenting context, and dealing with any concerns the Magistrate is likely to raise. Advise on the transitional law. With two frameworks now in play, which one governs your matter depends on exactly when your offence occurred and when the new provisions formally commence. We give you specific advice on which rules apply to you. If diversion isn't available. We pursue the best available outcome — charge negotiation, sentence mitigation, or where the police powers and search are questionable, scrutiny of how the charge came about.
Is Diversion Always the Right Answer?
Not always. In some cases — particularly where you have a clean record and the facts are minor — a guilty plea with a section 12 application (no conviction recorded) produces a cleaner outcome without the conditions attached to diversion. In other cases, the charge itself is defensible and you shouldn't plead at all. Diversion also isn't free from conditions. You have to attend and complete the required assessment or education session within 90 days. Miss it, and the diversion opportunity is spent regardless — and you may face a separate offence for failing to complete. Get advice before you make a decision.
Cairns and Remote FNQ
Drug diversion operates at Cairns Magistrates Court (5D Sheridan Street). Assessment appointments for court-based diversion are delivered in Cairns by the Cairns Community Alcohol and Other Drugs Service (AODS) at 8 Aplin Street (intake: 07 4226 3900). For clients in remote communities — Cape York, Torres Strait, Gulf Country — diversion assessment appointments can be conducted by phone or video conference. Sacha handles circuit matters across remote FNQ courts and can arrange appropriate appointment modes for clients who can't attend in person. For Aboriginal and Torres Strait Islander clients, Sacha works alongside Cairns Murri Court and Community Justice Groups (CJGs) operating across FNQ — including Cairns, Kuranda, Mossman, Thursday Island, Coen, and Northern Peninsula Area.
Frequently Asked Questions
Will I get a criminal record if I complete diversion? No. Completing police or court diversion for a minor drug offence means no conviction is recorded and no entry on your criminal history for that offence. This applies under both the old and new frameworks. How many times can I use drug diversion? Under the old PDDP (which still governs offences before the new commencement date), up to three times over a lifetime. Under the new IDEDF, cannabis diversion is a one-lifetime opportunity. For other drugs under IDEDF, one election to complete diversion instead of paying the fine. What if I miss my diversion appointment? Failure to complete the required session within 90 days is an offence under s 791 of the Police Powers and Responsibilities Act 2000 (Qld). Your diversion opportunity is spent and the original charge may proceed. Contact Civic Law immediately if you've missed or are at risk of missing an appointment. Police didn't offer me diversion — but I think I was eligible. What do I do? This happens. Police can incorrectly assess eligibility. Sacha can liaise with QPS on your behalf to have the offer made. Legal Aid Queensland specifically identifies this situation as one requiring legal advice. I used police diversion before the 2026 changes. Am I still eligible for court diversion? Possibly — but the interaction between the old PDDP, the new IDEDF, and the court-based CDP lifetime limit is currently one of the most complex questions in Queensland drug diversion law. Get specific advice before your court date. Is the new IDEDF in force right now? The Act passed on 24 April 2026 but the IDEDF provisions commence on a date still to be set by proclamation. As of early May 2026, that date hadn't been announced. If you were charged before the commencement date is set, the old framework may still apply to you. I'm in a remote community. Can I still access diversion? Yes. Diversion assessments can be done by phone or video conference. The Diversion Coordination Service is on 1800 879 601. Sacha helps remote clients make the right arrangements. Do I have to admit guilt to take diversion? In practical terms, yes — diversion involves acknowledging the conduct. If you genuinely dispute what police say happened, diversion isn't the right path. You should defend the charge.