In Australia, as elsewhere, there has been a rapid growth in programs to divert drug‐using offenders from the criminal justice system to assessment and treatment. In this Harm Reduction Digest, which builds on papers presented at the APSAD Conference in Melbourne, November 2005, Clancey and Howard take a reflexive look at the Australian experience since the launch of the National Illicit Drug Diversion Initiative in 1999. In putting diversion within a broader criminological and societal context, they suggest that we may have criminalised drug policy and may ultimately be doing more harm than good.