Victoria Defends Decriminalising Public Drunkenness before Cup Day Despite Police Concerns

Victorian Deputy Premier Jacinta Allan addresses the media during a press conference in Melbourne, Australia, Dec. 29, 2020. AAP Image/James Ross

Victorian Premier Jacinta Allan has defended decriminalising public drunkenness on Melbourne Cup day, despite concerns from the state’s police officers on Oct. 31.

From Nov. 7, being intoxicated in public will no longer be a crime, and police won’t have any powers to arrest people. Instead, it will be approached as a health issue, with leading community health organisation Co-health delivering street-based outreach teams and mobile vans across metro Melbourne, after long-planned decriminalisation reforms.

Ms. Allan said the approach was “common sense.”

“Because being intoxicated in public shouldn’t be a crime. And from next week, it won’t be,” she said.

She added that criminalising public drunkenness “led to too many Indigenous Victorians ending up in a jail cell.”

“We are not going to continue where we have laws in this state that disproportionately see Indigenous Victorians end up in jail cells, and very seriously significant consequences come as a result of that,” she said.

Concerned Opposition

In response, Victoria Police issued a statement assuring police want to “instinctively assist” the community; however, under new laws, there will be times when members will leave drunk people where they are, particularly when they are not deemed a safety risk.

Opposition police spokesman Brad Battin added the move was an “absolute disgrace” and expressed concern that “vulnerable people” would be left in “pure danger.”

While Police Association Secretary Wayne Gatt said police need to brace for, in some cases, “simply walking away.”

Mr. Gatt said, “That’s going to challenge them as police officers and as people who genuinely come to work because they believe in what they’re doing.”

The opposition also introduced a bill to parliament to delay the implementation until late November when a new 20-bed sobering-up facility in Collingwood is complete.

Opposition Leader John Pessutto said despite supporting the change at its heart, the proposed health response, in terms of its implementation, needed more time to be ready for the law change.

However, the motion was struck down by Labor who said the government was ready to deliver the reforms.

Police Are Ready, Deputy Says

Meanwhile, Victoria Deputy Premier Ben Carroll told Sky News Australia that the government was “very confident” in its investments, adding police were ready and “Nov. 7 will pass through like any other day.”

Ms. Allan confirmed her confidence, adding that another facility in Collingwood, where a 12-month trial has been underway, will be available until the new sobering-up centre is complete. However, the “vast majority” of intoxicated people in public will not need to visit it.

“If there is a small number who need additional support, there is a facility that already exists. We'll be adding to that facility by the end of November. And from next week, there will be the additional Aboriginal-run health providers providing support to Indigenous Victorians,” she said.

“As of next week, there will be ten mobile units that will be made up of health experts, nurses, and alcohol and drug workers who will go out and provide outreach support, and for the vast majority of people, that support will be getting them home.”

Community Cross-Section Would Benefit

CoHealth successfully operated a sobering service trial in the City of Yarra. It will use the same care model to expand services to metropolitan Melbourne after a “real cross-section” of the community needs it.

Cohealth Deputy Chief Executive Christopher Turner said, “A health-based response to public intoxication keeps people safe, avoids unnecessary contact with police, and creates a safer and more supportive environment for vulnerable members of our community.”

Mr. Turner said the fundamental service shift would save lives, improve people’s health and reduce the burden on police and other emergency services.

“From disorientated young people who’ve lost their mates late at night to people who’ve had one too many after-work drinks and people who are homeless and alcohol-affected, our service will be for everyone,” he said.

Cohealth concluded, as well as responding to immediate health and safety needs, its sobering service will connect people to alcohol and other drug treatment and specialist services should they need them.

“It will be a great comfort to many people to know that if their loved ones are intoxicated in public, there will be a team of health workers to respond and make sure they’re safe.”

Road to Reform

Cohealth’s safety assurance comes after the Victorian government committed to decriminalising public drunkenness at the start of an inquest into the 2017 death of Yorta Yorta woman Tanya Day.

Ms. Day was arrested for being publicly drunk. However, she died after hitting her head in a concrete cell at Castlemaine Police Station.

Subsequently, a coroner found her death was preventable.

Then, the Victorian Labor government committed to a decriminalised approach to public drunkenness in 2019.

In December 2022, the government confirmed it would replace the public drunkenness offence with a health-led model, with the 2023-24 state budget including $88.3 million over three years for the statewide rollout of the health-based response.