Laws that jail intoxicated Victorians will be scrapped on Melbourne Cup Day, in a move that advocates claim will protect the state’s most vulnerable Indigenous Australians.
Being intoxicated in public will no longer be a crime from Tuesday, with Victoria to adopt a “health-led” response that will focus on targeted support.
The move will attempt to address the longstanding issue of indigenous deaths in custody, and was in large part a result of the tireless advocacy from First Nations communities following the death of elder, Aunty Tanya Day.
“These reforms strike a balance between supporting people who are intoxicated and community safety, and… will undoubtedly change and save lives,” Minister for Mental Health, Ingrid Stitt said.
Indigenous deaths in custody were this year at their highest in the past 15 years, according to a report from the Australian Institute of Criminology.
In 2021–22, there were 106 deaths in custody: 84 in prison custody and 22 in police custody or custody-related operations.
The important law change in Victoria was in large part inspired by the death of Yorta Yorta Indigenous elder, Tanya Day, who died in police custody after she was arrested for public drunkenness.
From November 7, public intoxication will now no longer be a crime and police won’t be able to arrest people for being drunk and detain them in police cells.
It comes four years after the state committed to transitioning from a criminal justice to public health approach to the issue.
Instead, people will be supported to go to a safe space like a sobering up centre.
Police will still be able to arrest drunk people if they’re committing an offence.
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The health-led model prioritises services for First Nations Victorians, in acknowledgement of the disproportionate impact public intoxication laws and police interactions has had for too long.
“For too long we have seen First Nations Victorians disproportionately affected by current laws and too many tragic outcomes when they are in custody,” Stitt said.
“Being intoxicated in a public place should not be a crime.”
Aboriginal outreach services will be operated across Melbourne, Frankston and Wyndham, supporting Aboriginal Victorians who are intoxicated in public.
The dedicated First Nations sobering centre in St Kilda will operate from an existing service that is already open and run by Ngwala, and other dedicated services will provide support to Aboriginal and Torres Strait Islander peoples across eight key areas of need in regional Victoria.
There will also be 24/7 outreach services available for the general public across Melbourne.
The services will work alongside local health and social support services to ensure people can also access help for concerns like alcohol and other drug addiction, family violence, homelessness, mental health and wellbeing, or financial difficulties.
