The Victorian Government is set to decriminalise public drunkenness and says it’s a move that will save lives.
The Government has welcomed an independent report from the Expert Reference Group (ERG) that asserts that no-one should be placed into a police cell simply because they were drunk in public.
Attorney-General Jill Hennessy said the findings support the creation of a new ‘culturally appropriate health model’ – ensuring those who are intoxicated in public can access the healthcare and support they need.
“Those who are intoxicated in public need our help to be safe and be well,” she said.
“The Aboriginal community has long advocated for these unfair and outdated laws to be overhauled.
“This legislation is an important first step as we move towards a health-focused model which has the best interests of Aboriginal Victorians at heart.”
She said abolishing the offence of public drunkenness was a key recommendation of the Royal Commission into Aboriginal Deaths in Custody almost 30 years ago.
Minister for Aboriginal Affairs Gabrielle Williams said it was clear that current public drunkenness laws had caused an unacceptable and disproportionate impact on Aboriginal Victorian.
“We cannot wait any longer to do something about it,” Minister Williams said.
“Current public drunkenness laws have had a profound and disproportionate impact on Aboriginal communities. These new laws will provide a common-sense change – focusing on support, not punishment.”
The Victorian Budget 2020/21 will provide $16 million to kickstart the new model and promote safer pathways to help people who are intoxicated on Victorian streets.
The Government said it will review all recommendations from the ERG – including more culturally appropriate social services and prevention strategies, improving first response and transporting people to a safe place.
It said the report, ‘Seeing the Clear Light of Day’, would serve as a lasting tribute to the “tragic and unnecessary death” of Tanya Day – a Yorta Yorta woman and much-loved mother and grandmother.
“The Labor Government established the ERG to provide advice in consultation with the Aboriginal community, health services, alcohol and other drugs experts, local government and operators of licensed premises. That consultation will continue as we move to implement the health model.”
The ERG has recommended a 24-month implementation period to safely and effectively develop the new public health model, including the establishment of trial sites to inform how the model is rolled out across the state.
Legislation to decriminalise public drunkenness is expected to be introduced before the end of the year.
