Changes to Victorian public drunkenness laws to come into effect on Melbourne Cup Day

Police will be stripped of their power to arrest drunk people in Victoria as part of a new law which some cops have called ‘insane’.

The controversial changes to public intoxication laws will come into effect on November 7, when the state gears up for Melbourne Cup Day. 

Inebriated Victorians will either be taken home or to ‘sobering-up’ centres instead of police cells under the new system led by health professionals. 

Some within the police force have slammed the timing of the new law. 

Victoria Police Association boss Wayne Gatt said the Melbourne Cup was ‘traditionally an extremely busy day for our members’ and that the move may add to the pressure.

The move to abolish public drunkenness laws across Victoria on Melbourne Cup day has been labelled as ‘insane’ by some cops (pictured, Melbourne Cup celebrations in 2022)

The decision to abolish the laws was recommended by a panel set up by the state government after the death of Yorta Yorta woman, Tanya Day, in police custody in 2017.

Ms Day, who was 55, died after sustaining a serious head injury in a police cell.

In January, the Andrews government announced it would not give police any new powers to arrest people for being drunk in public once the existing offence is decriminalised in November. 

It is understood Victoria Police has sought independent legal advice over the pending changes, the Herald Sun reported.

Tender documents released this week for prospective service providers of a new health service to deal with public drunkenness have been told to expect at least 500 cases a month.

The figure is almost double the number of people arrested for drunk and disorderly behaviour across Victoria last year.

Data from Victoria’s Crime Statistics Agency shows 3,181 public drunkenness offences were recorded across the state in the year ending June 2022.

Intoxicated Victorians will taken home or to ‘sobering-up’ centres instead of police cells under the new system (pictured, crowds exit the Melbourne Cup)

 In January, the Victorian government announced it would not give police any new powers to arrest people for being drunk in public (pictured, Melbourne Cup day in 2018)

Sgt Gatt said he was concerned police would continue to be expected to provide significant support when primary healthcare workers were unavailable. 

He said police could be forced to act as ‘secondary responders’, which could divert them from critical frontline duties.

When asked about the laws coming into effect on Melbourne Cup day, he said: ‘What we don’t want on the first day this legislation is introduced is for our members to be fielding hundreds of extra calls and then have to find the resources to act as ‘secondary responders’ in lieu of there being no adequate first responders.

‘It’s on the government to explain how this is going to work – and time is ticking.’

Sgt Gatt said it was not yet clear how the government planned to roll out the new program without the continued role of police.

‘The scope of the tender clearly does not cover the whole of the state and the financial cost will be enormous,’ he said.

‘All this at a time when the government is purportedly struggling to balance its budget.’

3,181 public drunkenness offences were recorded across Victoria in the year ending June 2022 (pictured, Melbourne Cup revellers in 2020)

Tender documents reveal the service provider will be responsible for responding to public drunkenness reports and providing immediate support, transport, monitoring and short-term care, follow-up and referrals.

It will only be required to answer 80 per cent of calls within 15 minutes in order to meet KPIs.

In 10 areas, outreach and ‘place of safety services’ will be set up for Aboriginal people, while another service for the wider population will run across Melbourne.

The outreach services will work alongside local health and social support services to assist people in accessing follow-up or ongoing support. 

Shadow attorney-general Michael O’Brien said the Victorian Premier wanted ‘police to do their job with one hand tied behind their backs’.

Victoria and Queensland are the only jurisdictions in Australia to still have a specific offence for public drunkenness, which the 1991 royal commission into Aboriginal deaths in custody found had disproportionately affected Indigenous people, and recommended that it be abolished.