Long overdue laws to decriminalise public drunkenness before Victorian Parliament

Today, reforms to decriminalise public drunkenness are being debated in the Victorian Parliament. Victoria is one of only two states in Australia yet to act on the recommendation of the Royal Commission into Aboriginal Deaths in Custody 30 years ago to decriminalise public drunkenness.

The Andrews Government committed to repealing public drunkenness laws in August 2019 at the outset of the coronial inquest into the death of Yorta Yorta Woman, Tanya Day. Tanya Day was arrested for being drunk in a public place in December 2017 and taken into police custody, where she later died.

Last year, an Expert Reference Group consisting of Aboriginal health and legal organisations, and a former Assistant Commissioner of Victoria Police, was established to provide advice and recommendations to the Victorian Government on the development of an alternative health-based response to public drunkenness. As per a recommendation of that expert group, the reforms will come into effect in two years’ time to provide a transition away from the current criminal law-based response to being drunk in a public place to a best practice, health-based solution.

In response to the reforms being in the Victorian Parliament, the Day family said:

“We call on all members of the Victorian Parliament to support the decriminalisation of public drunkenness. This reform cannot happen soon enough. If these racist laws were abolished three decades ago, our mum would still be with us today.”

“Public drunkenness laws have always been dangerous and discriminatory, and that’s why the Royal Commission into Aboriginal Deaths in Custody recommended that they be repealed 30 years ago. As our mum’s case shows, police cells are unsafe places. No person should ever be locked up just for being drunk in public.”

“There can be no further delay. It’s frustrating that these reforms are already so long overdue. Members of Victoria Police must immediately act in the spirit of the laws so that no other Aboriginal person dies in custody during the two-year implementation period. And the Andrews Government must back their words with action and work with Aboriginal communities to implement a culturally safe and best practice public health response ahead of their deadline.”

Monique Hurley, Senior Lawyer at the Human Rights Law Centre, who represented the Day family in the coronial inquest into Tanya Day’s death, said:

“Members of the Victorian Parliament owe it to the Day family to support these long overdue reforms and wipe public drunkenness laws from the statute books. The current laws are discriminatory and have led to people dying in police custody. If somebody is too drunk, they should be taken home or somewhere safe - they should not be locked up behind bars.”

Circumstances of Tanya Day’s death:

Tanya Day was a proud Yorta Yorta woman and much-loved sister, mother, grandmother and advocate.

In December 2017, Tanya fell asleep on a V/Line train on her way to Melbourne. Despite causing no disturbance, she was arrested for being drunk in a public place in circumstances where the Coroner found that the police should have taken her to hospital or sought urgent medical advice.

While locked up in a concrete police cell at the Castlemaine police station, Tanya fell and hit her head on the wall of the cell. The Coroner found that the checks the police officers conducted on Tanya while she was in the cell were inadequate and that the police officers had failed to take proper care for Tanya’s safety, security, health and welfare as required by the Victoria Police guidelines.

The Coroner found that Tanya’s death was preventable and had the checks been conducted by the police in accordance with the relevant requirements, Tanya’s deterioration may well have been identified and treated appropriately earlier.

The Coroner recommended that public drunkenness laws be repealed.

A copy of the Coroner’s findings in the inquest into Tanya Day’s death in police custody is available on the Coroners Court website here.

A copy of the Expert Reference Group’s report – Seeing the Clear Light of Day – is available on the Department of Justice and Community Safety’s website here.