Decriminalisation of public drunkenness welcome, but long overdue

The Andrews Government will today introduce long overdue reforms to decriminalise public drunkenness into the Victorian Parliament. The Andrews Government committed to repealing public drunkenness laws at the outset of the inquest into the death in police custody of Yorta Yorta woman, Tanya Day, who was arrested for being drunk in a public place three years ago.

Last year, an Expert Reference Group consisting of peak Aboriginal health and legal organisations, as well as 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 the expert group, the reforms will come into effect in two years to provide time for a transition away from the current criminal law-based response to public drunkenness to a health-based one.

Victoria is one of only two states in Australia yet to act on the recommendation of the Royal Commission into Aboriginal Deaths in Custody and decriminalise public drunkenness.

In response to the Andrews Government introducing the reforms into the Victorian Parliament today, the Day family said:

“This is a historic but long overdue day for Aboriginal people in Victoria. The Andrews Government is doing the right thing by introducing reforms that will finally decriminalise public drunkenness, but it’s also a day tinged with much grief and sadness for our family.

“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and discriminatory, and that’s why the Royal Commission into Aboriginal Deaths in Custody recommended that they be repealed 30 years ago. If these racist laws were abolished three decades ago, our mum would still be alive today. This is devastating to us, and that’s why this reform cannot wait any longer. That’s why we are calling on all members of the Victorian Parliament to support this reform.

“This reform cannot happen soon enough. It keeps us awake at night knowing that the police will still have powers for the next two years to lock up people like our mum. As our mum’s case shows, police cells are unsafe places. No person should ever be locked up just for being drunk in public. The only way to make sure this doesn’t happen is for Victoria Police to now act in the spirit of the laws so that no other Aboriginal person dies in custody during this two year wait.

“There can be no further delay. It’s frustrating that these reforms are already 30 years overdue and that the Coroner in mum’s inquest foreshadowed her recommendation that the Victorian Government abolish the offence of public drunkenness two years ago. 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.

“Police shouldn’t play any role in the public health response, given that whenever police have discretionary powers it opens the way for discriminatory policing, too often experienced by Aboriginal people like our mum. The Andrews Government must work with Aboriginal communities so that there is a full transition away from the current criminal law approach to a genuine public health one. Aboriginal-led oversight of this process is crucial.

“Almost three years ago to the day, our mum was arrested and locked up for falling asleep on a train. Instead of being taken to the hospital or another safe place, the police put her in a cell. The police didn't check on her properly and didn’t take proper care of her safety. Our mum fell and hit her head on the concrete wall of the police cell. She died 17 days later.

“We know that our mum was locked up because she was targeted for being an Aboriginal woman. At the time our mum was arrested, Aboriginal women were close to 11 times more likely to be targeted by police for being drunk in public than non-Indigenous women.”

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

“The Andrews Government is doing the right thing wiping public drunkenness laws from the statute books. The current laws are dangerous, have led to people dying in custody and have been used by police in a discriminatory and harmful way. If somebody is too drunk, they should be taken home or somewhere safe - they should not be locked up behind bars.

“The Andrews Government’s commitment to reform is testament to the tireless advocacy of the Day family in seeking justice for their mum. Members of the Victorian Parliament now owe it to the Day family to support these straightforward reforms that are 30 years overdue.”

Circumstances of Tanya Day’s death:

Tanya 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.