Police will be stripped of the power to arrest drunk people in Victoria as part of a new law that some officers have called ‘insane’.
The controversial changes to public intoxication laws take effect on November 7, as the state prepares for Melbourne Cup Day.
Drunk Victorians will be taken home or taken to sobering centers instead of police cells under the new system led by health workers.
Some within the police force have criticized 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 the move could add to the pressure.
Victorian police will be stripped of their powers to arrest drunk people from November 7, Melbourne Cup Day (pictured, 2021 Melbourne Cup revelers)
The move to abolish public intoxication laws across Victoria on Melbourne Cup day has been labeled ‘insane’ by some officers (pictured, 2022 Melbourne Cup celebration)
The decision to abolish the laws was recommended by a panel set up by the state government following the death of Yorta Yorta woman, Tanya Day, in police custody in 2017.
Ms Day, who was 55, died after suffering a serious head injury in a police cell.
In January, the Andrews government announced it would not give police new powers to arrest people for public drunkenness once the existing offense is decriminalized in November.
It is understood Victoria Police have taken independent legal advice on the forthcoming changes Announce sun reported.
Tender documents released this week for potential providers of a new health service to tackle public intoxication have been told to expect at least 500 cases a month.
The figure is nearly double the number of people arrested in Victoria last year for drunken and disorderly conduct.
Data from Victoria’s Crime Statistics Agency shows that there were 3,181 offenses of public intoxication recorded in the state in the year ending June 2022.
Under the influence of the new system, drunk Victorians will be taken home or taken to sobering centers instead of police cells (pictured shows the crowd exiting the Melbourne Cup)
In January, the Victorian government announced it would not give police new powers to arrest people for being drunk in public (pictured, Melbourne Cup day in 2018)
Sergeant Gatt said he was concerned that police would continue to be expected to provide significant support when frontline health workers were unavailable.
He said police could be forced to act as “secondary responders,” which could distract them from critical front-line duties.
When asked about the laws coming into effect on Melbourne Cup day, he said: ‘What we don’t want on the first day of this legislation being introduced is our members dealing with hundreds of extra calls and then having to find the resources to act as ‘second responders’ rather than there being no adequate first responders.
“It’s up to the government to explain how this is going to work – and time is ticking.”
Sergeant Gatt said it was not yet clear how the government planned to roll out the new program without police involvement.
“The scope of the tender clearly does not cover the entire state and the financial costs will be enormous,” he said.
“All this at a time when the government is reportedly struggling to balance its budget.”
In the year ending June 2022, 3,181 offenses of public intoxication were recorded across Victoria (pictured, Melbourne Cup revelers in 2020)
Tender documents indicate that the service provider will be responsible for responding to reports of public intoxication and providing immediate support, transportation, monitoring and short-term care, follow-up and referrals.
It will only be necessary to answer 80 percent of calls within 15 minutes to meet the KPIs.
Outreach and ‘place of security’ services will be set up for Aboriginal people in 10 areas, while another service for the wider population will run across Melbourne.
The outreach services will work with local health and social support services to help people access follow-up or ongoing support.
Shadow Attorney General Michael O’Brien said the Victorian prime minister wanted ‘police to do their job with one hand tied behind their back’.
Victoria and Queensland are the only jurisdictions in Australia that still have a specific offense for public intoxication, which the Royal Commission on Aboriginal Deaths in Custody found in 1991 had disproportionately affected Indigenous people, and recommended that it be abolished.