The Victorian Parliament has passed legislation to decriminalise public drunkenness, in a move triggered by the death of Yorta Yorta woman Tanya Day in 2017.
Key points:
- The bill means public drunkenness will be treated as a medical issue, not a crime
- Tanya Day’s daughter Apryl said it was a positive change that came too late to save her mother
- She said police should not be involved in any medical response in cases of public drunkenness in future
Ms Day, 55, was asleep on a V/Line train in 2017 before she was arrested and taken to the Castlemaine police station.
She was left unattended in a holding cell where she fell and hit her head at least five times, causing traumatic brain injuries which led to her death.
A Victorian coroner found “an indictable offence may have been committed” by the police officers, who she said had failed to adequately check on Ms Day’s safety, security, health and welfare.
The Victorian Government had promised to decriminalise public drunkenness, in line with a key recommendation of the Royal Commission into Aboriginal Deaths in Custody almost 30 years ago.
“To think if this law had been decriminalised when the royal commission had first recommended it, our mum could still be here today,” said Ms Day’s daughter Apryl.
Positive change to keep people safe
Under the legislation, being drunk in a public place will be treated as a medical issue, not a criminal offence. It will come into effect on November 7, 2022.
Apryl Watson said it was crucial police were not involved in the public health response to public drunkenness.
“Any time police have been involved and have powers, they’ve used them to target and discriminate against Aboriginal people,” she said.
“What comes with that is the rising number of Aboriginal deaths in custody. So it’s crucial they play no part in it.”
She thanked those who helped get the law changed.
Premier Daniel Andrews said: “We have seen some terrible outcomes and the families of those people that have died for instance are very much in our thoughts today.”
Law discriminates against the vulnerable
Labor’s first state Aboriginal MP, Sheena Watt, spoke passionately about Ms Day and others who also died in police custody.
“Our hearts should hurt that Aunty Tanya was the niece of a man that also died in custody,” she said.
“The data tells us that the criminalisation of public drunkenness discriminates against vulnerable people, especially Aboriginal and Torres Strait Islander peoples, Sudanese and South Sudanese communities, people experiencing homelessness and substance abuse, and people experiencing mental health issues.”
Opposition leader Michael O’Brien voted against the laws and said the government had “put the cart before the horse”.
“They haven’t said we are going to give police more powers or provide extra resources for a health response,” Mr O’Brien said.
“We want to see a wrap-around response and the government hasn’t provided that.”
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