We strongly help and endorse the Victorian Government’s choice to implement a health-based based mostly response to public intoxication.

The decriminalisation of public intoxication will take impact from November this 12 months, following sturdy advocacy from Aboriginal community-controlled organisations and the household of Yorta Yorta lady Tanya Day.

The Attorney-General has confirmed that the Government will not introduce additional coercive powers to reply to public intoxication as soon as it’s decriminalised.

‘This welcome decision sets the foundation for a genuine health-based response to public intoxication, which should be responded to as a health issue, not as a crime or in the justice system,’ stated Alice Cashen, Acting Executive Director, Criminal Law at Victoria Legal Aid.

‘The need for this change is clear. Since the Royal Commission into Aboriginal Deaths in Custody in 1989, multiple inquiries and investigations have recommended the repeal of criminal offences of public intoxication.’

‘From our practice experience across the state of Victoria, we know the criminalisation of public intoxication has had a direct and harmful effect on First Nations peoples in Victoria.’

‘Moving to a health-based response will help to reduce the risk of deaths in custody and the disproportionate impact of this offence on First Nations peoples and other marginalised communities,’ stated Alice.

We acknowledge the management of Ms Day’s household in advocating for this alteration, following the passing of Aunty Tanya in December 2017.

Self-determination and dealing with First Nations organisations and communities have to be on the centre of the well being response’s design.

We stay up for the subsequent stage of creating these reforms. We will proceed to work with the Government, and our companions on the Victorian Aboriginal Legal Service and Human Rights Law Centre on the design of the brand new system to start in November.

More info

Read a statement from Aunty Tanya Day’s family, the Victorian Aboriginal Legal Service, Human Rights Law Centre and Dhadjowa Foundation.

Read about our evidence to the Yoorrook Justice Commission on the necessity for prison justice system transformation.