As of 7 November 2023, it is no longer a criminal offence to be intoxicated in public in Victoria due to the move to decriminalise public drunkenness. The removal of the offence has been strongly urged by the Royal Commission into Aboriginal deaths in Custody, due to its disproportionate impact on Aboriginal and Torres Strait Islander communities.

A health-based model

The reform of the Summary Offences Amendment Act 2021 responds to public intoxication in Victoria via a health-based approach instead of a legal based one, where people identified as intoxicated and in need of assistance will have access to services such as safe spaces where they can recover and receive the support needed. Sobering centres can provide beds, food, water, a shower, and laundry service.

A person is eligible to access the service if they:

Are intoxicated in public;
Are within the service region;
Do not have urgent health needs that require an emergency response;
Consent to receive the service/s;
Do not pose a serious and imminent safety risk to themselves or other individuals.

However, workers at the sobering centres can call an ambulance if they decide that medical attention is needed. On the other hand, the option of calling the police is also available if there is a perceived serious risk of harm to the intoxicated person or others, and the workers failed to defuse the situation.

Police Involvement

In assessing the risk, the guidelines provide that the police should consider whether there is a foreseeable risk to the person, the health o safety of another person, community safety or property. If this is satisfied, the police can then be involved by:

Placing the intoxicated person in the care of family, a carer, or a friend;
Contacting workers about referring the intoxicated person to a sobering center or on-demand place of safety;
Transporting the intoxicated person to a place of safety with the consent of the person involved.

It should also be noted that police officers can also leave the intoxicated person where they are if help is refused or if transport is on its way. Law enforcement can only detain an intoxicated individual if they commit on offense, rather than solely for being under the influence of alcohol in public.

What this means for the Victorian public

By emphasising a health-based approach to public intoxication that prioritises support rather than enforcement, the Victorian government has demonstrated a strong commitment to community safety and well-being. This shift of perceptions of public intoxication from a criminal issue to a health issue ensures that the public, particularly the marginalised communities, will no longer experience unnecessary trauma from an enforcement-based approach, and will instead be treated with care and respect.

Verge Legal provides legal advice in all states in Australia, contact us today if you need assistance.

This blog post provides general information and is not intended as legal advice. It may not be complete or up-to-date. For specific legal advice, please consult a qualified lawyer.