Public Intoxication Decriminalised in Victoria

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Public Intoxication

Can I be arrested for public intoxication?

It is no longer a criminal offence in Victoria to be intoxicated (affected by alcohol) in public.

Police cannot arrest or detain you for this offence. They do not have any new powers to respond to people who are intoxicated in public.

In the past, being intoxicated in public was a criminal offence. If you were drunk in public or being drunk and disorderly in public, police could arrest and detain you.

VALS does not use the terms “drunk” and “drunks” as these terms reinforce racist stereotypes about Aboriginal and/or Torres Strait Islander People. We prefer to use public intoxication, which means that someone is affected by alcohol in public.

Why is public intoxication being decriminalised?

Being affected by alcohol in public is a health issue which requires a health response. Treating public intoxication as a criminal issue means that people are not getting the support they need.

For decades, the offence of public intoxication has been applied in a discriminatory way to target and criminalise Aboriginal people.

In December 2017, much-loved mother, grandmother, sister and proud Yorta Yorta woman, Aunty Tanya Day, passed away after falling and hitting her head in a police cell in Castlemaine, Victoria. Ms. Day was locked in the police cell for being intoxicated in a public place after falling asleep on a train.

Thanks to the advocacy of the Day family, the Government committed to decriminalise public intoxication and replace it with a health response in 2019. Three years later, the law is finally changing.

This reform is long overdue. Decriminalising public intoxication was first recommended by the Royal Commission into Aboriginal Deaths in Custody over thirty years ago.

Health Services

What health services are available?

If you are affected by alcohol in public, you may be able to access support through the following health services:

Outreach workers: can help you contact a friend of family member, organise transport to get home safely, or help you find another safe place to sober up.
Sobering centres: a place where you can safely sober up.
On-demand places of safety: a place where you can safely sober up under the supervision of outreach workers.
Referrals and information: staff at sobering centres and outreach staff can provide you with information and referrals to other services.

These services are currently being set up in metro and regional Victoria. See the website of the Department of Health for more information.

What can outreach workers do?

If you affected by alcohol in public, an outreach worker may ask if you want help.

They can only support you if you agree. You do not have to agree to everything. For example, you may accept food and water, but not agree to any other support. You can change your mind at any time.

Outreach workers can:

Ask you for information about yourself
Check if you are ok
Provide first aid
Give you food and water
Help you to contact a friend or family member
Stay with you until you are picked up
Organise transport for you to go home
Help you to access a sobering centre
Help you to find another place where you can sober up.

Outreach workers will operate in metro Melbourne and regional Victoria, including in Ballarat, Bendigo, East Gippsland, Geelong, Latrobe, Mildura, Swan Hill and Shepparton.

More information will be available on the Department of Health website when these services are available.

What are sobering centres?

If you are affected by alcohol in public in metropolitan Melbourne, you can go to a sobering centre. You can go to the centre yourself or an outreach worker can help you get there.

It is your choice to go to a sobering centre. You cannot be forced to go there. If you change your mind, you can leave.

The Government is currently setting up two sobering centres in Melbourne: one in St Kilda and one in Collingwood. More information will be available on the Department of Health website when these services are open.

There are no sobering centres in regional Victoria. If you are affected by alcohol in public in regional Victoria, you may be able to access support from an outreach worker (see above).

What will happen at a sobering centre?

Staff will ask you questions about yourself, including if you agree to support.

If you have any alcohol, weapons or illegal drugs, you will need to hand these in to be allowed into the centre.

You will be able to sleep, shower, have a snack and do laundry.

Staff will monitor you while you are there. They may do basic first aid. They may talk to you about follow up services, such as alcohol and other drug services.

Workers may call an ambulance if they think you need medical support. If a worker is concerned that you are a risk to others, they may also call police.

Do I have to accept help?

If you affected by alcohol in public, an outreach worker, transport operator or police officer may offer you help.

They can only support you if you agree. You do not have to agree to everything and you can change your mind at any time.

What if I am unconscious?

If you are unconscious, you need emergency care from an ambulance.

If you are with someone who is unconscious, call an ambulance on triple 000.

Police

What can police do?

If you are affected by alcohol in public, and there are no outreach workers available, police may approach you and ask if you need help.

They can only support you if you agree. You do not have to agree to everything. You can change your mind at any time.

If there are no outreach workers available, police can:

Ask you for information about yourself
Check if you are ok
Help you to contact a friend or family member
Stay with you until you are picked up
Organise transport for you to go home
Help you to access a sobering centre
Help you to find another place where you can sober up.

If you are approached by police and you would prefer to speak to someone else, you can ask police to contact an outreach worker.

If you feel threatened or hassled by police, you should ask them to leave you alone. Police do not have new powers to respond to people who are intoxicated in public.

Can police provide transport?

In limited circumstances, police may offer to transport you to your home, the home of a friend of family member, or another safe place to sober up.

Police can only provide transport if:

You agree to the transport
An outreach worker or sobering centre is not available to come within a reasonable time
There is an immediate or imminent risk to your health.

If you agree to police transport, and then change your mind during through the journey, police must stop and let you out of the vehicle at the earliest and safest opportunity.

Are police being given any new powers?

Police do not have protective custody powers for people who are affected by alcohol in public. They cannot arrest or detain you for your own protection or the protection of others.

Can I be arrested if I am affected by alcohol in public and commit a criminal offence?

If you are affected by alcohol in public and commit a criminal offence, you may be arrested, or issued with a summons or notice to appear at court on a certain date.

If you are arrested or issued with a summons or notice to appear, you should speak to a lawyer. If you are Aboriginal and/or Torres Strait Islander and are in custody, you can get help through VALS’ Custody Notification Service.

Police should not use other powers to criminalise people who are affected by alcohol in public. This includes move on powers, or arresting the person for alternative public order offences such as obscene language or disorderly conduct.

Children and young people

What if I am under 18 years old?

If you are under 18 years of age, you can be supported by an outreach worker if one is available. If there are no outreach workers available, you may also be approached by police.

Outreach workers and police officers can only support you if you agree. You do not have to agree to everything. You can change your mind at any time.

Outreach workers and police can:

Ask you for information about yourself
Check if you are ok
Provide first aid
Give you food and water
Help you to contact your parents, carer, family member or an adult friend
Stay with you until you are picked up
Organise transport for you to go home, or to the home of a friend of family member.

If you are not able to go home or to the home of a friend or family member, you may go to a sobering centre or on-demand place of safety, so long as certain conditions are met.

If you are approached by police and you would prefer to speak to someone else, you can ask police to contact an outreach worker. If you feel threatened or hassled by police, you should ask them to leave you alone.

See the website of the Department of Health for more information on services for children and young people.

What if I am in out of home care?

If you in out of home care, the outreach worker can help you to contact your carer and/or the Department of Families, Fairness and Housing (DFFH). If you live in a residential care facility, the outreach worker can contact the facility and help to organise transport for you.

If an outreach worker is not available, police can also help you to contact your carer and/or DFFH.

Local Laws

Is it still an offence to drink in public?

Although it is no longer an offence to be intoxicated (affected by alcohol) in public, Local Council laws on drinking in public have not changed.

Local drinking laws are different in each Local Council area across Victoria. Generally, it is prohibited to drink alcohol in public in certain areas and at certain times.

For more information, contact your Local Council.

Complaints

How can make a complaint?

If you are unhappy about the way you were treated by an outreach worker, staff at a sobering centre, a paramedic, you can make a complaint.

If you would like to make a complaint about police, you should talk to a lawyer. You can contact VALS on 1800 064 865.

Where can I get more information?

The Department of Health’s public intoxication reform webpage has more information.