Cunneen, Chris --- "Update: Decriminalising Public Drunkenness in Victoria" [1989] AboriginalLawB 57; (1989) 1(41) Aboriginal Law Bulletin 2

• Update: Decriminalising Public Drunkenness In Victoria

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Update:

Decriminalising Public Drunkenness in Victoria

by Chris Cunneen

The Victorian Law Reform Commission has released its Report on Public Drunkenness. The report arose out of the Royal Commission into Aboriginal Deaths in Custody Interim Report which recommended that drunkenness be decriminalised in those jurisdictions where it is still an offence. In Victoria public drunkenness is criminalised under sections 13-15 of the Summary Offences Act 1966.

The Law Reform Commission's model for decriminalisation follows features of the New South Wales and South Australian legislation. There are eight recommendations, which include the repeal of relevant sections under existing legislation, and the power to apprehend and remove persons under the influence of alcohol or any drug when such persons are at significant risk due to their inability to look after themselves or are behaving in a manner likely to cause injury to others or damage to property. The proposed maximum length of detention is eight hours and includes the right to a phone call and visit by a person nominated by the detainee.

Detention in police cells is recommended as a last resort and only if a return to home, placement in the care of a responsible person or placement in a sobering-up unit is impracticable. Recommendations relating specifically to Aboriginal persons include the establishment of sobering-up units for Aborigines; notification by police to the ALS and other relevant Aboriginal organisations of the detention of any Aborigine for public intoxication; and the use of police cells for the detention of Aborigines only when `other arrangements are completely impracticable'.

The draft bill proposed by the Commission covers the recommendations set out above and, in addition, sets out the right of police officers and authorised persons to use reasonable force to restrain an intoxicated person, the right to search the detainee, and immunity from civil liability if acting in good faith.