​​​​​In this episode of Done By Law we discuss the decriminalisation of public intoxication legislation in Victoria and the implementation of the new alternative health-based response.

First recommended by the Royal Commission into Aboriginal Deaths in Custody over 30 years ago, being intoxicated in public was finally decriminalised in Victoria on 7 November 2023. A key driver of this historic and long overdue reform was the tireless advocacy by the family of proud Yorta Yorta woman Aunty Tanya Day, who tragically died after being detained by police as a result of public intoxication laws in December 2017.

Following the Coroner’s findings on 9 April 2020, the government’s appointment of an Expert Reference Group, who reported to the Attorney-General with extensive recommendations in August 2020, and further effective advocacy by Aunty Tanya Day’s family and others, on 8 December 2020 the Victorian government introduced into parliament laws decriminalising public intoxication. Those laws came into effect on 7 November 2023.

With the decriminalisation of public intoxication, the Victorian government has decided not to grant police any new powers to arrest or lock people up in police cells once public intoxication is decriminalised, and is instead implementing a new public health based response.

We’re privileged to have Apryl Day, daughter of Aunty Tanya Day, joining us on the show today to discuss the decriminalisation of public intoxication and implementation to date of this health-based response.