Hansard debates

Ms HENNESSY (Altona—Attorney-General) (11:07): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

Today is a historic day for Victoria, as the government fulfils its commitment to decriminalise public drunkenness. People who are drunk in public need support, not punishment. Abolishing the offence of public drunkenness was one of the key recommendations of the Royal Commission into Aboriginal Deaths in Custody in 1991. Until now, Victoria was one of only two states that had not yet done so, with Aboriginal Victorians still disproportionally affected by the offence.

The tragic death in custody of Tanya Day, a proud Yorta Yorta woman, nearly three years ago reignited calls for the decriminalisation of public drunkenness in Victoria from Aboriginal communities and the broader public. This call was echoed in the key recommendation of the Deputy State Coroner in the Inquest into the death of Ms Day, who in turn reiterated recommendations from numerous other independent bodies. This Bill responds to those calls by repealing the public drunkenness offences in the Summary Offences Act 1966 and related powers of arrest, as well making consequential amendments to the Liquor Control Reform Act 1998 and the Bail Act 1977. It reflects the fundamental premise that no one should be placed in a police cell just for being drunk in public.

This Bill is an important milestone along a journey which acknowledges the failures of the past and the Government’s commitment to move to a better, safer future. At its core, this long-overdue reform will change the way we think about and respond to public drunkenness—moving the response away from law enforcement to an approach that focuses on health and safety. I acknowledge the tireless work of Aboriginal leaders, communities, families and organisations throughout the years who have long advocated for this change.

These offences have passed their use-by date, and belong in the distant past, where alcohol abuse was treated as a moral failing not a health issue. Nowhere is this clearer than in one of the offences removed by this Bill, that of being drunk while in charge of a carriage, a horse, cattle or a steam engine. Laws like this are relics of a less enlightened time, and it’s time we traded them in for a modern, safe, health-based approach.

We know that repealing the offences, while a crucial first step, is not enough on its own. The Royal Commission into Aboriginal Deaths in Custody, and other reviews since, have stressed the importance of alternative non-custodial systems, laws and services for people who are intoxicated in public. However, the Government strongly believes that legislation now is essential to solidify our commitment to reform, and to provide government entities and the community with the certainty they need to move towards the alternative model. This reform is too important to delay—by setting a clear date by which the new public health response must be in place, we are finally establishing a pathway that so many have waited too long to come into view.

We also know that people who are homeless and from particular culturally and linguistically diverse communities are, for various reasons, overrepresented in their contact with law enforcement on public drunkenness offences. This is why, when we announced the government’s reform commitment in August 2019, we also committed to putting in place a holistic public health response.

Last year, I appointed an Expert Reference Group to provide advice to government on the design and implementation of a holistic health model to protect the safety and wellbeing of individuals who are intoxicated in public. The Group comprised: Jack Blayney, Helen Kennedy, Tony Nicholson and Nerita Waight, each a leader in their field.

The Expert Reference Group members combined their considerable expertise with extensive consultation with stakeholders across Victoria which culminated in their report, delivered to government in August this year. The report, “Seeing the Clear Light of Day”, was named in recognition of Ms Day and with approval from her family.

The comprehensive report found that the current response to public drunkenness is “unsafe, unnecessary and inconsistent with current community standards”. Repeal of public drunkenness offences features among the 86 recommendations, along with a range of other measures and considerations for the development and implementation of a holistic public health model.

I wish to acknowledge and thank the Expert Reference Group for their commitment and invaluable contribution to this important reform.

As we work through the recommendations to develop and implement the public health model envisaged by the Expert Reference Group and give effect to their intent, further legislation may be developed to help support the model. This Bill will take effect in November 2022, substantially in line with the Expert Reference Group’s recommended 24-month implementation period for the public health model. The Expert Reference Group stressed the importance of this transition period to effectively design, trial and implement a health model across the state by the time decriminalisation takes effect. We will work with the Aboriginal community and other stakeholders during this period to ensure the reforms succeed in creating a culturally responsive system for all Victorians.

With this Bill, we pave the way for people who are drunk in public to be safe and able to access appropriate care and support for their health and wellbeing, while at the same time protecting the safety of all Victorians.

Bill details

The Summary Offences Amendment (Decriminalisation of Public Drunkenness) Bill 2020 will repeal public drunkenness offences in the Summary Offences Act 1966 and make consequential amendments to the Bail Act 1977 and the Liquor Control Reform Act 1998.

Turning to its structure:

Part 1 of the Bill sets out the purpose and commencement of the Bill. The Bill will come into effect in November 2022. The public health model to respond to people who are intoxicated in public is scheduled to be established and operating throughout Victoria.

The government acknowledges that, while the reforms are indeed overdue, the Expert Reference Group was right to guard against the risk of decriminalising public drunkenness in the absence of a fully operational alternative public health model. However, we believe that legislation to repeal the offences must be passed now, to establish a stake in the ground for reform. The legislation will provide certainty and clear expectations to service providers regarding when the public health model is to be in place.

Part 2 of the Bill provides the amendments to the Summary Offences Act 1966 (the Act) in which the public drunkenness offences are articulated.

The Bill will repeal the public drunkenness offences in sections 13, 14 and 16 of the Act.

It will no longer be an offence for a person to be drunk in a public place (section 13 of the Act). I note that this offence made up 88 per cent of all public drunkenness offences recorded by police between 2014 and 2019.

Similarly, it will no longer be an offence to be drunk and disorderly in a public place, as outlined in section 14 of the Act.

The Bill also repeals section 16 which sets out two offences.

Section 16(a) makes it an offence for any person, while drunk, to behave in a riotous or disorderly manner in a public place.

Section 16(b) makes it an offence for any person in a public place to be drunk in charge of a carriage (not including a motor vehicle within the meaning of the Road Safety Act 1986) or a horse or cattle or a steam engine. Although this somewhat outdated provision may apply to a person riding a bicycle, the government considers it is appropriate that any potential reduction in road safety arising from its repeal is addressed in relevant provisions for road safety. The Department of Transport will lead any necessary policy development work in this respect, in collaboration with the Department of Justice and Community Safety and Victoria Police prior to repeal taking effect.

The Bill also repeals section 15 of the Act, which outlines powers of arrest for both police officers and protective services officers (PSOs) for the offences of being drunk in a public place, or drunk and disorderly in a public place (at sections 13 and 14 of the Act respectively). This section is removed as a consequence of the repeal of those offences, as following their removal the arrest power has no work to do.

Consequential amendments will also be made to the Act to remove the associated powers for police officers and PSOs to issue infringements for being drunk in a public place or being drunk and disorderly in a public place under sections 13 and 14 of the Act (respectively).

Data from the Crime Statistics Agency reveals that such fines are issued by police in almost all cases.

Part 3 of the Bill makes consequential amendments to other Acts as a result of the public drunkenness offences being repealed, namely the Bail Act 1977 and the Liquor Control Reform Act 1998.

The offences of drunk and disorderly in a public place and behaving in a riotous or disorderly manner in a public place while drunk under sections 14 and 16 of the Summary Offences Act 1996 will be removed from the list of ‘specified offences’ under Schedule 2 of the Liquor Control Reform Act 1998. This will impact the provisions in Part 8A of that Act, meaning that police will no longer be able to issue a notice banning a person from a designated area or all licensed premises therein for up to 72 hours (banning notice) based on those offences. Where police have issued banning notices for public drunkenness offences, the majority are on the basis of the offence of ‘drunk and disorderly in a public place’ (section 14 of the Summary Offences Act 1966).

Similarly, although they are rarely made, the Magistrates’ Court will no longer be able to make an exclusion order for a person who is found guilty of the relevant public drunkenness offences, thereby excluding them from a designated area, or some or all licensed premises within that area for up to 12 months.

A further consequence of repeal will be that the provisions of the Bail Act 1977 which enable police to release a person from custody on payment of a deposit of $50 or less as security for the payment of any penalty that may be imposed as punishment, will no longer apply to public drunkenness offences, given the repeal of these offences.

Part 4 provides a formal repeal date given its status as an amending Bill.

Conclusion

Introducing this Bill formally recognises that public drunkenness should be treated as a health issue, not a law enforcement issue. Repealing public drunkenness offences is a critical first step to ensure people who are drunk in public are not locked up in a police cell, but are supported to access the care and services they need, thereby enhancing the health and wellbeing of the drunk person and the safety of the community as a whole. It brings Victoria a step closer to finally making these critical recommendations of the Royal Commission into Aboriginal Deaths in Custody a reality.

I commend the Bill to the house.