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ARTICLE · 24 FEBRUARY 2021

Victoria decriminalises public drunkenness

Decriminalising public drunkenness was a recommendation of the Royal Commission into Indigenous Deaths in Custody.

AustraliaCriminal Law

Three years after the death of Yorta Yorta woman, Tanya Day, who was arrested for public drunkenness and suffered a fatal fall in a police cell at Castlemaine Police Station, Victoria has finally passed legislation to decriminalise public drunkenness.

The family of Tanya Day has campaigned tirelessly to reform the law, which has disproportionately affected Indigenous Australians over decades.

Decriminalising public drunkenness was in fact, one of the recommendations of the Royal Commission into Indigenous Deaths in Custody 30 years ago.

A health issue, not a crime

The new Victorian law will come into effect at the end of next year and will treat public drunkenness as a public health issue, not a crime.

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