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84
Negotiation of issues related to public drinking
That issues related to public drinking should be the subject of negotiation between police, local government bodies and representative Aboriginal organisations, including Aboriginal Legal Services, with a view to producing a generally acceptable plan.
In several regions, RAJAC membership already includes representatives from Victoria Police, Aboriginal organisations (including legal services) and local government so issues related to public drinking could be discussed or negotiated through those meetings.
Aboriginal Justice Caucus Assessment
The intent of recommendation 84 is for issues related to drinking alcohol in public to be negotiated with police, local governments and Aboriginal organisations.
Victoria Police noted their implementation of the Neighbourhood Policing Model (NHP) which is designed to address local needs and focus on crime prevention. Through this model, there is the potential for issues related to public drinking to be negotiated between police, local governments, and community organisations, which could include Aboriginal community organisations, however the model is not specifically tailored to Aboriginal communities. We were not provided with any examples of negotiations of this type occurring in practice.
To support the NHP, a Community Issues Register has been introduced to capture, track, and report on Victoria Police’s responses to community concerns. Police are tasked with addressing these issues or collaborating with community safety partner organisations when the issues are more complex. They do this by forming a Local Safety Committee in each Police Service Area, bringing together community groups, government representatives, and business stakeholders. Each committee develops a Local Safety Plan based on the concerns raised by the community.
There is a significant lack of Aboriginal voices in these committees. There were few examples of any Aboriginal organisations being invited to speak at these forums to discuss community concerns. None of our Regional Aboriginal Justice Advisory Committee (RAJAC) Chairpersons could recall issues related to public drinking being discussed or negotiated through these committees.
They keep talking to us about self-determination, well they're not giving us any opportunities... When are we going to call these people out and get them to come and see us? Sit with us at the table and listen to us. (Jemmes Handy, Chairperson, Loddon Mallee RAJAC)
Despite the aim of the NHP to include Aboriginal communities in negotiations around local issues, including public drinking, actions taken to date do not align with the intent of this recommendation and there is little evidence of the desired outcome - issues related to public drinking being negotiated between police, local governments and Aboriginal organisations.
Recommendation 84 remains relevant. In several regions, RAJAC membership already includes representatives from Victoria Police, Aboriginal organisations (including legal services) and local government so issues related to public drinking could be discussed or negotiated through those meetings.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Proactive engagement by local government in Regional Aboriginal Justice Advisory Committees
Encourage more proactive involvement by local governments in RAJACs to enable issues— including those relating to public drinking— to be discussed, negotiated, and addressed collaboratively with police and Aboriginal communities.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) emphasised the need for issues related to public drinking to be negotiated between police, local government bodies, and representative Aboriginal organisations, including Aboriginal legal services. The Commission highlighted the importance of monitoring the effects of decriminalisation and new forms of regulation of public drinking to ensure they do not lead to increased detentions or discriminatory practices against Aboriginal people.
Actions Taken Since Last Review
Liquor Control Victoria
Their 2023 response considered this recommendation fully implemented.
Victoria Police
In June 2023, Victoria Police assessed this recommendation as partially implemented stating that its acquittal required coordination by the Department of Justice and Community Safety, in collaboration with the Minister for Local Government.
Victoria Police noted the following:
Enforcement
Police officers can only enforce council by-laws if they are authorised officers, which is not the case for every council. Enforcement of drinking in public spaces sits in the remit of local government via the creation of by-laws. This is a matter for local government consideration.
Neighbourhood Policing Model
Negotiation on public drinking issues occurs through Victoria Police’s Neighbourhood Policing Model (NHP), which supports community-based crime prevention and public safety. NHP uses tools such as the Community Issues Register to track and respond to community concerns, with police addressing issues directly or in partnership with other organisations where needed. Local Safety Committees are established in each Police Service Area, bringing together police, local government, community, and business stakeholders to develop Local Safety Plans focused on prevention through both policing and non-policing activities. NHP is a place-based model led by the Local Area Commander and emphasises community engagement, structured problem-solving, collaboration with government and community organisations including Aboriginal groups, and appropriate responses.
Neighbourhood policing builds trust and confidence with community through Victoria Police:
- being highly visible and accessible
- prioritising collaboration by working with community and partner agencies
- developing effective responses that meet local needs
- strengthening our focus on crime prevention
- adopting a problem-solving approach to community safety issues.
Impact
Outputs
Victoria Police
The Victoria Police Neighbourhood Policing Model supports negotiation between police, local governments and community organisations on community safety matters which can include those related to consumption of alcohol in public. The NHP model aims to build trust with communities through discussions of local needs and agreed responses.
Outcomes
While issues related to public drinking could be negotiated between police, local governments and Aboriginal organisations under the Neighbourhood Policing Model, there is little evidence of this occurring.
Community Views
Regional Aboriginal Justice Advisory Committee
Regional Aboriginal Justice Advisory Committees
None of the nine Regional Aboriginal Justice Advisory Committee (RAJAC) Chairpersons could recall issues related to public drinking being discussed or negotiated through their committees, or neighbourhood policing in their areas:
They keep talking to us about self-determination, well they're not giving us any opportunities... When are we going to call these people out and get them to come and see us? Sit with us at the table and listen to us. (Jemmes Handy, Chairperson, Loddon Mallee RAJAC)