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This is a RCIADIC recommendation
85
Police Services monitor effects of decriminalisation
That:
a) Police Services should monitor the effect of legislation which decriminalises drunkenness with a view to ensuring that people detained by police officers are not being detained in police cells when they should more appropriately have been taken to alternative places of care;
b) The effect of such legislation should be monitored to ensure that persons who would otherwise have been apprehended for drunkenness are not, instead, being arrested and charged with other minor offences. Such monitoring should also assess differences in police practices between urban and rural areas; and
c) The results of such monitoring of the implementation of the decriminalisation of drunkenness should be made public.
Victoria Police must not use alternative powers to undermine the reforms. It is critical that the Victorian Government monitors implementation of the reforms through public and transparent reporting on alternative police powers, including move on powers. (Nerita Waight, CEO)
Aboriginal Justice Caucus Assessment
The intent of Recommendation 85 was to monitor the effects of decriminalising public drunkenness to prevent discriminatory detention of Aboriginal people and ensure appropriate care for individuals.
The Department of Health with the Department of Justice and Community Safety developed a Monitoring and Evaluation Plan (MEP) to guide monitoring and evaluation projects following public intoxication reforms (PIR). Aboriginal stakeholder engagement was integral to the establishment of the MEP.
Monash University are independently evaluating the impacts of the reforms, particularly the use of alternative powers and offences by police members, as well as impacts on Aboriginal communities.
In addition, the Implementation Monitoring and Oversight Group (IMOG), will comprise several Aboriginal representatives and provide independent advice to the Minister for Mental Health on reform progress and performance, cultural safety, risks and issues. This advice will be shared with the Attorney-General and Minister for Police.
Victoria Police use the Public Drunkenness Reform App (PDRApp) to record information from their interactions with people who are intoxicated in public. This information is monitored as part of Victoria Police’ internal evaluation of the implementation and impacts of the reform.
The Aboriginal Justice Caucus (AJC) determined that these actions partially align with the intent of the recommendation, but do not completely address parts b) and c), which require differences in police practices between urban and regional areas to be assessed and monitoring data to be made publicly available.
Victoria Police must not use alternative powers to undermine the reforms. It is critical that the Victorian Government monitors implementation of the reforms through public and transparent reporting on alternative police powers, including move on powers. (Nerita Waight, CEO, VALS)
Issues of self-determination were also raised, with concerns about the quality and timeliness of data provided in response to AJC requests, and dependency on external bodies for progress updates on reforms.
The AJC are involved in the independent evaluation which is looking at the extent to which upcharging may be occurring along with a range of other potential justice impacts. The AJC also acknowledged that Victoria Police have begun providing data collected via the PDRApp to the Aboriginal Justice Forum.
Overall, the AJC considered there was evidence the actions taken were contributing to the desired outcomes.
Recommendation 85 remains highly relevant. Further work to monitor implementation of PIR through public and transparent reporting, including on use of alternative police powers and charges, would increase transparency and police accountability and could contribute to reducing incarceration.
Priority for Further Work:
High
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
Monitor implementation of public intoxication
Monitor implementation of public intoxication reforms through public and transparent reporting, including on use of alternative police powers and charges.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) emphasised the importance of monitoring the effects of legislation that decriminalises public drunkenness to ensure it does not result in the discriminatory detention of Aboriginal people. At the time, various reports indicated that government agencies and Aboriginal community organisations had given significant attention to the regulation of Aboriginal drinking. In Western Australia, for instance, a Sobering-Up Centre Research Advisory Group was established to assess the objectives of decriminalisation, including reducing police time on public drunkenness and decreasing the number of police lockups. The report stressed that these forms of regulation are carefully evaluated to prevent alternative charges from increasing custody rates and to ensure that people are not inappropriately detained in police cells instead of being taken to alternative care facilities. The Commissioners concluded by stating that the results of such monitoring should be made public to ensure transparency and accountability in implementing these policies.
Actions Taken Since Last Review
Department of Health & Department of Justice and Community Safety (2024)
The Department of Health (DH) and the Department of Justice and Community Safety (DJCS) provided an update to the Aboriginal Justice Forum on the development of the Monitoring and Evaluation Plan (MEP), which will serve as a framework for monitoring and evaluation projects conducted following the public intoxication reforms (PIR). DH and DJCS stated that the MEP aims to ensure that the monitoring and evaluation of the public intoxication reforms is ‘consistent, coordinated, and complementary, and will deliver a comprehensive analysis of the impact of the reforms.’ Additionally, it was noted that Aboriginal stakeholder engagement was an integral element in the establishment of the MEP.
Victoria Police and DJCS are to prepare quarterly monitoring reports, which include data on:
• Number and type of Victoria Police PIR-related contacts by area
• Number and type of Victoria Police PIR-related contact outcomes
• Number and reason for arrests of intoxicated persons
• Adverse outcomes following PIR-related contact
• ESTA call-out volumes, by event type
• Client volume, distribution, and demography.
DJCS has also selected Monash University to undertake the independent evaluation of the justice impacts of the public intoxication reform, particularly any use of alternate powers and offences by police members and impacts to Aboriginal communities who have been disproportionately affected by public intoxication laws. The evaluation will involve a research team of Aboriginal academics that have extensive experience across areas of Aboriginal policy and research, human rights, access to justice for marginalised groups and law reform evaluation.
Implementation Monitoring and Oversight Group (IMOG)
A key recommendation of the Expert Reference Group’s Seeing the Clear Light of Day report was for the establishment of an independent group to oversee the reform. DH and DJCS confirmed that the Implementation Monitoring and Oversight Group (IMOG) will provide independent advice to the Minister for Mental Health, to be shared with the Attorney-General and Minister for Police. DH and DJCS stated that ‘the advice will primarily focus on reform progress and performance, cultural safety, and risks and issues regarding the decriminalisation of public drunkenness and the statewide health-based response.’ Moreover, the Group will comprise mostly Aboriginal representatives and experts in the health and justice field.
Victoria Police (2024)
Victoria Police requires members to record data on their interactions with people who are intoxicated in public, using the Public Drunkenness Reform App (PDRApp). This information is monitored as part of the first internal Victoria Police evaluation to track implementation and impacts of the reform.
Impact
Outputs
Department of Health & Department of Justice and Community Safety
• Monitoring and Evaluation Plan (MEP) – will serve as a framework for monitoring and evaluation projects conducted following the decriminalization of public drunkenness
• Implementation Monitoring and Oversight Group (IMOG) – will provide independent advice to the Minister for Mental Health, who will then share the advice with the Attorney-General and the Minister for Police. The advice will primarily focus on reform progress and performance, cultural safety, and risks and issues regarding the decriminalisation of public drunkenness and the statewide health-based response.
Victoria Police
• Public Drunkenness Reform App (PDRApp) – used to record data on police interactions with people who are intoxicated in public.
Outcomes
• Aboriginal leadership and membership of the Implementation Monitoring and Oversight Group.
• Aboriginal Justice Caucus involvement in the independent evaluation being conducted by Monash University researchers. The evaluation will examine the extent to which upcharging may be occurring (in line with part b) of this recommendation) along with other potential justice impacts.
• Victoria Police began providing data to the Aboriginal Justice Forum collected via the PDRApp.
Community Views
Victoria Police must not use alternative powers to undermine the reforms. It is critical that the Victorian Government monitors implementation of the reforms through public and transparent reporting on alternative police powers, including move on powers. (Nerita Waight, CEO)
The Victorian Aboriginal Legal Service (VALS) advocated for greater alignment between the CCI guidance to police members on information to be recorded in the PDRApp and the Monitoring and Evaluation Plan, so that members are directed to record:
• Use of move on powers in relation to someone who is intoxicated in public
• Use of breach of the peace powers in relation to someone who is intoxicated in public
• Use of alternative arrest powers in relation to someone who is intoxicated in public
• Any investigations and or charges that follow an incident where police have contact with someone who is intoxicated in public
• Escalation and/or use of alternative arrest powers when police are providing transport to a safe place.