Tanya died after falling asleep on a train. New laws hope to stop a repeat

Tanya died after falling asleep on a train. New laws hope to stop a repeat
The Victorian authorities’s push to abolish the state’s public drunkenness legal guidelines is going through issues from unions frightened it’ll go away police and paramedics struggling to handle points in the neighborhood.

WARNING: Aboriginal and Torres Strait Islander readers are suggested this story incorporates photos of an individual who’s deceased.

Victorian Police Association secretary Wayne Gatt says it could be “negligent and reckless” to decriminalise public drunkenness. (Nine)

Under the brand new method, set to be formally introduced tomorrow, intoxicated folks can be taken dwelling, to a good friend’s home or to sobering-up centres.

The police and ambulances unions have each expressed help for the reforms however raised issues in regards to the adjustments.

Police are significantly involved new move-on powers for officers will not be introduced in to fill any gaps within the legal guidelines.

Police Association Victoria secretary Wayne Gatt accused the Andrews authorities of taking a “cavalier” method to “negligent and reckless” reform that failed to handle public security issues. 

“Decriminalising public drunkenness, of itself, is not a dangerous reform,” he mentioned, in a press release.

“What is dangerous, however, is to do so without maintaining the safety net that would provide police with a means to manage people in the community that do not consent to a health response or where a health response is simply not available. 

“Without this, police are unable to help the neighborhood in lots of circumstances, one thing that can be of nice concern to many police and needs to be of higher concern to the neighborhood.”

Victorian Ambulance Union secretary Danny hill said the “sober up” facilities were a “good step”.

“However, there are obligation of care issues that we have to work although fastidiously to stop this workload falling again onto already overstretched paramedics and emergency departments,” he said in a statement.

Paramedics are concerned the changes will mean crews are diverted from more serious calls. (AAP)

Attorney-General Jaclyn Symes defended the reform today, arguing other jurisdictions had found replacing public drunkenness laws with backup coercive measures “undermines the entire objective” of the reform.

“These legal guidelines are about decriminalising public intoxication. They aren’t about diluting any additional police powers,” she said.

“They aren’t about guaranteeing that being drunk is an excuse, or a get out of jail … free card for different offences. 

“Police will still have the option of stepping in when somebody is disturbing the peace, causing a scene.”

Victoria Attorney-General Jaclyn Symes defends public drunkenness legislation reform on Tuesday, January 17, 2023. (9News)

Day’s household, the Human Rights Law Centre and the Victorian Aboriginal Legal Service all welcomed the adjustments.

She had been arrested for public drunkenness when she was discovered asleep on a prepare travelling from Bendigo to Melbourne.

“Our mother would still be here with us today if Victoria police had treated her condition seriously and cared for her with a public health response, but they chose to criminalise her at her most vulnerable time,” the Day household mentioned in a press release. 

“She was left to die alone on the floor of a police cell after the officers responsible for monitoring her failed to adequately care for her as required by the Victoria Police guidelines.

“As our mom’s case exhibits, police cells are harmful locations for these intoxicated, particularly our Aboriginal and Torres Strait Islander communities. 

“No person should ever be locked up just for being drunk in public, and there should be no role for police or police cells in a public health response.”

Tanya Day, 55, had been in police custody prior to her December 2017 death after being picked up in regional Victoria.
Tanya Day, 55, had been in police custody previous to her December 2017 dying after being picked up in regional Victoria. (Supplied)
Family members, together with Tanya’s daughter Apryl Watson (centre), march to the Coroners Court after a smoking ceremony in 2019. (AAP)

Symes mentioned the legal guidelines had been designed to cease folks being despatched to jail cells to sober up.

“We know that there is a disproportionate impact on our Aboriginal community,” she mentioned.

“We have Aboriginal people that are arrested for the sole offence of being drunk in public and that is causing immense trauma, and in some instances, we know has resulted in people dying in police cells.”

She mentioned one sobering up centre can be opened within the CBD, together with different outreach centres and promised the adjustments can be regularly monitored and tweaked if wanted.

Trial websites are operating in some elements of the state however Symes could not share any greater than anecdotal outcomes, blaming the COVID-19 pandemic for delaying the rollout.

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