The intoxication reform was legislated in 2021 after the death of Yorta Yorta woman Tanya Day, who suffered a fall while in custody.
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Police Association secretary Wayne Gatt said he was proud of the response of his officers – who found the man near his home and attempted to feed him and give him water – and that they had reacted with compassion and care.
Gatt suggested that what should have happened is that police take the person into custody, remove them from a dangerous situation, and then have health services pick them up when available.
Ultimately, though, he said, police didn’t have the powers they needed to take the man into custody.
“A man is dead and the community should be asking the questions that we were asking three years ago and have been asking every day since,” Gatt said.
“Our thoughts are with the man’s family and with our members who will all be traumatised by this preventable tragedy.”
A police spokesman confirmed police responded to a Triple Zero call reporting a man was lying on the road, at the intersection of Black Forest Road and Brimpton Grove, about 3.20am.
The spokesman said officers engaged with the man for about an hour before leaving him at his home address.
A Honda Accord struck then struck the man on the roadway at about 5am. He died at the scene.
“The driver of the vehicle stopped at the scene and is assisting police with their inquiries. The exact circumstances surrounding the collision are yet to be determined,” they said.
Professional standards investigators have since been notified.
A spokesperson for Cohealth confirmed it was contacted early on Friday regarding a referral of a male client. The man, they said, was a previous client of Cohealth and an assessment was undertaken.
Based on the client’s history, referral to the Sobering Centre was deemed inappropriate, Cohealth said.
Speaking at a press conference in Kyenton on Friday, Premier Jacinta Allan said her thoughts were with the family of the man who died and promised there would be an independent investigation led by the coroner.
The premier declined to say whether the state would be liable for the death and what police should do if a similar incident occurs, arguing she didn’t want to speculate about what exactly occurred until the investigation had run its course.
“This is a terrible incident,” Allan said.
“Police maintain very strong powers to keep the community safe. If there’s further action we need to take, we will.”
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