The Victoria Police Association has declared the death of a man in Melbourne overnight a “preventable tragedy” after officers were prevented from detaining the man, due to the state’s new public intoxication laws, before he was hit by a car.
Victorian Police will be given powers to conduct random weapons searches in certain targeted areas.
These will be larger areas such as shopping centres and train stations.
This comes amid the growing youth crime crisis in Victoria.
About 3.20am on Friday, police responded to a Triple Zero call that a man was lying on the road on the corner of Brimpton Grove and Blackforest Road in Wyndham Vale.
Police attended the scene and spoke with the man for about an hour, but changes to public drunkenness laws in Victoria meant they could not detain him.
The man, who was again laying on the road, was fatally struck by a car about 5am.
Police were prevented from detaining the intoxicated man before he was hit by a car due to the state’s new public intoxication laws. Picture: Bill Hearne/ News Corp Australia
As it is no longer against the law to be intoxicated in public in Victoria, police rightfully contacted Melbourne’s 24-hour official sobering centre, Cohealth, but staff declined to take the man in.
Cohealth informed police it would not be accepting the intoxicated man, and police left the scene.
“Cohealth extends its deepest sympathies to the family and loved ones of the man who lost his life in Wyndham Vale in the early hours of this morning,” a spokesperson for the sobering centre in Collingwood said.
“Our thoughts extend to everyone affected during this difficult time.
“Cohealth can confirm that it was contacted in the early hours of this morning regarding a referral of a male client.
“The man was a known client of Cohealth and the appropriate assessment procedures were undertaken by Cohealth staff.
“Based on the client’s history, it was determined that a referral to the Sobering Centre was not appropriate, and Victoria Police was subsequently informed.“
An example of a Cohealth response to public intoxication in metro Melbourne. Supplied: Cohealth
Being drunk in public was decriminalised in Victoria in November 2023, a move which was fiercely opposed by the Liberals and Nationals.
Police cannot arrest nor fine a person for being drunk in public – instead, they can contact a person’s family, a sober centre or, in very limited circumstances, transport someone to a “place of safety”.
Police must get the person’s agreement before relocating them, make it clear they are not under arrest and if the individual changes their mind, police must immediately let them go.
The public intoxication reform was first legislated following the death of Yorta Yorta woman Tanya Day, who was arrested for being drunk in public and died in custody after falling over.
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Police Association secretary Wayne Gatt said the two members who had tried to assist the man had the union’s “unequivocal support”, and laid the blame squarely at the feet of the Victorian government’s recent reforms.
“Our full, unequivocal support is behind these two officers, who came to work to help and protect people and who were prevented from doing that because of the government’s recently reformed public intoxication laws,” he said.
“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.
“Our thoughts are with the man’s family and with our members who will all be traumatised by this preventable tragedy.”
Police Association secretary Wayne Gatt laid the blame squarely at the feet of the Victorian government’s recent reforms. Picture: Nicole Garmston
Shadow minister for police, Brad Battin, has also declared the Allan government fully responsible for the Wyndham Vale death, vowing to make immediate moves to restore powers to Victoria Police.
Shadow minister for mental health, Emma Kealy, is pushing for an inquiry into the state’s sobering-up centre model.
“Labor is spending tens of millions on low-occupancy sobering up facilities, yet we still have intoxicated people dying,” she said.
“In the past, this person would have been in care, and safe.
“The Minister has botched the roll out of the sobering-up centres, and known there’s been issues in recent months, yet nothing’s been done. It’s complete negligence and mishandling.”
Radio host Dave Hughes discusses Victoria’s sobering up centres in which only 417 people have used the service in the past five months.
“I know back when I was drinking I would have said no,” Mr Hughes told Sky News host Erin Molan.
“I imagine people are just saying no because when you are really, really drunk, as I used to get, you are really, really confused and so when someone comes up to you and says come with me, your first idea is to say no because you probably think they are taking you to a shallow grave somewhere.”
Premier Jacinta Allan said on Friday her thoughts were with the family of the man who died, declaring an independent investigation by the coroner would take place, but declined to comment further when probed if the state was liable.
“This is a terrible incident,” the Premier said.
“Police maintain very strong powers to keep the community safe. If there’s further action we need to take, we will.”
The Professional Standards Command, who investigate the conduct of Victoria Police, has been notified of the incident.