Federal Government urged to intervene in Victoria’s public intoxication laws

An MP was forced to drive a drunk man home to stop him getting behind the wheel after police said they were powerless to intervene due to the Allan government’s decriminalisation of public drunkenness.

Australia’s top law officer is facing calls to hold urgent talks with the Victorian government about the fallout from the state’s decriminalisation of public drunkenness.

Federal Victorian MP Aaron Violi has opened up about his dismay during a desperate attempt to prevent a “heavily intoxicated” man from driving, as families walked home from the recent Lilydale show.

The Member for Casey called police for assistance to stop the man, who had just fallen over, from getting behind the wheel of his car.

But police weren’t able to help because the government’s changes to public intoxication laws prevent them from arresting or detaining people unless they’re commit a criminal offence.

In a letter to Attorney-General Mark Dreyfus, sent last week, Mr Violi wrote that “I took his keys and drove him home myself, stopping at a pedestrian crossing as families and children crossed the road”.

“It is concerning to think of the tragic consequences this driver could have caused had he been left to drive.”

Liberal MP Aaron Violi. Picture: Gary Ramage

Mr Violi requested that Mr Dreyfus, a fellow Victorian, hold talks with his state colleagues about the “consequences and harms being caused” by the changes, which came into effect last year.

“The Allan government must restore community safety powers to the Victorian Police,” he said.

“Victorians have died because of this change.

“This is the reality of Victoria and these are the dangers that we are under.”

Police Association of Victoria secretary Wayne Gatt said it had “never” been opposed to the decriminalisation change.

But Mr Gatt said the safety net for police to underpin a health-based service approach – with outreach services such as sobering up centres – didn’t exist.

He said it was unsurprising that “police feel less empowered to support the community” after having their “powers taken from them” and questioned why there had not been a health-based response.

“We said it would cause problems and we see that play out now,” Mr Gatt said.

“Our members assert that in at least one case it has been a contributor to the death of another Victorian because the service simply wasn’t there and they weren’t able to fill the gap.

“They (government) need more health-based services. But if you maintained a policing safety net you’d have the best of both worlds.”

Attorney-General Mark Dreyfus was contacted for comment.