Major rule change warning ahead of Melbourne Cup

A big change has been brought in just in time for race day in Melbourne.

Police have warned they won’t step in to help the majority of people who get drunk on Melbourne Cup Day with a major rule change coming into place.

Public drunkenness will be decriminalised in Victoria from Tuesday, meaning that Victorian officers can do little to assist those found to be in an intoxicated state.

Victoria Police will still be out in force both trackside and across major entertainment precincts to ensure that no laws are broken and to assist in emergency situations.

Public intoxication will no longer be a police matter with new laws to be brought in on Tuesday. NCA NewsWire / David Crosling

Racegoers have been warned police will leave them behind if they refuse help . Picture: NCA NewsWire / Andrew Henshaw

Officers will help any intoxicated person who does not need ambulance assistance to find friends or family, obtain public transport or to access the Department of Health’s sobering services, however, those that refuse will be left behind.

“With public drunkenness decriminalised on Cup Day, members will continue to encourage drunk people to seek support and assistance from family or friends,” a Victoria Police spokesperson said.

“There will also be the option of referring them to the public intoxication response service overseen by the Department of Health.

“However, if they refuse and are not presenting a risk to others, there will no longer be a role for police.”

Despite the change in how police will interact with drunk racegoers, they are warning that any criminal offences will be “swiftly” dealt with, with increased numbers of general duties officers, Highway Patrol members, mounted police and public order response officers.

If police are the first on the scene at an emergency situation, they will remain with drunk people until paramedics arrive.

Police will always assist in emergency situations and will arrest anyone breaking the law. Picture: NCA NewsWire / Andrew Henshaw

For anyone presenting a safety risk to others, Victoria Police say they will attempt to de-escalate the situation before using move on and breach of the peace powers to remove them from the racetrack or venue.

Victoria moved to decriminalise public intoxication after finding that a criminal approach is “not appropriate and inconsistent with current community standards”.

The state government was particularly concerned with the disproportionate impact of criminalisation on Indigenous people, with the commitment to change coming after the 2017 death of Yorta Yorta woman Aunty Tanya Day who died in police custody.

Ms Day hit her head and died in her cell, with the coroner finding that police did not adequately look after her and check on her after the arrest.