Public drunkenness has been decriminalised in Victoria on Melbourne Cup day. This is what you need to know

From today, public drunkenness is no longer a criminal offence in Victoria.

The move comes four years after the state committed to transitioning from a criminal justice to public health approach to the issue.

So what's changed, why has it happened, and why has it come into effect on Melbourne Cup day? Here's what you need to know.

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What has changed?

From today, Tuesday, November 7, public intoxication is no longer a crime in Victoria.

That means police aren't able to arrest people for being drunk and detain them in their cells.

Instead, they'll be supported to go to a safe space like a sobering up centre.

Police are still able to arrest drunk people if they're committing an offence.

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Why has it happened on Melbourne Cup day?

Melbourne Cup day might seem an odd choice of date for these new laws to come into effect.

Perhaps unsurprisingly, it wasn't what the Victorian government had originally planned.

The new laws were originally slated to begin on November 7 last year – the Monday after the Cup.

But delays, which the government put down to COVID-19, meant the introduction was pushed back by a year, coincidentally putting it on a collision course with Melbourne Cup day this year.

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What's the reason for the change?

The Victorian government says responding to public intoxication through a criminal approach is "not appropriate and inconsistent with current community standards".

Of particular concern is the disproportionate impact criminalising public drunkenness has on Indigenous people.

The Victorian government's commitment to changing approach came following the 2017 death in custody of Yorta Yorta woman Aunty Tanya Day.

She had been arrested on a train and taken into police custody.

While in a cell, she hit her head and died, with the coroner later finding police didn't properly check on her and didn't adequately look after her.

"Our mother would still be here today if the government repealed the laws criminalising public drunkenness as first recommended over 30 years ago in the Royal Commission into Aboriginal Deaths in Custody," Day's family said.

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"We are glad the government is finally listening and is implementing these changes... Meaningfully implementing this reform and treating public drunkenness for what it is - a public health issue that demands a public health response - ensures we are keeping the community safe and reducing the risk of people dying in police custody.

"Other states and territories should follow Victoria's lead to prevent any more unnecessary injuries or deaths.

"As our mother's case and all the other similar cases show, police cells are dangerous places for intoxicated people.

"For Aboriginal and Torres Strait Islander people this is especially so, where systemic racism and bias held by individuals means that our people are more likely to die when detained in police cells.

"No person should ever be locked up for being drunk, or for being perceived to be drunk, in public spaces. There should be no role for police or police cells in any public health response."

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Are there any concerns about the change?

While the changes have largely been supported, there were concerns aired over the past few weeks that Victoria wasn't prepared for the new legislation.

The key sobering-up centre in the Melbourne suburb of Collingwood isn't yet in operation and doesn't have a concrete opening date.

Instead, its operator is working on the city's streets.

Up to 10 teams – each with a vehicle, nurse and alcohol and drug specialist – are patrolling greater Melbourne.

The police union also claimed the government was unprepared, with Police Association secretary Wayne Gatt saying: "We will have a gap between the health service providers and the encountering of intoxication on the street.

"We might be in a position where we are walking away from the scene or where police members leave."

But Chief Commissioner Shane Patton said police were prepared for the changes.