THOSE found publicly intoxicated will no longer automatically be in breach of the law, following a Victorian review and the subsequent implementation of a health-led response to drunkenness from earlier this week.

The changes, which came into effect on Melbourne Cup day, follow the Royal Commission into Aboriginal Deaths in Custody, and will see those found intoxicated in public spaces and at events receive additional care and support rather than being placed in a police cell to sober up.

Shepparton’s Rumbalara Aboriginal Cooperative will be the Alpine Shire's nearest outreach service to assist in transporting those in need to a safe place if required, such as that of a family member, friend or carer.

Paramedics and Victoria Police officers will also assist those publicly intoxicated in an emergency situation or if community safety risks are involved.

However, The Police Association Victoria secretary Wayne Gatt expressed concerns the new laws could hinder the ability of police to intervene if they come across an aggressive drunk who is not technically breaking the law.

“The happy, compliant or the inoffensive drunk is catered for under this policy change – the belligerent, reckless or uncontrollable drunk is not,” he said.

“Without the ability for police to intervene, that is the type of person that the community is no longer protected against.

“The situation becomes more complicated the further you are out of metropolitan Melbourne – we can’t say what will unfold in regional communities, because police are no longer part of the primary response, it’s out of our hands.

“It’s now the government and allied health agencies’ job to make this reform work.”

A police spokesperson said officers would remain with drunk people requiring urgent ambulance assistance until paramedics arrived if first on scene, and could place those with the potential to be of risk to themselves in the care of family or friends in a non-emergency situation.

The spokesperson said more than 85 per cent of Victoria Police officers had undertaken mandatory training around the new health-led public drunkenness model, and had worked with event organisers and licenced venues .

“With public drunkenness decriminalised on cup day, members will continue to encourage drunk people to seek support and assistance from family or friends,” the 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.

“If a drunk person commits a criminal offence, they will be dealt with swiftly by police.”