The Victorian government won’t give police replacement powers when public drunkenness is decriminalised, prompting anger from the police union and relief from a community organisation.

Public drunkenness will be decriminalised in November following a commitment from the Andrews government at the start of a 2019 coronial inquest into Yorta Yorta woman Tanya Day’s death.

The government has formally decided not to give police any new powers once the decriminalisation kicks in, according to the Victorian Aboriginal Legal Service and Police Association Victoria.

The legal service lauded the decision, pointing to the up to 40 Aboriginal people locked up each month under public drunkenness laws.

“In other Australian jurisdictions where police maintain detention powers for public intoxication, despite de-criminalisation of this offence, Aboriginal people continue to be locked up and die in custody,” chief executive Nerita Waight said.

“Victoria will be the first jurisdiction to choose another path.”

Ms Day’s family has also supported the decision.

However, The Police Association derided the approach as “negligent and reckless”, saying it would leave officers unable to support the community in many circumstances.

The union has supported the government’s intent to reform and decriminalise public drunkenness, secretary Wayne Gatt said.

“What is dangerous however, is to do so without maintaining the safety net that would provide police with a means to manage people in the community that do not consent to a health response or where a health response is simply not available,” he said.

The government has told the union it intends to push ahead with the decriminalisation without addressing safety concerns or adopting solutions raised by the union or Victoria Police Command, Mr Gatt said.

A state-wide public health response will be rolled out once decriminalisation comes into effect and the government asserts Victoria Police will retain all of its existing powers to respond to safety concerns.

“We’re working closely with Aboriginal community stakeholders, health services and first responders including Victoria Police on this important reform,” a Victorian government representative said.

The decision to ensure police will not have new powers was a testament to the Day family’s tireless advocacy, Ms Waight said.

Ms Day fell asleep on a train in December 2017 and was arrested for being drunk in a public place, with a coroner later finding police should have sought medical advice for her or taken her to hospital.

Instead, she later hit her head on a wall in a concrete cell at Castlemaine Police Station and died.

Ms Day’s death was preventable, the coroner found.

“Our mother would still be here with us today if Victoria police had treated her condition seriously and cared for her with a public health response but they chose to criminalise her at her most vulnerable time,” Ms Day’s family said in a statement.

– AAP