Report tabled in parliament follows investigation into woman taken into custody by Ballarat police for being drunk

Victoria’s anti-corruption commission has called for a review of public drunkenness laws following its investigation into the abuse of an off-duty police officer at Ballarat police station.

The Independent Broad-based Anti-corruption Commission on Thursday tabled its report to parliament on allegations of police brutality against the officer, finding shortcomings in Victoria police policies and procedures.

Claims Ballarat police used excessive force should be investigated, Ibac says Read more

In January last year a woman was taken into custody by Ballarat police for being drunk in public. Security footage shows the woman, who was also a police officer but not on duty at the time of her arrest, being kicked by another police officer.

She was also pepper-sprayed, had her legs stood on, and her trousers, socks and underwear removed by a male constable while she was face-down and handcuffed on her cell floor. The constable was attempting to find a missing lanyard that it was believed the woman might have taken from the station sergeant.

The Ibac report found that CCTV footage had captured a significant amount of capsicum spray foam pooling on the cell floor around the woman’s head. The report referred to the woman as “person A”.

“It is therefore likely she was experiencing significant discomfort through the burning sensation the foam causes to the eyes, nose and mouth areas,” the report said. “The pain caused by [capsicum] spray is sometimes described in police training as horrendous, although it is known to affect some people less than others.

“From this point on, the fight appears to have gone out of person A.”

While beyond the scope of its investigation, Ibac’s report said the Victorian government should consider decriminalising public drunkenness. Only Victoria and Queensland consider being drunk in a public place an offence. In all other states and territories it is generally treated as a public health and welfare concern and a person needs to commit a criminal act while drunk to be arrested.

“Ibac recognises this is a complex issue,” the report said. “While an offence of being drunk in a public place has been long removed from the statute books in New South Wales for example, it has been argued that criminalisation of public drunkenness has continued in that state, including through the policing of recent laws enacted in response to community concerns about public order and safety.

“There are also undeniable challenges around the provision of appropriate alternative facilities to police custody, and the potential impact on already stretched health and social services.”

However, Ibac did find shortcomings in Victoria police policies and practices, including compliance with strip-search policy. Ibac recommended Victoria police consider whether or not charges should be brought for common assault against one of the officers involved in the woman’s arrest.

“A number of other recommendations have been made which relate to improving Victoria police policies and practices which were identified as deficient,” the report said.

The assistant deputy commissioner of Victoria police, Luke Cornelius, was expected to hold a press conference in response to the report on Thursday afternoon.