The ACT Watch House is located within City Police Station. Photo: Claire Fenwicke.
The ACT Government has no plans to extend sobering up services in the Territory despite an ombudsman report strongly encouraging it to do so.
The ACT Ombudsman looked into ACT Policing’s dealings with intoxicated people as part of its Do more to lessen harm report, which examined use of force by officers.
It found use of force issues with intoxicated people (which range from unholstering – but not firing – a taser, to using handcuffs and physical force) usually arose when they were being taken to the ACT Watch House.
The Australian Federal Police Association’s (AFPA) called on the government to address the “growing gap” in how alcohol-related incidents are handled.
“If that person comes to police attention and police feel intervention is required, that person should be cared for by the health system, not placed inside a police cell,” AFPA president Alex Caruana said.
The Intoxicated People (Care and Protection) Act 1994 (IPCP Act) allows officers to take intoxicated people into protective custody to “sober up” in a safe environment. This can occur only when an officer’s satisfied there’s no other reasonable alternative for the person’s care and protection.
In 2024, 655 intoxicated or drug-affected people were lodged in the ACT Watch House. They were not charged with an offence.
To date this year, 254 people have been lodged in the Watch House under these circumstances.
An ACT Policing spokesperson said duty of care began whenever an officer became aware, by any means, that a person was intoxicated or drug-affected and unable to “properly care” for themselves.
“The first role for police is to ensure community safety and that extends to people who are in public and not able to care for themselves,” they said.
“[For example] a drunk person on a bench who is not fully aware of their surroundings and can’t safely get themselves home is at risk of physical harm, either through their own actions or the actions of others. In those situations, once police engage with that person they then have to ensure they are provided appropriate care to ensure their safety.
“Locating family, friends or housemates that can care for the person is often the first option for police.”
Other options include the CBR Night Crew and the Sobering Up Shelter.
The Sobering Up Shelter operates three nights a week, has five beds, and cannot accept children.
Sometimes the only option for police is to take someone back to the ACT Watch House.
The ACT Policing spokesperson said when officers encountered an intoxicated child, a responsible adult was sought.
“In most instances, police are reliant on the Young Person to nominate a responsible adult. If a suitable adult can’t attend, then government and non-government support agencies are approached,” they said.
“After-hours support is limited and in very rare instances an intoxicated teenager may be placed in Watch House care until a responsible adult can be located.
“Young persons under the influence of drugs and/or alcohol can pose a significant risk in terms of their own health and usually require increased monitoring and sometimes intervention from professional medical personnel.”
Mr Caruana said the ACT Government needed to “step up” and provide police with the proper legislative support and funding to deal with the issue properly.
“That means investing in round-the-clock sobering-up services and giving police a clear legal framework to act when public safety is at risk,” he said.
“The ACT Watch House is not the best place for an intoxicated person who hasn’t committed a crime, but the ACT Government has not provided any consistent solutions to this issue apart from the ACT Watch House or the hospital system.”
An ACT Government spokesperson said the Sobering Up Shelter had received fewer service users in recent years.
“The opening hours of ACT’s Sobering Up Shelter align with the hours of the week in which community members are most likely to engage in heavier drinking, on Friday and Saturday nights,” they said.
“There are no plans to extend these hours, noting a seven-day service is unlikely to see sufficient demand.”
The ombudsman recommended ACT Policing roll-out refresher training and guidance to staff about their obligations under the law to deal with intoxicated persons.
It also recommended the Watch House manual be updated to ensure people detained under the IPCP Act can contact a lawyer.
(The IPCP Act does not provide an intoxicated person in custody the right to legal advice.)
These were accepted, but ACT Policing also noted in its report response that “delivery of additional capacity for reasonable alternatives to custody will be a matter for ACT Government”.
“ACT Policing would support the provision of additional care options for intoxicated and drug-affected people as lodging a person into the Watch House can unreasonably stigmatise or impact that person,” the spokesperson added.
The Watch House has been plagued with issues in recent years, including raw sewage leaks.
The government acknowledged the Territory’s ageing police infrastructure with work ongoing to develop new facilities.
“Nearly $3.5 million has been allocated over the past two years to support planning for a new ACT Policing Headquarters and City Police Station,” the spokesperson said.
More money was recently committed in the 2024-25 ACT Budget.
