Outrage as Queensland considers recriminalising public drunkenness, sparking fears for First Nations people
Indigenous leaders and community advocates have condemned a proposal by the Queensland Government to reintroduce laws making public drunkenness a criminal offence, warning the move would disproportionately harm First Nations people and roll back decades of progress. Just last year, Queensland became the final Australian state to decriminalise public intoxication , more than 30 years after the Royal Commission into Aboriginal Deaths in Custody recommended the practice be abolished nationwide.
Now, the state's Liberal National Party government – citing public concerns around safety and crime – says it is considering re-criminalisation, sparking alarm across First Nations communities. More than 50 people gathered at a community forum in Brisbane on Friday last week, seeking clarity and information about the proposed changes. Organised by Brisbane Murri Action Group (BMAG), the event aimed to equip the community with facts, facilitate discussion, and amplify voices being sidelined from the political debate. Many at the forum expressed frustration and fear that the government's shift in stance ignores the evidence and the historical injustices faced by Aboriginal and Torres Strait Islander people in the justice system.
BMAG spokesperson Adrian Burragubba said the move would be a step backwards. 'The reintroduction of public drunkenness laws will stereotype and target First Nation people," he said. "This is another notch in the belt of the Crisafulli Government after they rolled back the Truth and Treaty Commission and suspended the Human Rights Act to incarcerate our youth. 'These laws will criminalise our people again and our human rights will be denied. "As the Royal Commission into Aboriginal Deaths in Custody said 30 years ago, public drunkenness laws are an actual threat to our lives."
First Nations advocates say the proposed reforms would be a regressive step, which risks repeating the very mistakes that the Royal Commission sought to address. The 1991 Royal Commission into Aboriginal Deaths in Custody made 339 recommendations — one of the most urgent being the removal of criminal penalties for public intoxication. Its findings highlighted how over-policing of Aboriginal people for minor offences frequently led to unnecessary and avoidable deaths in custody. Queensland's 2023 reforms were widely welcomed by health professionals, legal experts and Indigenous organisations, who had long argued that decriminalisation would help reduce incarceration rates and improve safety outcomes for vulnerable people.
But Premier David Crisafulli's government has now indicated it may reverse course. In a statement provided to NITV, a spokesperson said: 'Our government is working with the Queensland Police Service to ensure they have the laws and resources they need to keep people safe.' While the government hasn't confirmed a timeline for potential legislation, its stance has alarmed many – particularly in light of a national reckoning around systemic racism, policing, and the ongoing failures to meet Closing the Gap justice targets.
Those in attendance at the Brisbane forum stressed the importance of meaningful consultation and self-determination in any reform process, which they say is currently lacking. Speakers urged the government to consider community-led alternatives such as sobering-up shelters, expanded health outreach, and Aboriginal-controlled services that prioritise care over punishment.
Mr Burragubba called on Premier David Crisafulli to meet with Elders and First Nations leaders. 'Intoxication alone should not be a crime, and we should not lose our rights for other people because of their fears," he said. "Their problem is we are seen as a burden and inconvenience on the public – but go to any major entertainment centre on a Friday evening and see the double standards in policing public drunkenness. "The government can't just stereotype and discriminate against certain groups, such as Aboriginal and Torres Strait Islander people."
Legal experts also warned that a return to criminalisation would likely result in a spike in Indigenous incarceration – a trend at odds with the National Agreement on Closing the Gap, which commits all governments to reducing the number of Aboriginal and Torres Strait Islander people in prison.
Advocates are calling on the government to halt any proposed changes until comprehensive consultation with First Nations communities takes place. They say evidence must guide decision-making, not knee-jerk reactions to media narratives or political pressure. "We are most at risk from this policy," Mr Burragubba said. "We are way over-represented in the statistics, and we know where this leads. "We don't want that escalation and have our community being locked up for having a few drinks in public, with all the risk to our lives and the damage to our community that it entails.'
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