The only state where public drunkenness still a crime Key recommendation of a royal commission from 30 years ago around the issue of public drunkenness changed in all states except one. Crime by James Hall Premium Content Subscriber only Queensland is the only state in Australia where public drunkenness remains a crime despite a royal commission recommending it be abolished 30 years ago. A landmark report borne out of the 1991 Royal Commission into Aboriginal Deaths in Custody made hundreds of recommendations, with a key suggestion being the removal of laws allowing police to lock an individual behind bars for intoxication. In February, Victoria passed legislation to abolish the crime after an inquest into the death of Yorta Yorta woman Tanya Day.