Attorney-General Jill Hennessy will write to Coroner Caitlin English, in relation to the inquest into the death of Tanya Day, to advise that the government commits in principle to decriminalising public drunkenness.

“Coroner English has previously indicated that she proposes to recommend the outdated law be abolished in her final report,” the state government noted.

In December 2017, Ms Day was taken off a train and arrested for being drunk in a public place. She fell and hit her head in police custody and later died from a brain haemorrhage.

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Since the death of the Yorta Yorta woman, her family and the broader Aboriginal community have “tirelessly campaigned for the offence of public drunkenness to be abolished and an end to Aboriginal deaths in custody”, the Human Rights Law Centre said.

An Expert Reference Group is set to be established to provide advice about the decriminalisation and the development of an alternative, health-based response, which will “provide advice in consultation with the Aboriginal community, health services, alcohol and other drugs experts, local government and operators of licensed premises”.

“The new health-based model will promote therapeutic and culturally safe pathways to assist alcohol-affected people in public places, who may be facing other challenges including homelessness, mental illness, family violence, and substance dependency,” the government said.

“A health-based approach will be particularly significant for the Aboriginal community, who are disproportionately affected by the current laws.”

The group and government will work closely with Victoria Police to make sure police continue to have sufficient powers to maintain community safety and help intoxicated people at risk of harm, as well as Victoria Police, Aboriginal stakeholders, health services, and communities to establish an alternative model to respond to public intoxication and associated health issues.

The government expects to report back to Coroner English on the progress of this reform by the end of the year.

“Public drunkenness requires a public health response, not a criminal justice one, and now is the right time to take this important reform forward,” Ms Hennessy said.

“The Andrews Labor government acknowledges the disproportionate impact the current laws have had on Aboriginal people and pays tribute to the community members who have advocated this change.”

Minister for health Jenny Mikakos added that this is reform that will save lives.

“We’ll be working carefully with the experts, including health services, Aboriginal groups and Victoria Police on how we can better protect vulnerable people who need support, not punishment,” she said.

Minister for Aboriginal affairs Gavin Jennings noted: “Since [Ms] Day’s death in 2017, her family has been committed to law reform and better support services.”

“The courage and determination they have shown to prevent other families from experiencing their pain has been remarkable and truly inspiring.”

In a statement, Ms Day’s family said the news was welcome, but that it was “tinged” with grief and sadness.

“In the end it took the death of our mother for the government to repeal laws that should have been abolished 30 years ago when the recommendations of the Royal Commission into Aboriginal Deaths in custody were released,” the family said.

“The government’s commitment is a great first step, but they need to back their words with action and repeal the law quickly so that no other Aboriginal person dies in custody.”

There’s still a long journey ahead in seeking justice for Ms Day, the family continued.

“We’re still waiting on the truth of what happened to be revealed through the coronial process and from that, accountability. At the time mum died, Aboriginal women were around 11 times more likely to be arrested. This raises serious questions about racism in Victoria Police,” the family said.

The coronial inquest into the death in police custody of Ms Day is set to commence today at the Coroners Court of Victoria. It is listed for three weeks.

At the inquest, the family will be seeking information about who or what institution contributed to their mother’s death and who should be held responsible, “what role racism played in their mother’s death and whether she was treated differently and to a lesser standard by Victoria Police and V/Line because she was an Aboriginal woman” and “whether their mother’s death was investigated impartially and independently, given a Victoria Police officer was assigned to investigate the failures of other Victoria Police officers who were tasked with looking after their mother”.

Human Rights Law Centre legal director Ruth Barson, who is representing the family in the coronial inquest, said the government’s announcement is welcome and a testament to the ongoing commitment of Ms Day’s family in seeking justice for their mother.

“The government is doing the right thing repealing these discriminatory laws and putting in place an Aboriginal-led, public health response. If somebody is too drunk, they should be taken home or somewhere safe, they should not be behind bars,” she said.

“We’re now looking to the coronial inquest for answers on how [Ms] Day went from safely sleeping on a train to dying in police custody, and who should be held responsible for her tragic death.”