Exclusive new details on Wyndham Vale accident that left a man dead in Melbourne

A 34-year-old man has been hit and killed by a car in Melbourne just hours after he was refused admission into a sobering up centre.

The man was found intoxicated on Black Forest Rd, Wyndham Vale by police in the early hours of Friday morning.

The officers, following the state’s public drunkenness legislation, called the sobering up centre but he was refused transportation.

7NEWS understands the man wasn’t picked up by sobering up centre staff as he was deemed unsuitable.

Unable to arrest or transport the man, again under the state’s new laws, the officers spent more than an hour with him at his home before they were forced to attend another incident.

After police left the man at his home it is understood he found his way back out onto the road and was lying down when he was hit and dragged by a Honda Accord.

Secretary of The Police Association Victoria, Wayne Gatt told 7NEWS in a statement that it is “supporting two of its members who have been involved in a death following recent police intervention”.

“Our full, unequivocal support is behind these two officers, who came to work to help and protect people and who were prevented from doing that because of the Government’s recently reformed public intoxication laws,” he said.

“A man is dead and the community should be asking the questions that we were asking three years ago and have been asking every day since.

“Our thoughts are with the man’s family and with our members who will all be traumatised by this preventable tragedy.”

During a press conference, Gatt extended his condolences to the man’s family and said they officers did everything they could in the hour they spent with him, including making him food, before they were called to another emergency.

“We can’t imagine what his family are going through at this difficult time,” he said.

“I hope that they please understand that our members did everything they could to keep him safe within the law.”

Victorian Premier Jacinta Allan was asked about the incident in relation to the public drunkenness laws and said her thoughts are with the person’s family and it will be thoroughly investigated, but said it would be “deeply inappropriate to respond to assumptions”.

“Given that investigation will commence and be undertaken independently. It would be inappropriate for me to comment or speculate,” she said.

Victoria decriminalised public drunkenness in November of last year, replacing it with a health-based response including outreach teams and a dedicated sobering up centre operated by community health organisation cohealth.

Cohealth also extended deepest sympathies to the family of the man and confirmed it was contacted regarding a referral of a male client.

“The man was a known client of cohealth and the appropriate assessment procedures were undertaken by cohealth staff,” a statement read.

“Based on the client’s history, it was determined that a referral to the Sobering Centre was not appropriate, and Victoria Police was subsequently informed.”

Police will prepare a report for the state coroner.