Family of Veronica Nelson renew calls for Poccum’s Law to fix bail laws
The family of Veronica Marie Nelson, a strong Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman who passed away in custody, have renewed their calls to the Andrews Government to deliver wholesale and urgent reform of Victoria’s bail laws. The calls come as Parliament prepares to debate the Government's bail reform proposal, which falls short of the changes needed.
The family have laid out a blueprint for change to ensure that what happened to Veronica, never happens again. They have demanded change in the next 3 months and for these reforms, if adopted in full, to be referred to as Poccum’s Law. “Poccum” was the nickname Veronica received from her family; as a child they took Veronica out to see a possum in the tree, and she would pronounce possum as ‘poccum’.
74 organisations in the legal, human rights and health sectors, including the Victorian Aboriginal Legal Service, Robinson Gill Lawyers, Dhadjowa Foundation and the Human Rights Law Centre, have backed the family’s renewed calls and urge the Andrews Government to immediately implement Poccum’s Law by:
Removing the presumption against bail.
Granting access to bail unless the prosecution shows that there is a specific and immediate risk to the safety of another person; a serious risk of interfering with a witness; or a demonstrable risk that the person will flee the jurisdiction.
Explicitly requiring that a person must not be remanded for an offence that is unlikely to result in a sentence of imprisonment.
Removing all bail offences.
In January 2023, the Coronial Inquest into Veronica Nelson’s passing labelled the bail laws ‘a complete and unmitigated disaster’. Coroner McGregor found that the bail laws discriminate against Aboriginal people, are incompatible with Victoria’s Human Rights Charter, and should be changed urgently.
Earlier this month, the Victorian Government announced it would delay bail reform by 6 months, and proposed changes that would fall short of meeting the family's demands and Coroner McGregor’s recommendations.
Under the Government's current proposal, reverse onus provisions will remain, as would a bail offence. People who are unlikely to be sentenced to imprisonment will continue to wait for a court hearing behind bars.
Key changes that the Government has committed to making, including additional court considerations for Aboriginal people applying for bail, removing two bail offences and limiting the operation of reverse-onus provisions against children, are due to the family’s strong advocacy as they fight to ensure that what happened to Veronica never happens again.
Learn more about Poccum's Law here
Quotes from Aunty Donna Nelson, Veronica’s mother:
“Our lawmakers must listen to Veronica’s cries for help, just as I hear her every night. Veronica should not have died in custody in such a cruel way. She should be here with her family today. These harsh bail laws have killed too many of our people. It has to stop.
“I am relieved that our lawmakers are finally changing bail laws. This is a positive step forward, but it doesn’t go far enough. If the government is serious about protecting our people, they must implement Poccum’s Law. Not just some of it, all of it.”
Quotes from Uncle Percy Lovett, Veronica’s partner:
“Veronica should still be here. The system needs to change so that other people don’t go through the same thing.
“I am really thankful to all the people who have supported us. The thousands of people who turned up to rallies, all the people who turned up to Court, everyone who has joined us asking for change. What happened to Veronica would have been covered up and forgotten if it wasn’t for the way the community has supported us.
“It is good that some changes are happening, but it’s disappointing that the Government isn’t making all the changes that we asked for at the Coroner’s Court.”
Quotes from Nerita Waight, CEO of the Victorian Aboriginal Legal Service:
“It is great to see so many expert organisations supporting the family of Veronica Nelson in their call for the Poccum’s Law bail reforms. I hope the Victorian Parliament hears their voice.
“The Government’s Bill includes some important reforms, but falls short of what Veronica’s family have asked for. We hope the Parliament will make changes to the Bill to ensure it reflects what Veronica’s family have asked for.
“The Coronial Inquest into Veronica’s passing was a traumatic process that exposed the failings of Victoria’s bail laws. The Coroner called Victoria’s bail laws a complete and unmitigated disaster. You can’t clean up a disaster with small changes, we need the big changes asked for by Veronica’s family in Poccum’s Law.”
Quotes from Uncle Des Morgan, Chair of the Victorian Aboriginal Legal Service:
“Aboriginal and Torres Strait Islander communities have been devastated by Victoria’s broken bail laws. Especially our women and children who are being put in prison without being convicted at huge rates.
“I am really proud that an Aboriginal family, Veronica’s family, has led the work to make the Victorian Government fix the bail laws. Their work is going to make the bail system better for all Victorians.”
Quotes from Ali Besiroglu, Principal Lawyer at Robinson Gill Lawyers:
“Aunty Donna, a grieving mother, should not need to repeat her demands for a fairer bail system time and time again. Her pleas have already been heard by a Coroner, who mapped out a plan to correct an unmitigated and disastrous bail system.
“We wholeheartedly support Aunty Donna Nelson, Uncle Percy Lovett and the Victorian Aboriginal Legal Service in the collective advocacy for Veronica Nelson and for First Nations people. We call for the complete adoption of Poccum’s Law, and a system which implements all the changes necessary to preserve the lives of First Nations people.”
Quotes from Amala Ramarathinam, Acting Manager Lawyer at the Human Rights Law Centre:
"The Andrews Government has acknowledged that Victoria’s dangerous and discriminatory bail laws are in need of urgent reform. Yet we hold grave concerns that the proposed changes won’t go far enough to stop inflicting unnecessary harm on people, especially Aboriginal and Torres Strait Islander women and women experiencing disadvantage, or prevent a death in custody.
“As the government’s bail bill is debated, we urge Parliament to listen to the clear calls of Veronica Nelson’s family and over 70 Aboriginal, legal, family violence, health and human rights organisations who stand in support of Poccum’s Law.
To get bail reform right, Poccum’s Law must be implemented in full. This means amending the bill to scrap reverse onus provisions, creating a presumption in favour of bail, explicitly requiring that a person must not be locked up if they’re unlikely to receive a sentence of imprisonment, and removing the offence of failing to answer bail. These changes are needed to stop women being needlessly locked up just because they are at risk of family violence, homelessness, economic disadvantage and mental illness”.
Read Poccum's Law here
MEDIA ALERT
Veronica Nelson’s family to address media with renewed calls for Poccum’s Law to fix Victoria’s bail laws
DATE: Tuesday 29 August 2023 at 11AM
WHERE: On the steps of Parliament House, Spring St, East Melbourne VIC 3002
WHO: Aunty Donna Nelson, mother of the late Veronica Nelson
Nerita Waight, CEO of Victorian Aboriginal Legal Service
OTHER: It is expected that there will be 50+ people in attendance from the 74 organisations who are backing Veronica Nelson’s family’s calls.
Contact: Thomas Feng, Media and Communications Manager, Human Rights Law Centre: 0431 285 275.
Media contact:
Thomas Feng
Media and Communications Manager
Human RIghts Law Centre
thomas.feng@hrlc.org.au
0431 285 275
Patrick Cook
Victorian Aboriginal Legal Service
Acting Head of Policy, Communications and Strategy
pcook@vals.org.au
0417 003 910