Allan Government rams through dangerous and discriminatory bail laws, repeating mistakes of the past
Bail saves lives, but early this morning the Allan Government rammed through dangerous and discriminatory bail laws which will deeply harm Aboriginal and Torres Strait Islander communities and breach human rights.
The laws have been condemned by 93 Aboriginal, human rights, community, family violence and legal organisations, and will needlessly lock away more people – particularly Aboriginal women and children experiencing poverty, family violence and mental illness – before trial or sentencing.
Victoria’s previous bail laws were labelled a “complete and unmitigated disaster” in the inquest into the tragic and preventable death of proud Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman Veronica Nelson, who died in custody after being refused bail.
Instead of ensuring that what happened to Veronica never happens again, the Allan Government has wound back reforms made after her death and rushed through changes that:
scrap the requirement to consider that detention is a measure of last resort for children, contrary to Victoria’s Charter of Human Rights and Australia’s obligations under the UN Convention on the Rights of the Child;
expand the range of offences subject to harsh, reverse onus bail tests which presume that bail will be denied and have been found to be incompatible with the right to liberty under Victoria’s Charter of Human Rights; and
revive two bail offences which carry potential prison sentences and risk incarcerating people for minor offending. These offences were only removed last year, following sustained advocacy by the family of Veronica Nelson and recommendations from the inquest into her death.
Disappointingly, during the debate the Allan Government confirmed there were no plans to raise the age of criminal responsibility to at least 14. This means that vulnerable young children will be subjected to punitive changes.
Instead of funnelling more money into prisons and locking up children, the Allan Government must listen to evidence and experts. This means investing in support programs, including Aboriginal-led models, that keep people out of the criminal legal system in the first place. The Allan Government must also drop further punitive changes, expected to be introduced in a second tranche of the Bill, and instead implement Poccum’s law in full - developed by the family of Veronica Nelson.
Nerita Waight, CEO, Victorian Aboriginal Legal Service said:
“It is sickening hearing the Allan Government boast about how ‘tough’ their new bail laws are, after they looked Aunty Donna Nelson in the eyes and apologised for her daughter Veronica’s death – which would not have happened if it weren’t for their discriminatory and punitive bail laws. Tightening bail laws only causes more harm to Aboriginal Communities, there is clear and ample evidence on this.
“There is still time for Premier Allan to show strong leadership by listening to the experts, taking an evidence-based approach and investing in what actually works – early intervention, preventative, community-based supports that address the underlying causes of offending behaviour.”
Maggie Munn, First Nations Director at the Human Rights Law Centre said:
“It is deeply shameful that the Allan Government has refused to learn from past policy failures, and instead capitulated to the tabloid media to entrench dangerous bail laws that undermine people’s right to liberty, worsen the mass incarceration of Aboriginal people, and condemn generations of children and adults to the damage and trauma of imprisonment.
“Needlessly locking people up and cutting them off from their family, community and support does not keep the community safe. Entrenching people in the criminal legal system is dangerous and could lead to more people dying behind bars.”
Louisa Gibbs, CEO, Federation of Community Legal Services Vic said:
“Victoria's community legal sector is united in our position that rewinding bail laws is a costly and dangerous mistake that will cause far more harm than good, without addressing community safety. Rushing through serious bail changes without sufficient evidence or consultation risks imprisoning people for non-violent or minor breaches of bail for longer periods as court delays drag out time spent in custody. Data shows that when people are incarcerated, including on remand, they are more likely to offend again. So, locking up more people runs the risk of more offending in our community in the long term.
“Community legal centres remain steadfast in our support for bail laws that are safe, fair and effective. We will continue to back the powerful advocacy led by the Victorian Aboriginal Legal Service for full implementation of Poccum's Law.”
Nina, Family Violence Justice Project Coordinator, Flat Out said:
“After the last kneejerk “toughening” of bail laws in 2018 thousands more women were imprisoned. 65% were locked up on remand for less than a month and released without ever being sentenced. I am one of those women. I am angry and confused, sitting in fear of what will come next.
“We know prisons don’t prevent violence, they are violent. With our children and families still suffering and our communities still recovering as we make our best attempt to rebuild our lives, we ask "How is it we are here again?"
Media contact:
Chandi Bates
Human Rights Law Centre
0430 277 254
chandi.bates@hrlc.org.au
Maddy Stenmark
Victorian Aboriginal Legal Service
0490 861 899
mstenmark@vals.org.au
Karen Fletcher
Flat Out
0418 793 117
karen@flatout.org.au