Andrews Government’s proposed bail changes fall short of recommendations
Thousands of people will continue to be senselessly funnelled into Victoria’s prisons by the Andrews Government under deferred proposed changes to bail laws, according to the Human Rights Law Centre.
The proposed Bill delays implementation of reforms by 6 months. This comes despite the family of Veronica Marie Nelson, a strong Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman who passed away in custody, calling on the Andrews Government to implement urgent, wholesale changes to Victoria’s bail laws in the next 3 months and for these reforms 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’.
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.
The changes introduced by the Andrews Government fall short of meeting Coroner McGregor’s recommendations and the family’s calls. In addition to the delay, reverse onus provisions will remain, and a bail offence will remain. People who are unlikely to be sentenced to imprisonment will continue to wait for a court hearing behind bars.
In March this year, 56 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, supported the family’s calls and urged 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.
Key proposed changes in the bail laws: 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.
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 it is delaying these changes to the Bail Act by six months, and the changes don’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.
“If the Andrews Government is serious about addressing its botched bail laws and meeting its obligations under the Victorian Charter of Human Rights, it must implement Poccum’s Law. This includes scrapping the 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.
“The family of Veronica Nelson have led the calls for fair bail laws with tremendous strength. They must be listened to, and the Andrews Government must act on their calls for change.”
Background
Following knee-jerk amendments to Victoria’s bail laws, thousands of people have been thrown into Victoria’s prisons. Since 2018, the number of Aboriginal and Torres Strait Islander women in prison has almost doubled, and right now a staggering 42.1% of people in prison are unsentenced and awaiting a court hearing or trial.
Victoria’s bail laws have destroyed families and communities and put people’s lives at risk. They have led to a soaring prison population, even though Victoria’s crime rates have flat-lined.
Media contact:
Thomas Feng
Media and Communications Manager
0431 285 275
thomas.feng@hrlc.org.au