Victoria has introduced a new bail reform after legislation passed State Parliament late on Thursday night.
The reform follows a government review of bail laws last month, amid growing concerns over rising crime.
Under the new law, “committing an indictable offence while on bail” or breaching bail conditions are now criminal offences.
A second bill, aimed at introducing the “toughest bail tests,” is set to be introduced later this year.
Background
The Victorian Government has amended bail laws several times in recent years, including loosening rules around bail tests in October 2023.
That change came after Coroner Simon McGregor described the state’s bail laws as a “complete and unmitigated disaster” in a report on the death of Veronica Nelson, a 37-year-old First Nations woman who died in custody.
Nelson was arrested on an outstanding warrant for shoplifting and denied bail in December 2019. She died in custody after being extremely unwell for three days.
Bail reforms
On Thursday night, the Government passed a new, tightened bail law through Parliament. It is now a separate offence to commit an “indictable offence” while on bail, or breach bail conditions.
People found guilty of these standalone crimes face up to three months in prison, in addition to any other sentences they receive, or an almost $6,000 fine.
Your contribution ensures The Daily Aus can continue doing the work you love.
I want to give $10 monthly to help TDA keep doing the news.
Your details:
Under the new law, police will be able to take people suspected of breaching bail conditions directly to court, rather than waiting for a bail justice. A bail justice is a trained volunteer who decides whether or not to grant bail.
Bail tests
Later this year, the Government will introduce new laws to toughen bail tests, making it less likely for people charged with crimes such as home invasion, aggravated burglary, and armed robbery to be granted bail — “even on the first charge”.
A bail test is the process by which a court assesses a person’s risk to the community if they are released while awaiting trial.
Changes to bail tests will take effect in a few months’ time. The Government said the delay is to ensure it can manage an increase in people taken into custody.
Comments
Premier Jacinta Allan said the changes are not about “punishing people who have not yet had their day in court,” but are focused on community safety.
A coalition of 93 First Nations, human rights, family violence, and legal organisations condemned the laws as “dangerous and discriminatory”, warning they risk “repeating mistakes of the past”.
First Nations Director at the Human Rights Law Centre, Maggie Munn, said the laws risk undermining “people’s right to liberty [and] worsening the mass incarceration” of First Nations people.
