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Tuesday, Mar 18, 2025
Outside the box.
Victoria's Government Faces Backlash Over New Bail Laws Impacting Aboriginal Community
Premier Jacinta Allan announces stringent bail reforms following public outcry and recommendations from a coroner's inquest.
The Victorian Government has come under intense scrutiny from Aboriginal leaders following Premier Jacinta Allan's announcement of new bail laws that are touted to be the most stringent in Australia.
This legislative change, which aims to amend the bail process, is positioned as a response to public safety concerns related to crime in the community.
The announcement follows a tumultuous period beginning with the death of Veronica Nelson, an Aboriginal woman who died in custody in January 2020 after being denied bail on shoplifting charges.
Coroner Simon McGregor, in his January 2023 findings on Nelson’s death, described the existing bail system as a "complete and unmitigated disaster," highlighting the absurdly disproportionate rates of remanding Aboriginal women.
His recommendations called for a comprehensive overhaul of the state's bail laws to improve outcomes for vulnerable populations, particularly First Nations individuals.
In response, the Labor Government had previously modified aspects of the bail test, eliminating certain offences from being considered in bail applications and prioritising remand as a last resort for low-level offenders.
However, less than a year later, Premier Allan has reversed course, citing a misjudgment in the earlier reforms.
She detailed plans to remove the last-resort principle for remand, asserting that Victorian corrections facilities possess the capacity to manage an expected increase in incarcerated individuals.
During the announcement, Premier Allan highlighted the introduction of stringent new bail tests, indicating that these changes would target serious offenses and repeat offenders.
"These new tests will be extremely hard to pass, and we will be introducing new consequences for breaking the rules," she explained.
This includes a second strike rule and newly defined offences associated with bail violations.
Allan asserted that the combination of these changes would establish laws considered the toughest across Australia.
However, Aboriginal community leaders have condemned this initiative as a regressive move.
Nerita Waight, CEO of the Victorian Aboriginal Legal Service, criticized the government’s efforts as a "knee-jerk announcement" that would revert to previous bail practices known to endanger lives.
She emphasized that the reinstatement of harsh bail laws risks jeopardizing the wellbeing of the Aboriginal population, raising concerns that these reforms may insult the memory of Veronica Nelson, whose tragic death was a focal point for calls for reform.
The First Peoples’ Assembly expressed similar dissent, articulating fears that the revised bail laws could exacerbate systemic issues previously outlined by the Yoorrook Justice Commission.
Rueben Berg, co-chair of the Assembly, underscored the need for a comprehensive approach to the criminal legal system—one that channels resources into understanding the root causes of crime rather than enacting blanket policies that could adversely affect Aboriginal people.
In the political sphere, independent Senator Lidia Thorpe has urged federal intervention to safeguard the rights of Aboriginal children amidst evolving state policies.
Thorpe stated that the new bail laws threaten to perpetuate human rights violations and compromise community safety.
Drawing attention to previously documented abuses within the juvenile justice system, she called for stronger national standards to ensure compliance from state authorities in honoring their commitments, particularly regarding Closing the Gap initiatives.
As the situation unfolds, the Victorian Government's approach to handling bail laws and its implications for the Indigenous community continues to generate significant discourse and concern among various stakeholders.
This legislative change, which aims to amend the bail process, is positioned as a response to public safety concerns related to crime in the community.
The announcement follows a tumultuous period beginning with the death of Veronica Nelson, an Aboriginal woman who died in custody in January 2020 after being denied bail on shoplifting charges.
Coroner Simon McGregor, in his January 2023 findings on Nelson’s death, described the existing bail system as a "complete and unmitigated disaster," highlighting the absurdly disproportionate rates of remanding Aboriginal women.
His recommendations called for a comprehensive overhaul of the state's bail laws to improve outcomes for vulnerable populations, particularly First Nations individuals.
In response, the Labor Government had previously modified aspects of the bail test, eliminating certain offences from being considered in bail applications and prioritising remand as a last resort for low-level offenders.
However, less than a year later, Premier Allan has reversed course, citing a misjudgment in the earlier reforms.
She detailed plans to remove the last-resort principle for remand, asserting that Victorian corrections facilities possess the capacity to manage an expected increase in incarcerated individuals.
During the announcement, Premier Allan highlighted the introduction of stringent new bail tests, indicating that these changes would target serious offenses and repeat offenders.
"These new tests will be extremely hard to pass, and we will be introducing new consequences for breaking the rules," she explained.
This includes a second strike rule and newly defined offences associated with bail violations.
Allan asserted that the combination of these changes would establish laws considered the toughest across Australia.
However, Aboriginal community leaders have condemned this initiative as a regressive move.
Nerita Waight, CEO of the Victorian Aboriginal Legal Service, criticized the government’s efforts as a "knee-jerk announcement" that would revert to previous bail practices known to endanger lives.
She emphasized that the reinstatement of harsh bail laws risks jeopardizing the wellbeing of the Aboriginal population, raising concerns that these reforms may insult the memory of Veronica Nelson, whose tragic death was a focal point for calls for reform.
The First Peoples’ Assembly expressed similar dissent, articulating fears that the revised bail laws could exacerbate systemic issues previously outlined by the Yoorrook Justice Commission.
Rueben Berg, co-chair of the Assembly, underscored the need for a comprehensive approach to the criminal legal system—one that channels resources into understanding the root causes of crime rather than enacting blanket policies that could adversely affect Aboriginal people.
In the political sphere, independent Senator Lidia Thorpe has urged federal intervention to safeguard the rights of Aboriginal children amidst evolving state policies.
Thorpe stated that the new bail laws threaten to perpetuate human rights violations and compromise community safety.
Drawing attention to previously documented abuses within the juvenile justice system, she called for stronger national standards to ensure compliance from state authorities in honoring their commitments, particularly regarding Closing the Gap initiatives.
As the situation unfolds, the Victorian Government's approach to handling bail laws and its implications for the Indigenous community continues to generate significant discourse and concern among various stakeholders.
