Premature review of Victoria’s bail laws is a step in the wrong direction

February 05, 2025 |

The Victorian Government has ordered another review of Victoria’s bail laws, which were reformed in March 2024 to be fairer and to reduce recidivism.  

The Victorian community legal sector is concerned that reviewing the laws within two years of implementation is premature, as inadequate data and a time lag between implementation of legislation and impact disqualifies objective analysis of the laws.  

We urge the Victorian Government to wait until the legislation has been in place for at least two years before conducting a review, in line with standard practice. This would give enough time for the Victorian Government to gather and analyse crime data, to make legislative decisions that accurately reflect the impact of the bail reforms on individual and community safety.  

Last year, community legal centres advocated for Victoria’s bail laws to be reformed, on the basis that strict bail laws were disproportionately impacting people experiencing vulnerability, and leading to overcrowded prisons filled with people locked up for months awaiting trial. Incarceration is not only hugely costly to the state, but is strongly linked to worse outcomes for individuals, families and communities. Time behind bars is proven to fuel reoffending, and removes a person from the networks, employment and housing that are essential supports for rehabilitation and moving away from criminal activity.  

Since the bail reforms came into effect last March, community legal centres have acknowledged a notable improvement in the way that people accused of low-level offences have been managed by the bail system, and are deeply disappointed by the prospect of bail reforms being wound backwards, despite the progress that is being made. We are committed to working collaboratively with the Victorian Government and stakeholders towards evidence-based policy solutions that effectively address systemic drivers of crime.  

Louisa Gibbs (she/her), CEO at the Federation of Community Legal Centres Victoria said:  

“It is worrying that such important and game changing legislation as last year’s bail reforms are not being given a chance to take full effect. We know that it takes time for the impact of legislation to kick in, so reviewing the bail laws within such a short timeframe is a knee jerk reaction, and opens up the possibility of overturning the reforms before their true impact is felt. 

“Last year, community legal centres partnered with Aboriginal Community Controlled Organisations and other legal experts to advocate tirelessly for bail laws to be improved, based on their experiences of working with people and communities affected by punitive bail laws. We commended the Victorian Government for acting to create a bail system that is fairer and safer for communities, and for listening to the advice of experts. Let’s now make sure the reforms are embedded before reviewing them.”  

Nerita Waight (she/her), CEO at Victorian Aboriginal Legal Service, believes that the reforms to Victoria’s bail laws have led to improved outcomes for Aboriginal communities. 

“Granting bail saves lives. Using the ‘tough on crime’ rhetoric as a political tool shows nothing but blatant disregard for the lives of Aboriginal and Torres Strait Islander people who were, and continue to be, disproportionately affected by discriminatory bail laws.”  

Maggie Munn (they/them), Director of First Nations Justice at the Human Rights Law Centre, says  

“Children belong in our communities, not locked up in a prison cell. The Victorian Government has flagged bringing back bail laws which were a labelled a ‘complete and unmitigated disaster’ and led to Veronica Marie Nelson, a strong Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman dying in custody.   

“This is another step backwards and directly contravenes the recommendations from the Yoorrook Justice Commission, the 2022 Parliamentary Inquiry, and the Coronial Inquest into Veronica Nelson’s death, all of which recommended urgent and widespread reform to bail laws which were found to be unjust, punitive and entrenched disadvantage.”    

Ariel Couchman (she/her), CEO at Youthlaw, says bail laws need to prioritise children and young people being supported to stay in schools and classrooms, not locked up away from their families and communities in prison cells. 

“This government has already put in place substantial restrictions on bail for young people. Instead of wasting taxpayers' money on a review, they should be investing in health, education, housing and employment. 

Sam Coleman (he/him), Senior Criminal Lawyer at Youthlaw added: “Kids benefit from early intervention the most, and we continue to oppose initiatives like electronic monitoring that criminalise young people. We urge for a commitment to evidence-based policy positions that will combat premature criminalisation and encourage the rehabilitation of young people in Victoria.” 

ENDS. 

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