March 12, 2025 | Katie Wand
Victorian community legal centres strongly oppose the Premier’s announcement to overhaul bail laws and reinstate previous laws that were an “unmitigated disaster”, and led to the tragic and preventable death in custody of Aboriginal woman Veronica Nelson.
Victorian community legal centres strongly oppose the Premier’s announcement today to overhaul bail laws and reinstate previous laws that were an “unmitigated disaster”, and led to the tragic and preventable death in custody of Aboriginal woman Veronica Nelson.
The Victorian community legal sector is calling for the Victorian Government to urgently rethink winding back the 2023 bail reforms, which were evidence-based and developed in consultation with legal experts and impacted communities. They have been in operation for only 11 months and there has not been enough time or data to evaluate their effectiveness.
Today’s announcement is a knee-jerk response away from strong, evidence-based policy making. In Victoria, 80 per cent of people entering prison are on remand and therefore removed from support networks and rehabilitative programs. Many people on remand do not receive a custodial sentence, and should not ever have been incarcerated.
Community safety requires investment in early intervention and community-based prevention, not harsher bail laws that will capture marginalised communities committing low level offending. Stricter bail laws will increase prison populations and future offending.
Research consistently shows that any duration of incarceration, including on remand, is a top risk factor for reoffending, particularly for young offenders. Young offenders who are diverted away from prisons are significantly less likely to reoffend. Removing the requirement that remand be used only as a last resort for children will unjustly and disproportionately impact Aboriginal children and children in out-of-home care with significant trauma backgrounds.
Reintroducing bail offences and tightening bail laws will punish community members for minor offences and non-criminal behaviour, such as children in residential care who will be denied bail for missing a meeting at a police station or a 10pm curfew as a condition of bail. Rushed measures also risk criminalising women and young people who are victims of family violence but have been misidentified as perpetrators, particularly Aboriginal women and children.
We urge the Victorian Government to avoid repeating the mistakes of the past and risking the lives of Victorians like Veronica Nelson. Instead of criminalising people experiencing poverty, homelessness, mental health issues, family violence, drug and alcohol addiction, and trauma, the government should invest in community supports that address the root causes of their offending. It’s time to reject failed punitive approaches and embrace effective policies that prioritise rehabilitation and community safety, such as Poccum’s Law.
Louisa Gibbs, CEO at the Federation of Community Legal Centres said:
“Today, the community legal sector is deeply disappointed and disheartened by the Victorian Government’s decision to ignore the evidence and reinstate bail changes that have proven ineffective in the past.
“The reality is that keeping people incarcerated, particularly on remand, without rehabilitation or access to social services, does not make our communities safer. It sets up a cycle of recidivism that costs taxpayers millions of dollars annually. With this money, we could invest in community programs and services that focus on education, employment opportunities, and rehabilitation—solutions that are proven to reduce crime and improve long-term community safety.
“The Victorian Government did not ‘get it wrong’ in 2023, when bail reform was enacted as a product of many months of consultation with legal experts and the community. It is not too late for the Victorian Government to rethink today’s announcement, and to reflect on what this rushed decision will actually mean for marginalised communities it should protect.”
For the opportunity to speak with Louisa Gibbs, CEO at the Federation, or another spokesperson from a Victorian community legal centre or Aboriginal legal service, please contact Katie Wand on 0435 294 859 or at [email protected].
