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Labor’s ‘devastating’ bail laws overhaul sparks outrage from legal, human rights and First Nations groups in Victoria ‘Shame on you, Jacinta Allan’: mother of Aboriginal woman who died in custody says Labor’s bail laws will cost lives
(about 3 hours later)
Proposed changes, which include scrapping principle of remand as ‘last resort’ for youth, condemned as ‘backwards step’ Aunty Donna Nelson accuses premier of insulting daughter’s memory as government moves to reverse reforms made in response to her death
Legal, human rights and First Nations groups have condemned the Victorian government’s overhaul of the state’s bail laws, which will force courts to treat children accused of serious crimes like adults when deciding whether to remand them or release them into the community. The mother of Veronica Nelson, an Aboriginal woman who died while remanded in custody, has condemned the Victorian government’s plan to introduce tough new bail laws, accusing the state premier of insulting her daughter’s memory.
The premier, Jacinta Allan, on Wednesday announced proposed changes to the Bail Act that would result in more unsentenced people being remanded in custody. The premier, Jacinta Allan, on Wednesday announced the government would reintroduce the offence of committing an indictable crime while on bail, which had been scrapped in 2023 following a coronial inquest into Nelson’s death.
“These changes will see more people on remand. These changes will tackle the heart of the issue, which is repeat offending that is of grave concern to Victorians,” Allan said. Nelson, a proud Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman, died in custody in early 2020 after being remanded for alleged shoplifting – a crime that, had she been convicted, would likely not have led to a prison sentence.
The coroner investigating her death found the state’s bail laws had “discriminatory” impact on First Nations people with “grossly disproportionate rates” remanded in custody.
While Allan said Nelson’s death was an “absolute tragedy”, she said her government had “got it wrong” with changes to bail laws made in response to it, and that the current laws “do not reflect community expectations”.
In a statement provided to the Guardian, Aunty Donna Nelson said the premier’s comments were “an insult to my daughter Veronica’s memory”.
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She said her daughter’s death in custody “should never have happened” and that the government’s move “provides the licence for the police and courts to lock more of our people up”.
“Shame on you Jacinta Allan, your lack of leadership will cost lives,” she said.
The Guardian has contacted the premier’s office for comment.
Legal, human rights and First Nations groups have similarly condemned the Victorian government’s proposed overhaul of the Bail Act, which would force courts to treat children accused of serious crimes like adults when deciding whether to remand them or release them into the community.
If passed by parliament, the changes would scrap the principle of remand only as a “last resort” for accused youth offenders. In its place, community safety would become the “overarching principle” when deciding bail for children and adults.If passed by parliament, the changes would scrap the principle of remand only as a “last resort” for accused youth offenders. In its place, community safety would become the “overarching principle” when deciding bail for children and adults.
Repeat offenders of serious crimes, such as aggravated burglary and carjacking, would also face a new bail test, requiring them to prove there is a “high degree of probability” they won’t reoffend. Repeat offenders of serious crimes, such as aggravated burglary and carjacking, would also face a new bail test, requiring them to prove there is a “high degree of probability” they would nott reoffend.
“These changes will see more people on remand. These changes will tackle the heart of the issue, which is repeat offending that is of grave concern to Victorians,” Allan said.
The Police Association welcomed the proposed changes, with secretary Wayne Gatt saying they would “swing the pendulum back in the favour of good, innocent people and families”.The Police Association welcomed the proposed changes, with secretary Wayne Gatt saying they would “swing the pendulum back in the favour of good, innocent people and families”.
But it has sparked outrage in legal circles, who were broadly supportive of earlier changes to the bail laws in 2023 made following a coronial inquest into the death of Veronica Nelson. But Kate Bundrock, the executive director of criminal law at Victorian Legal Aid, called the changes a “backwards step for Victoria,” warning they would cause “serious harm” to vulnerable people facing poverty, homelessness and trauma.
Nelson, an Aboriginal woman, died in custody in early 2020 after being remanded for shoplifting. Michelle Bennett, president of Liberty Victoria, said they were “in complete opposition” to the principle of innocence until proven guilty.
While Allan said Nelson’s death was a tragedy, she said the changes her government had made in 2023 “got it wrong”.
She said as part of the overhaul the government would reintroduce the offence of committing an indictable crime while on bail, which the coroner investigating Nelson’s death found disproportionately impacted First Nations people and women.
Kate Bundrock, the executive director of criminal law at Victorian Legal Aid, called the changes a “backwards step for Victoria,” warning they would cause “serious harm” to vulnerable people facing poverty, homelessness and trauma.
Michelle Bennet, president of Liberty Victoria, said they were “in complete opposition” to the principle of innocence until proven guilty.
“It’s counterproductive and will make the situation worse,” she said.“It’s counterproductive and will make the situation worse,” she said.
The Victorian Aboriginal Legal Services chief executive, Nerita Waight, said the government had “prioritised their political agenda and votes” rather than “tackling the real problems”, such as access to housing, employment, mental health, substance abuse and family violence services.The Victorian Aboriginal Legal Services chief executive, Nerita Waight, said the government had “prioritised their political agenda and votes” rather than “tackling the real problems”, such as access to housing, employment, mental health, substance abuse and family violence services.
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“They have effectively signed the death warrants of those that their institutions and police have successively failed,” Waight said.“They have effectively signed the death warrants of those that their institutions and police have successively failed,” Waight said.
Victorian senator Lidia Thorpe said the move was a “shameful kneejerk reaction”, which contradicted the federal government’s Closing the Gap target to reduce the number of Aboriginal and Torres Strait Islander youth in custody. The Victorian senator Lidia Thorpe said the move was a “shameful kneejerk reaction” which contradicted the federal government’s Closing the Gap target to reduce the number of Aboriginal and Torres Strait Islander youth in custody.
“It’s despicable that after Veronica Nelson’s family went through the trauma of a coronial inquest, and fought so hard for change, Allan has backflipped so quickly,” Thorpe said.
The Australian Lawyers Alliance, Human Rights Legal Centre, Federation of Community Legal Centres and Justice Reform Initiative were also critical of the proposed reforms.The Australian Lawyers Alliance, Human Rights Legal Centre, Federation of Community Legal Centres and Justice Reform Initiative were also critical of the proposed reforms.
The announcement follows weeks of pressure from the opposition and media on the “youth crime crisis” in the state, which includes the Herald Sun’s “Suburbs Under Siege” campaign and a “Bring on Bail Reform” petition by FM radio hosts Fifi, Fev and Nick.The announcement follows weeks of pressure from the opposition and media on the “youth crime crisis” in the state, which includes the Herald Sun’s “Suburbs Under Siege” campaign and a “Bring on Bail Reform” petition by FM radio hosts Fifi, Fev and Nick.
Labor MPs have also crime continues to be raised by their constituents. Several posted on social media spruiking the proposed changes on Wednesday. Labor MPs have also said concerns about crime continue to be raised by their constituents. Several posted on social media spruiking the proposed changes on Wednesday.
The attorney-general, Sonya Kilkenny said she was driven to act after meeting with crime victims. The attorney general, Sonya Kilkenny, said she was driven to act after meeting with crime victims.
“I met with a victim of crime …. [who] spoke about the fear and terror that her children are experiencing, and she looked at me and said, ‘The people who did this were out on bail. How did this happen?” she said. “I met with a victim of crime … [who] spoke about the fear and terror that her children are experiencing, and she looked at me and said, ‘The people who did this were out on bail. How did this happen?’” she said.
“I didn’t have an answer for her. To me, that was so compelling.”“I didn’t have an answer for her. To me, that was so compelling.”
Police and government have previously said there are about 300 repeat youth offenders of concern, with an even smaller group of about 25 responsible for most of the alleged offending.Police and government have previously said there are about 300 repeat youth offenders of concern, with an even smaller group of about 25 responsible for most of the alleged offending.
The government plans to ram the legislation through parliament in next week, angering crossbenchers. The government plans to ram the legislation through parliament in next week and will likely have to rely on the Coalition opposition’s support for it to pass the upper house.
The Greens’ Katherine Copsey described the proposed changes as “policy on the run from a panicking premier”, while Animal Justice Party MP Georgie Purcell said she would struggle to do the work to prepare before parliament returns on Tuesday. The shadow attorney general, Michael O’Brien, said the opposition needed more detail before forming a position on the bill.
“Changes to bail laws are very serious … They should not be rushed or forced upon us in a way that doesn’t allow proper consultation or consideration,” she said.
Legalise Cannabis leader Rachel Payne said she expected the government to make a deal with the Coalition to pass the bill.
Shadow attorney-general Michael O’Brien said the opposition needed more detail before forming a position.
“The premier admitted she got it badly wrong the last time she introduced bail changes, so why would we trust her this time?” he said.“The premier admitted she got it badly wrong the last time she introduced bail changes, so why would we trust her this time?” he said.