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VALS, the Aboriginal Justice Caucus (AJC), the Koorie Youth Council (KYC), the Federation of Community Legal Centres (FCLC) and the Human Rights Law Centre (HRLC) are urging the Victorian Government to not proceed with tranche two of the proposed bail amendments being introduced in the final sitting week of July, as announced by Premier Allan last week.

The numbers of people incarcerated have already increased significantly due to the Tranche one amendments, with over 60% of the youth justice population being unsentenced and 40% of the adult population. VALS’ Balit Ngulu program has seen a 300% increase in the number of clients being denied bail since June last year, and our Criminal Practice has seen a 216% increase in the same reporting period.

Tranche two of the Victorian government’s ‘tough’ bail laws are a disaster waiting to happen. The prison system is already overwhelmed and inundated, with base levels of care not being met for people who are currently incarcerated. The amendments of tranche two are reckless and will inevitably result in more Aboriginal deaths in custody.

The Allan Labor government is wrongly viewing the increased numbers of people locked up before trial as an achievement and a move towards safer communities, rather than a policy failure which is driving up over-incarceration rates of Aboriginal people yet again. Prolonged detention of people who are unsentenced violates international human rights and rights protected under Victoria’s Charter of Human Rights and Responsibilities. Remand centres are overpopulated and prisons are experiencing unprecedented lockdowns due to staffing shortages which have a direct link to the Victorian government’s ill-informed policy decisions.

The proposed High Harm test will drive up remand rates in Victoria even further. Since similar tests were introduced in NSW, the Aboriginal Legal Service in NSW has seen over 90% of Aboriginal children being denied bail and locked in youth prisons, causing even more undeniable harm. The proposed Two Strike test reintroduces a previously scrapped uplift mechanism described by the Coroner’s Court of Victoria as an “unmitigated disaster” after the tragic death of Veronica Nelson, who died alone in a cold prison cell for minor charges she should never have been locked up for. We do not need another coronial inquest to tell us how disastrous these amendments will be for Aboriginal people, who are already at higher risk of criminalisation.

The government by its own admission1 has acknowledged ongoing lockdowns across corrections facilities, due to staffing shortages. These lockdowns are causing protracted disruptions in peoples’ access to essential programs and healthcare, with significant impacts to their mental and physical health with noticeably higher rates of self-harm and suicidal ideation. The Victorian government, as well as corrections staff, have a duty of care to everyone who is incarcerated and to ensure their rights are upheld and protected. We are open to working with the Victorian government to develop and implement community-led solutions that will address the underlying causes of offending behaviour, by providing holistic, wrap around therapeutic supports. Given that much of the Youth Justice Act is coming into effect in September this year, the government should honour the significant work that led to its passing and give time for the reforms to take effect, including the Enhanced Bail Support Service.

We urge the Victorian government to stop the introduction of Tranche Two amendments before it’s too late. If they proceed, it is only a matter of time until we have another preventable Aboriginal death in custody. That is a devastating loss for any family and community. This would be a damning indictment on a government that has committed to the development of the 5th Aboriginal Justice Agreement, and is on the cusp of announcing Victoria’s first treaty and its commitments under the National Agreement on Closing the Gap and Wirkara Kulpa.

Quotes Attributable to Aunty Marion Hansen and Chris Harrison, Co-Chairs of the Aboriginal Justice Caucus:

“As Co-Chairs of the Aboriginal Justice Caucus, we categorically reject tranche two of the bail amendments. These laws are already disproportionately denying bail to Aboriginal people, including children, and resulting in increased and unnecessary detention.

This is a failure of justice and a breach of human rights.

The Victorian Government cannot claim to uphold self-determination or honour the Aboriginal Justice Agreement while advancing policies that increase incarceration and risk further preventable deaths in custody. The Royal Commission into Aboriginal Deaths in Custody set clear warnings that must be heeded. The impacts of tranche one are evident. Proceeding with tranche two is unjustifiable.

We call on the government to immediately halt tranche two, engage in genuine partnership with Aboriginal communities, and invest in culturally safe, evidence-based solutions that address the root causes of offending. Anything less undermines the safety and wellbeing of Aboriginal people.”

Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:

“We are asking the government to not proceed with the Tranche two of the bail amendments. With legal and corrections systems in a state of crisis, the proposed amendments represent a tragedy waiting to happen. As the only Aboriginal Legal Service in Victoria representing Aboriginal children, young people and adults in bail applications we are seeing firsthand the impact of Tranche One, and it is frightening. 34 years on from the Royal Commission into Aboriginal Deaths in Custody and it appears the government has learnt nothing. It feels like we are now just waiting; waiting for yet another preventable death in custody, waiting for the government to listen to us and invest in community led, self-determined solutions.

We are done waiting.

Our message is clear – it is fundamentally irresponsible to progress with Tranche two. The risk to human life is too high. These dangerous amendments will fail to meet the government’s intentions around community safety because punitive, regressive policies do not work. Instead, they will cause significant harm to our community as we see legal and corrections systems pushed to breaking point.”

Quotes Attributable to Bonnie Dukakis, CEO of the Koorie Youth Council:

“Where is the evidence that this kind of punitive approach works? Where is the investment in self-determined, culturally safe and trauma-informed, preventative and early intervention supports for our young people? We have the solutions, government just need to listen to and invest in us, then we will be able to achieve a shared vision of a safe and just society for all Victorians.”

Quotes Attributable to Louisa Gibbs, CEO of the Federation of Community Legal Centres:

““The proposed “Two Strike” bail test risks locking up and over-crowding people into prisons for minor and non-violent behaviour, before they’ve been found guilty. When prison systems are under pressure, the lives and wellbeing of the human beings locked up are put at risk. The Victorian Government has the power to press pause, consult and make evidence-based and safe decisions.”

“Making bail tougher by removing judicial discretion is not the answer. The reality is that keeping people incarcerated on remand without rehabilitation or access to social services sets up a harmful and costly cycle of recidivism. To make our communities safer, governments need to invest in early intervention and prevention – through investing in health, education and social services that support our communities to thrive.”

Quotes Attributable to Caitlin Reiger, CEO of the Human Rights Law Centre:

“Bail saves lives. Victoria’s regressive bail laws are already driving up the number of people in prison and are incompatible with our Charter of Human Rights. The proposed laws undermine everyone’s basic right to liberty, including the right for a person awaiting trial not to be automatically detained in custody, and the right to be presumed innocent until proven guilty.

“The Allan Government should not proceed with the second tranche of dangerous bail laws – they are a tragedy waiting to happen. The Allan Government should instead implement Poccum’s Law in full to make Victoria’s bail laws safer and fairer for everyone.”