Premier Allan’s announcement of a premature review into Victoria’s bail law reforms is proof that her Government cares more about polling numbers than keeping our communities safe.
Only 10 months ago, Victoria’s bail reforms came into effect. These reforms were the result of extensive advocacy from Aboriginal communities, legal experts and the family of Veronica Marie Nelson following her tragic death in custody in 2020. Veronica was a strong Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman. Victoria’s unfair and discriminatory bail laws put Veronica in prison for minor shoplifting related charges. Veronica passed away in that prison, alone and isolated from culture and support. In the Coronial Inquest into Veronica’s passing, the Coroner found that the state’s bail laws discriminated against Aboriginal people and were incompatible with Victoria’s Human Rights Charter.
Aboriginal and Torres Strait Islander peoples have been targeted by the state since early colonisation, in an unbroken chain of harmful interventions that have removed children from their families, imprisoned them, subjected them to state-sanctioned violence, and denied them their culture, freedom and humanity.
Australia’s current criminal legal systems are grounded in violence, racism, the lie of terra nullius, and the denial of Aboriginal self-determination. They were established with the purpose of criminalising and controlling Aboriginal and Torres Strait Islander peoples in order to destroy the oldest continuous culture on earth.
By ignoring expert advice, the Victorian Government is placing more Aboriginal peoples’ lives at risk by allowing them to be subject to the trauma and isolation of being incarcerated thus continuing the colonial project. VALS has seen countless examples of how the recent bail reforms are improving the lives of our clients. We’re not seeing community members being remanded on minor crimes such as shoplifting and instead being given the opportunity to be supported within their community.
This decision is an active one that delegitimises their commitment to Treaty and calls into question their prioritisation of community safety. True ‘community safety’ cannot exist until the response to offending behavior is based on prevention and early intervention, and lead with therapeutic and trauma-informed approaches – something that the government could choose to invest in now rather than perpetrating the same tired response.
If the Government must persist with this premature review then it should involve consultation with the sector on the scope and application of the review with VALS, the Aboriginal Justice Caucus, ACCO and legal sectors who advocated extensively for these bail reforms. It should be a review that is premised on improving Victoria’s bail laws not on improving the Premier’s polling numbers.
Quotes attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service (VALS):
“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.”
“Instead of continuing to pander to this scare campaign by VicPol and the conservative media, the Victorian Government should invest in other reforms. Those set out by Yoorrook for Justice in its landmark report on Criminal Justice, less than 10% of which the Victorian Government said they supported in full, would be a good place to start. The Government have had many chances to hear directly from Aboriginal Communities about what we want throughout the Yoorrook process – again, they have chosen to block their ears.”
“Aboriginal-led programs that keep our people safe through early intervention, prevention and diversion programs must also be prioritised if ‘community safety’ is to be achieved.”
“It’s perplexing that Premier Allan’s government would announce this review without any prior consultation with the advocates who worked tirelessly to keep Aboriginal and Torres Strait Islander communities safe by amending the bail laws, including Aboriginal Community-Controlled Organisations and the Aboriginal Justice Caucus.”
“Our communities know what is best for us, and a meaningful Treaty is one that centres Aboriginal-led reform. How can we trust the Victorian Government to deliver a genuine Treaty when it insists on keeping it’s foot on the neck of Aboriginal communities through tough law and order approaches?”
Quotes attributable to Aunty Donna, mother of Veronica Nelson:
“These positive reforms were only achieved because I lost my daughter due to the harsh and discriminatory bail laws that existed at the time. Without Veronica, this change would not have happened, and because of Poccum’s Law we created a safer bail system for all Victorians. This decision by government flies in the face of that.”
“The Chief Commissioner and the Attorney General at the time looked me in my eyes and promised to make bail conditions better, because of what Veronica and my family suffered. Where are those promises now?”
Quotes attributable to Aunty Marion Hansen and Chris Harrison, Co-Chairs of the Aboriginal Justice Caucus (AJC):
“We need life-saving reforms to bail to stay, not knee-jerk reviews for short-term political point-scoring.”
“As co-chairs of the Aboriginal Justice Caucus, we are deeply concerned about the current review of bail laws and the far-reaching consequences it may have on Aboriginal peoples. Our communities are already overrepresented in the justice system, and any changes to bail laws that fail to consider the unique circumstances and systemic barriers we face could exacerbate this disparity.”
“Aboriginal peoples are disproportionately impacted by discriminatory bail practices, with many finding themselves unnecessarily detained due to factors such as poverty, lack of access to legal support, and cultural misunderstandings within the system. A review that overlooks these issues risks deepening the injustices already endured by our communities.
“It is vital that any reforms to the bail system are informed by the lived experiences of Aboriginal peoples and are grounded in genuine consultation with the Aboriginal Justice Caucus. If the Victorian Government is truly committed to justice, it must take meaningful steps to ensure that changes to bail laws do not perpetuate the cycle of over-incarceration and harm that disproportionately affects our communities.”
“Once again realisation of Aboriginal Community calls for change are impeded by politicians pandering to polls, and fear-mongering critics blind to Aboriginal realities.”