Fairer bail laws passed by the Victorian Parliament last year are already having a positive impact – allowing more people to access the supports they need while remaining connected to their loved ones and community. The Victorian Government should implement Poccum’s Law in full so that more of our people can stay safe.
Remand data shows that the total number of people held on remand in Victoria fell from 2,299 at the end of March (when the laws were enacted), to 1,994 people by the end of June – a 14.3% drop.[i]
However, the reforms have not yet resulted in a reduction of the overincarceration of Aboriginal and Torres Strait Islander people – a stated aim of the reforms and a goal the Victorian Government is committed to through the Closing the Gap and Aboriginal Justice Agreements.
There has been a 14.6% reduction in the number of Aboriginal and Torres Strait Islander people held on remand between March and June – in line with the reduction of the overall population held on remand.[ii]
When the reforms were being debated in Parliament, Attorney-General Jaclyn Symes said, “We certainly know that Aboriginal people are over-represented in the criminal justice system, and it includes having higher remand rates… so it is those cohorts that we are hoping have the greatest benefit.”
We hope that bail decision makers, particularly Victoria Police, will improve their efforts to ensure the goals of the bail reforms are delivered and that the overincarceration of Aboriginal and Torres Strait Islander people is meaningfully reduced.
Some media and politicians have been spreading rumours that it is easy for Aboriginal people to get bail now, but the data proves that is a lie.
Shadow Attorney-General and former Opposition Leader Michael O’Brien said the “bail laws made it much easier for Aboriginal people to obtain bail.”[iii] Since walking away from Treaty, the Liberal Party has continually spread this kind of misinformation about Aboriginal people in the hopes that they will benefit politically. Aboriginal people are no one’s political football.
It is important to remember that it was Aboriginal communities that fought for the bail reforms that hundreds of people are now benefitting from, because prisons are not safe places for our people. We are always striving to create a better Victoria, not just for our own communities but for all, because as a people we put the interests of healing and justice before petty politics.
We acknowledge that these reforms came at the cost of the life of Veronica Nelson. A proud Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman who should be with us today. Veronica’s family have struggled for justice and forced the Victorian Government and Parliament to make changes to the bail laws because they believe that Poccum’s Law, a set of reforms that would make bail decisions fair and easier will deliver the best results for every community and ensure no other family loses their loved one needlessly.
We estimate that the reduction in the number of people held on remand in Victoria is saving around $1 million a week.[iv] This is money that should be prioritised to support those on bail to be successfully diverted from the system as we all strive for a better Victoria.
The total number of people in prison in Victoria has dropped below 6,000 for the first time in many years, after peaking at well over 7,000 people prior to the covid pandemic.
Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:
“When governments listen to Aboriginal people, everyone benefits and we create a stronger and fairer Victoria. Our people knew the bail laws had to change, and they did the hard work to propose evidence-based solutions.”
“It is great that there are fewer Aboriginal people in Victoria’s prisons and VALS will continue working with our communities, governments, and the legal system to end the overincarceration of our people as quickly as possible – and ensure resources are directed towards preventing people from interacting with the justice system.”
“The Victorian Government is required to commission a review of the bail laws by 2026 and we hope that they will adopt Poccum’s Law in full – anything less would be a failure.”
“In recent weeks we have noticed that certain media outlets and politicians have spread misinformation about Aboriginal people for their own gain. Aboriginal people are not political footballs to be bandied about at will. We are strong and proud peoples who work hard to create a better Victoria. There should be consequences for people and parties who choose to re-enliven racial stereotypes and biases.”
[i] Corrections Victoria, Monthly time series prison and community corrections data
[ii] Corrections Victoria, Aboriginal and Torres Strait Islander monthly time series prison and community corrections data
[iii] @michaelobrienmp, https://x.com/michaelobrienmp/status/1815596241595863493
[iv] It costs about $420 a day to hold someone in prison (https://www.miragenews.com/victoria-prison-costs-skyrocket-due-to-lack-of-926854)