Victoria criticized for breaking trust with Indigenous community by implementing sudden bail regulations

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Aboriginal people in Victoria have condemned the state government after Premier Jacinta Allan announced they would introduce harsh new bail laws that will be “the toughest in Australia”.

The Victorian Government changed its bail laws in 2023, following recommendations from a coronial inquest into the death in custody of First Nations woman Veronica Nelson.

Ms Nelson died alone in a cell on January 2, 2020, after being arrested for shoplifting offences and being denied bail.

Her mother, Aunty Donna Nelson, said in a statement to Guardian Australia 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.

When he handed down his findings into Ms Nelson’s death in January 2023, Coroner Simon McGregor recommended sweeping changes to Victoria’s bail laws, calling the system a “complete and unmitigated disaster” and saying it led to “grossly disproportionate” rates of remand for First Nations women.

The Labor Government’s made changes to the bail test and the factors that were required to be considered; repealed two offences and addressed remand for those accused of relatively low-level offences on vulnerable cohorts, including Aboriginal people.

But less than a year after coming into effect, Premier Allan says the government made a mistake changing the laws and that they are now removing the principle of remand as a last resort – and that the Corrections system has capacity to cope with the increase in numbers.

‘Toughest laws in Australia’

“We’re also going to create tougher new bail tests, tougher laws, so that these new tests will be focused on the worst of crimes, particularly those crimes where we are seeing repeat offending in our community,” she said.

“These new tests will be extremely hard to pass, and also we will be introducing new consequences for breaking the rules.

“There must be respect for bail … that is why these new consequences for breaking the rules will introduce new offences and … a second strike rule for those who commit offences on bail.

“The combination of these changes will see the laws we are introducing, they’re the toughest laws in Australia.”

But Victorian Aboriginal Legal Service chief executive Nerita Waight told NITV that the Allan Government’s “knee-jerk announcement” was a return to the past, reintroducing the worst of Victoria’s previous bail laws.

“For us, this announcement is betrayal to our people, because we know that granting bail saves lives, and going back to those failed bail laws is just repeating the same old time mistakes,” she said.

“We already know that Victoria’s previous bail laws were an unmitigated disaster that directly led to the death of Veronica Nelson, who died in a cold prison cell after her calls for medical help went unanswered and going back to those unfair bail laws risk the same outcomes.

“It is effectively signing our death warrant.”

The First Peoples’ Assembly also condemned the bail reforms, warning they will repeat the mistakes of the past and saying they were deeply concerned that the new laws will worsen the systemic issues identified by the Yoorrook Justice Commission.

Gunditjmara man Rueben Berg, First Peoples’ Assembly co-chair said the criminal legal system requires a holistic approach that balances public safety with long-term solutions, which address the root causes of crime.

“First Peoples in Victoria share the broader community’s concerns about violent crime – we are impacted by it too,” he said.

“But the evidence is clear: rushed, knee-jerk reforms will disproportionately harm Aboriginal people, lumping petty offences together with serious crimes under the same laws.

“We urge the Government to avoid politically driven reactions to complex issues.”

Mr Berg called for adequate investment in diversion programs and alternative pathways.

“Safe and strong communities are built by addressing the root causes of crime, not by bypassing consultation with Aboriginal community experts,” he said.

“We need solutions developed with us, not imposed on us.”

Federal intervention needed: Thorpe

Independent Victorian Senator Lidia Thorpe said the federal government should intervene to ensure states and territories uphold human rights of children.

“We all want safer communities and for children to have good opportunities in life but to achieve that, we need to start supporting children and their families,” she said.

“Locking up children has never worked.”

Senator Thorpe said the recent and incarceration system revealed that there are multiple levers that the federal government could use.

“The inquiry heard clear evidence of widespread human rights abuses and overwhelming evidence that jailing children does not reduce crime,” she said.

“Yet, state governments continue to breach Australia’s human rights obligations and their Closing the Gap commitments …

“If the federal government is serious, it must take stronger action.

“I have been calling for strong national standards to force states and territories to follow the evidence instead of using children as political scapegoats.”