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Summary
YACVic has joined 93 organisations including Aboriginal Community Controlled Organisations (ACCOs), community services, and family violence and legal sectors to stand together to launch an open letter: ‘Bail Saves Lives: Poccum’s Law is the Way Forward’.
Our organisations strongly condemn the suite of knee-jerk bail changes announced by the Allan government which we know will lead to greater criminalisation of Aboriginal communities and other marginalised communities. Granting bail saves lives. Any bail reform must align with, and not detract from, Poccum’s Law.
Victoria’s previous bail laws were an ‘unmitigated disaster’ that directly led to the death of proud Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman Veronica Nelson, who died in a cold prison cell after her calls for medical help went unanswered. Going back to these unfair bail laws risks lives.
The 2023 bail reforms have only been in operation for 11 months and any changes to tighten bail laws now would be made without a sufficient evidence base. Victoria’s new Youth Justice Act, which introduces a new statewide youth justice regime, is due to commence in September this year. Five years of considered consultation across the ACCO, community and legal sectors went into developing this Act, and we strongly caution against enacting changes to youth bail laws before this new youth justice system can take effect and be implemented.
Recommendations
As a collective voice, we strongly condemn the bail law changes that are planned to be introduced to the Victorian Parliament this March.
This open letter shares ten recommendations for the Victorian Government to implement immediately:
1. Do not amend bail laws for children or adults until a full statutory review can take place
in 2026 that considers longitudinal data and assesses the systemic impact of Victoria’s bail laws.
2. Ensure any bail reform aligns with Poccum’s Law.
3. Immediately make further investment in therapeutic bail support options
which will improve community safety.
4. Do not reinstate double uplift
to ensure people are not locked up on remand for offences unlikely to result in imprisonment.
5. Exclude non-violent and summary offences
from any legislative changes that further restrict access to bail.
6. Expand the jurisdiction of the Koori Court
to hear bail applications.
7. Ensure any amendments to existing bail laws do not prevent children and young people from accessing therapeutic and rehabilitative supports
within the community.
8. Adopt the caution model in the Youth Justice Act for adults
as a mechanism to address alleged offending connected to poverty, mental health, disability and homelessness.
9. Listen to and implement the recommendations of significant previous inquiries
including the Yoorrook for Justice Report and CCYP’s Always Was, Always Will be Koori Children, Our Youth, Our Way, In Our Own and Out of Sight reports as a matter of urgency.
10. To address driving factors of reoffending, the government must effectively fund and invest in:
- Intensive bail supervision and supports, including Aboriginal led models, to support alleged offenders to successfully fulfil their bail conditions and address the causes of their offending.
- Aboriginal led therapeutic and specialist family violence supports and services, including access to legal supports that are based within communities.
It is not too late for the Victorian government to do the right thing by all Victorians, and invest in support services and programs that actually work.