Victorian government backflips on youth bail reforms

Dechlan Brennan
Dechlan Brennan Published October 5, 2023 at 7.30am (AWST)

The Victorian government has reneged on a promise to make it easier for young people accused of crimes to receive bail, despite having the support for it to pass state parliament.

Attorney-general Jaclyn Symes confirmed on Wednesday she will move amendments for youth to have the presumption for bail as part of a standalone Youth Justice Bill in early 2024.

Until it is implemented, the test for bail will remain the same for both children and adults.

The original Bail Amendment Bill, which was to include the presumption of bail clause of youth accused of a crime, is expected to pass parliament today.

The government had initially planned to introduce a presumption of bail for children accused of any crime bar terrorism and homicide offences. It had enough support on the cross bench for this to happen.

Other elements of the bill, including the banning of offenders charged with low-level offences from being held in remand, as well as the repealing of a range of bail-related offences introduced in 2013.

Ms Symes said in a statement on Wednesday the reforms were "sensible, proportionate and necessary".

"They get the balance right and address the most urgent changes needed to our bail system so that we have a more balanced approach for those accused of minor, non-violent offending," she said.

"We also have a responsibility to make sure Victorians know that their safety is at the forefront of deciding who gets bail.

"We are still dedicated to amending the system for young people applying for bail - but this work makes more sense as part of a broader Youth Justice Bill."

Ms Symes will also move to make an amendment of the bill in order to implement a review of the laws after two years, to ensure they are working as they should be.

On Thursday, Ms Symes denied she and the government had backflipped.

"How you apply a holistic system to youth offending is going to be a better conversation in a couple of months time...as opposed to the bail reforms right now, she told reporters.

"It is unconnected in a sense from the advocacy in relation to the coroner's findings from the tragic passing of Veronica Nelson that did not look at child bail.

"So there are separate issues both in my remit and I'm dealing with them separately as I think it makes more sense to the public. Particularly in light of recent incidences involving young offenders that have been quite serious."

When asked if the decision was purely political, Ms Symes stated, "We also have a responsibility to ensure that the perception of safety is maintained. As I've outlined, child bail reform is still on the agenda. This is not a blackflip, this is just a pause. The practical effects of this are minimal, but I do not want a discussion about a youth crime crisis that doesn't exist".

The Victorian Aboriginal Legal Service CEO and Yorta Yorta and Narrandjeri woman, Nerita Waight, said she believed the new Youth Justice Bill would be better equipped to deal with the complexities of youth justice.

"The separation out from the adult bail act will no doubt emphasise the different vulnerabilities, needs and support young children engaging in negative behaviour need," she told National Indigenous Times.

"Whilst delaying much needed reforms to reverse onus provisions for children, we are confident this government won't turn its back on them, the advice of experts and the Yoorrook report.

"As we wait for the youth justice bill to be passed we will monitor the situation and continue our practice of supporting children to access bail through connecting them to services, providing support and advocacy whether it be in the children's court or the Supreme Court - there is no wrong door at our service."

More than 1 in 3 (37.4%) people currently in detention in Victoria are not sentenced, a figure which is even higher for women, young children and First Nations Victorians.

Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman Veronica Nelson's death in custody in 2020 sparked calls for bail laws to be drastically amended, after they were strengthened in 2018 following the Bourke Street terror attack.

"Veronica's family have been clear on asking for changes to the bail laws and I hope the Parliament will ensure the Bill reflects the family's wishes," Ms Waight said at the time.

Victorian Greens justice spokesperson, Katherine Copsey, criticised the governments decision on youth bail reform, saying that whilst the data showed junvenille offending was rare, it would always be around "until the government has the courage to implement justice policies based on its own expert advice, not politics".

"The government knew what needed to be done yesterday to protect children and increase community safety, but today politics has trumped doing what is right," she said.

"Premier Allan's last-minute backflip poses worrying questions about her commitment to evidence-based policy, First Nations justice and the upcoming treaty process.

"Without urgent and meaningful reform, the Victorian Labor government's enduring legacy may well be that their justice policies were directly responsible for the imprisonment of more disadvantaged people than at any time in recorded history."

Youth justice has taken a focus in Victoria, with the AAP reporting a 14-year-old boy suffered life threatening injuries in September when he was allegedly abducted and run over by a group of teens.

The alleged ringleader, a 14-year-old boy, was charged with committing an indictable offence while on bail for other offences.

On Wednesday, Symes said there would be consequences for offenders after a guard's keys were taken and three children hospitalised after an incident at the Malmsbury Youth Justice Centre.

A new youth detention centre opened in August at Cherry Creek, near Werribee whilst the Malmsbury Youth Justice Centre will close at the end of the year.

The Victorian Liberals applauded the decision, with shadow attorney-general Michael O'Brien telling reporters that the government had only responded to negative headlines.

"We were putting our policy ideas out weeks and weeks ago before any of these recent high profile youth offending incidents occurred. Because we knew the government got the balance wrong. Now, belatedly, the government's coming to the party," he said.

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