The Victorian Greens will introduce legislation to ban the shackling of women during childbirth in prison when parliament resumes after the election.
Last month, a federal parliamentary inquiry recommended rejecting a private member's bill — introduced by Senator Lidia Thorpe — to ban the shackling of women during childbirth.
In rejecting the bill, the Government argued that responsibility for the criminal justice system rests predominantly with state and territory governments, while the Coalition said that, although it "understands the intent" of the bill, it would not support it either.
At the time, Senator Thorpe said the government consistently handballed issues it considered difficult to the states.
"The Commonwealth has clear constitutional powers to establish national minimum standards to protect children and people in custody," she said, arguing that it was a political, not legal, choice.
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On Monday, the Victorian Greens said the state should not wait for Canberra to end the practice, calling for a ban on physical and chemical restraints during childbirth.
Greens leader and First Nations spokesperson Ellen Sandell said no one should have to give birth in shackles.
"It's barbaric that in 2026, a person can be restrained to a hospital bed after giving birth while their premature baby is in intensive care," she said. "Imagine recovering from major surgery, desperate to be with your newborn, and being cuffed to a bed. It's cruel and degrading.
"Shackling is also dangerous. People in labour need to be able to move, and restraints can delay emergency care, putting both parent and baby at risk."
In Victoria, shackling is permitted under Corrections Victoria policy in "exceptional circumstances" with the approval from the General Manager of the prison. Several inquiries have found the practice continues routinely in Victorian prisons.
The announcement from the left-wing party comes after a series of high-profile shackling incidents in the immediate wake of Senator Thorpe's bill being rejected.
National Indigenous Times reported on the case of a 16-year-old Noongar mother who was shackled to a hospital bed after allegedly being taken "from her home without a top on and handled roughly by police", while Guardian Australia reported on an incarcerated pregnant Indigenous woman in Queensland who was allegedly shackled to a hospital bed while in labour.
At Senate Estimates last month, federal Greens leader David Shoebridge said the Attorney-General's Department's decision to place the issue of shackling under the Department of Health's portfolio was an "extraordinary avoidance of responsibility".
"The shackles, the handcuffs, are not put on by health officials," he said. "In fact, it's my understanding that the shackling of women while they're giving birth is almost universally opposed by health officials, by the nurses, the doctors, anyone in that room."
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Australia and all UN General Assembly members unanimously adopted the Bangkok Rules in 2010, which state that shackling pregnant women during hospital transfers, gynaecological examinations and childbirth breaches international standards.
The "harmful" practice of shackling is "particularly severe for women in custody, many of whom have experienced domestic or sexual violence, coercive control, childhood abuse, trafficking, or other forms of gender-based violence," said Reem Alsalem, the Special Rapporteur on violence against women and girls, in a letter to the Australian Government in October.
Ms Sandell agreed with Senator Thorpe and said the Commonwealth had the power to act on its human rights obligations.
"So the Victorian Greens are calling their bluff," she said. "If Federal Labor won't act, we will. When Parliament returns after the election, we will introduce legislation to ban shackling during childbirth in Victoria.
"First Nations people are already disproportionately harmed by our racist justice system. The very least governments can do is stop subjecting them to further violence and trauma."
