A protest against new "Trumpian" bail laws will be held in front of Victorian Parliament on Tuesday afternoon as Indigenous, legal, and human rights groups continue to condemn laws they say will only increase the number of Indigenous people in custody.
The new laws will be introduced into Parliament by the Victorian government this week, with Premier Jacinta Allan telling reporters on Tuesday they "won't be leaving parliament this week until these tough new bail clauses are passed through the parliament".
The laws, which will see the scrapping of the principle of remand only as a "last resort" for accused youth offenders, as well as criminalising breaches of bail and committing an indictable offence whilst on bail for an indictable offence wind back laws introduced after the death of Indigenous woman Veronica Nelson in custody in 2020.
The then-bail laws were labelled an "unmitigated disaster" by Coroner Simon McGregor during the inquest into Ms Nelson's death. He said the Bail Act had a "discriminatory impact on First Nations people, resulting in grossly disproportionate rates of [Indigenous people] remanded in custody, the most egregious of which affects alleged offenders who are Aboriginal and/or Torres Strait Islander women".
Auntie Vickie Roach, a formerly incarcerated Yuin woman, said "Too many women, particularly Aboriginal women, die in jail while on bail".
"These women have not been convicted of any crime," she said.
"Why should suspicion of criminality due to skin colour too often be a death sentence?"
The government has accepted there will be more people held on remand, explicitly contravening the Closing the Gap agreement.
The protest on Thursday will feature representatives from Flat Out, the Victorian Aboriginal Legal Service, Fitzroy Legal Service, Human Rights Legal Centre, and others, and will take place on the step of Parliament.
They are calling for the removal of the presumption against bail, granting access to bail unless the prosecution can show a "specific and immediate risk to the safety of another person" or they will flee to harm a witness, "explicitly" require that a person not be remanded for an offence unlikely to result in prison time, and remove all bail offences.
Flat Out's Executive Officer, Karen Fletcher, said the new laws are selling a lie to Victorians about keeping the community safe.
Ms Fletcher, whose support service helps people released from prison and detention, said the evidence is "overwhelming and clear that locking up traumatised and distressed people with high support needs increases community risk, not safety".
"A government that was serious about community safety would heed the call of families and communities begging for housing, mental health and AOD services, especially for their kids," she said.
The recent 'panic' about youth crime - which has seen the Herald Sun devote multiple front-page headlines to their "suburbs under siege" segment - has come as politicians and police have acknowledged a group of about 300 youth offenders - about 25 of which are children - are committing close to a quarter of all the alleged crimes.
When population growth is taken into account, crime rates in Victoria are also lower than they were 10 years ago, and the state has the third lowest youth crime rate in the country.
"...the voices of affected communities are being drowned out by massive police and government media units, billionaire-owned tabloid news outlets and rich influencers clamouring for higher imprisonment," Ms Fletcher said.
"But their claims of 'youth crime waves' are based on selective and distorted data, and they know it."
Nonetheless, crimes allegedly committed by youths have increased to their highest levels in 15 years, with the number of alleged youth offender incidents rising to 23,810 — a 16.9 per cent increase year on year.
Privately, several government figures and legal experts have expressed concern at the decision, fearful it will only perpetuate trauma and cycles of crime. Others, however, have said whilst it was a hard decision, the optics of youth crime on the front pages of newspapers every day was too difficult to ignore.
Flat Out founder and board member, Amanda George, says parents want "intensive support services for their kids", rather than having them incarcerated.
She said the move by the government was a "cheap shot" to win votes from the "wealthy" - citing criticism of crime by influencers, including Bec Judd.
"Jacinta Allan – read the history, save lives and communities, and stand up for what's right," she said.