Prisoners on remand in Victoria are being transferred between facilities across the state to ease overcrowding in police cells following the government's new bail laws, with one Indigenous man held across multiple cells for 26 days — nearly twice the legal limit.
While most police cells in Victoria are only meant to hold people for up to 14 days, the Victorian Aboriginal Legal Service says overcrowding has intensified since a series of contentious bail changes were introduced last year. To manage the pressure, prisoners are shifted between stations in a process known as "decanting", which effectively resets how long they can be kept in custody.
Detainees held in police cells are afforded different protections than those in prison, with many having not been found guilty of a crime. The Corrections Act offers clear standards not reflected in police custody guidelines, including at least an hour outdoors each day and treatment that recognises the person has not been sentenced to imprisonment.
Last week, VALS lawyers sought an urgent injunction for their client Nathan, a Gunaikurnai man in Sale, alleging he was being held in abhorrent conditions. They say he had been moved about 200 kilometres away from his family and community, and that his treatment raised serious welfare concerns after spending 26 days in police cells before finally being transferred to prison over the weekend.
"I have been moved away from my family and community, for no reason other than to deny my rights and inflict harm and trauma," Nathan said.
"I want it to stop, not just for me but for my people. I want to leave police custody...I shouldn't be in police gaol. I should be in prison, where I can get better medical care. I feel myself deteriorating every day in here.
"I was so fearful that I was going to die in police custody."
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VALS said Nathan was only transferred in the hours before the application was due to be heard by the Victorian Supreme Court. During the 26 days, they say he experienced serious health issues — requiring five ambulance attendances and four hospitalisations — and allege he was denied prescribed medication and a withdrawal pack to manage symptoms.
"Victoria Police's practice of moving people between police stations, which they inappropriately refer to as 'decanting', is being used to extend the length of time they can hold someone in police cells beyond the Gazetted 14-day limit," VALS said in a statement. "We have advocated strongly to Victoria Police to cease this harmful practice for some time."
The organisation also alleged Victoria Police disregarded the role of VALS' Custody Service Officers, claiming officers made it clear they "did not see the value in this legislated requirement".
"On several occasions, Nathan and VALS CNS [Custody Notification System — set up in response to the recommendations of the Royal Commission into Aboriginal Deaths in Custody] were questioned and rushed through these critical welfare checks, and Nathan was made to feel unworthy of such care," a VALS spokesperson said.
"Nathan alleges he has been ridiculed, disbelieved, taunted and called racial slurs, as well as his medical needs denied by police officers. All these practices infringe on his protected human rights."
CEO Nerita Waight says police told Nathan that if he did not like his treatment, "he should talk to the Premier [Jacinta Allan]". She called on Ms Allan to "reflect and act on how your laws have driven the justice system to the brink and enabled the appalling and demeaning behaviour of this state's law enforcement".
"Is this an intended or unintended consequence?" she asked.
When contacted, a Victoria Police spokesperson said they can only transfer a certain number of inmates to Corrections Victoria each day, with those from vulnerable community groups or with medical conditions given priority.
When cells in Melbourne reach capacity, inmates are sometimes moved further away, or in regional Victoria, the spokesperson confirmed.
"Victoria Police will continue to work with Corrections Victoria to ensure offenders are placed in appropriate detention facilities in a timely manner. Nobody is placed in a police cell until the relevant risks, management requirements and considerations for the individual have been assessed."
Last year, National Indigenous Times reported record lockdowns at Victoria's only maximum-security women's prison due to staff shortages, alongside several suicide attempts. The government was criticised at the time for appearing to celebrate the growing remand population.
Lawyers previously told this masthead that some Aboriginal clients have been unable to attend Koori Court bail applications due to transport issues or overcrowded courthouse cells, leaving them on remand even longer.
In other instances, overcrowded court holding cells have prevented people on remand from being brought before a judge. Corrections staff have been forced to determine which detainees are transported from police stations and remand centres to appear in court.
"VALS repeatedly warned the Victorian government of the human impact of rushing through regressive bail laws. Their tough-on-crime agenda is not keeping our community safe," Ms Waight said on Monday "Instead, it is causing significant harm."
The government has defended the new laws and last year acknowledged they would result in more people being incarcerated. Despite concerns the changes breach the Closing the Gap agreement and recommendations from the Royal Commission, Prime Minister Anthony Albanese has publicly backed the Premier, much to the agrievement of leading Indigenous and human rights groups.
Several leading Indigenous figures, speaking on condition of anonymity due to their employment, told National Indigenous Times this month that they believe the federal government has been softer on Victoria — a fellow Labor government — than on other jurisdictions.
"It is easy to criticise the NT or Queensland when they aren't Labor," one figure said this month.
