A coalition of justice groups has warned the second tranche of Victoria's bail law reforms, due to be introduced to Parliament in July, is a disaster waiting to happen.
The first round of controversial amendments passed in March, despite fierce opposition from human rights, Indigenous, and legal organisations.
Although prompted by advocacy following the death of Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman Veronica Nelson, the Victorian government acknowledged the changes would significantly increase the number of people held on remand — a move critics say contradicts its commitments under the Closing the Gap agreement.
Among the changes was the removal of the principle that remand should be used only as a "last resort" for children. In its place, "community safety" has been made the overarching principle guiding bail decisions for both adults and youth.
On Wednesday, a coalition including the Victorian Aboriginal Legal Service (VALS), the Aboriginal Justice Caucus (AJC), the Koorie Youth Council (KYC), the Federation of Community Legal Centres (FCLC), and the Human Rights Law Centre (HRLC) condemned the next wave of reforms.
They warned the second tranche is "reckless and will inevitably result in more Aboriginal deaths in custody".
The changes include the so-called high harm test, which the coalition says has led to over 90 per cent of Aboriginal children being denied bail and imprisoned since its introduction in New South Wales; and the Two Strike test, previously known as the uplift mechanism — a measure described as an "unmitigated disaster" by the coroner during the inquest into Ms Nelson's death.
VALS Chief Executive Nerita Waight urged the government not to proceed, especially amid mounting prison staff shortages and increasing incarceration rates.
She argued it's "fundamentally irresponsible to progress with Tranche two," as it poses "too high" a risk to human life.
"With legal and corrections systems in a state of crisis, the proposed amendments represent a tragedy waiting to happen," she said.
"These dangerous amendments will fail to meet the government's intentions around community safety because punitive, regressive policies do not work. Instead, they will cause significant harm to our community as we see legal and corrections systems pushed to breaking point."
AJC Co-Chairs Aunty Marion Hansen and Chris Harrison also condemned the reforms, saying they are already contributing to "increased and unnecessary detention" for First Nations people.
"The Victorian Government cannot claim to uphold self-determination or honour the Aboriginal Justice Agreement while advancing policies that increase incarceration and risk further preventable deaths in custody," they said.
Figures show the number of people held on remand has surged. At the end of May, 6,551 adults were in Victorian prisons — over 40 per cent of them unsentenced, up from 33.4 per cent 12 months prior.
Among the 885 Indigenous people in prison, 47.6 per cent (422 individuals) were unsentenced — an increase from 42.3 per cent a year earlier.
Last month, the state government was criticised for appearing to celebrate the spike in remand numbers — even as reports emerged of women attempting suicide in prison, many being locked in their cells for days due to staffing issues, and others unable to access cultural care or rehabilitation programs.
"Where is the evidence that this kind of punitive approach works?" asked KYC Chief Executive Bonnie Dukakis.
"Where is the investment in self-determined, culturally safe and trauma-informed, preventative and early intervention supports for our young people? We have the solutions, government just need to listen to and invest in us, then we will be able to achieve a shared vision of a safe and just society for all Victorians."
With 42 deaths in custody recorded so far this year — 13 of them Aboriginal and Torres Strait Islander people — the coalition says proceeding with these new laws will lead to yet another avoidable tragedy.
"That is a devastating loss for any family and community," they said.
"This would be a damning indictment on a government that has committed to the development of the 5th Aboriginal Justice Agreement, and is on the cusp of announcing Victoria's first treaty and its commitments under the National Agreement on Closing the Gap and Wirkara Kulpa [Aboriginal Youth Justice Strategy]."
