The Victorian Auditor-General's Office (VAGO) will examine the management of prisoners held in police cells following reports of people being detained beyond the recommended 14-day limit.
Most police cells in Victoria are intended to hold prisoners for no more than 14 days. However, amid overcrowding, some prisoners have been transferred between stations in a process known as "decanting", effectively resetting the clock on how long they can be held in custody.
Earlier this month, VAGO said police cells are only designed to hold people for a short period of time, "such as after arrest and for bail hearings".
However, it noted that media reports had highlighted the practice of "police holding prisoners in police cells beyond the recommended 14-day limit".
"When cells at one station are full, police may transport individuals to other stations. In some reported cases, police have transported individuals hundreds of kilometres away," VAGO said.
"This can mean that prisoners miss their court appearances and do not have easy access to their lawyers and health services. This undermines both prisoners' human rights and the proper functioning of the justice system."
Lawyers previously told this masthead some Aboriginal clients had been unable to attend Koori Court bail applications due to transport issues or overcrowded courthouse cells, leaving them on remand for 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 decide which detainees to transport from police stations and remand centres to appear in court.
View this post on Instagram
VAGO said it planned to "examine if Victoria Police and the Department of Justice and Community Safety manage prison and police cell capacity to support human rights and the efficient functioning of the justice system".
It noted that recent bail reforms — which the government has accepted will see more people incarcerated — are "likely to continue to increase pressure on prison bed and staff capacity during 2026".
In February, National Indigenous Times reported lawyers for the Victorian Aboriginal Legal Service (VALS) had sought an urgent injunction for their client Nathan, a Gunaikurnai man in Sale, who had been held across multiple cells for 26 days.
He was moved about 200 kilometres away from his family and community while experiencing serious health issues, requiring five ambulance attendances and four hospitalisations. He also alleged that he was denied prescribed medication and a withdrawal pack to manage his symptoms.
A coalition of Aboriginal and legal advocacy organisations previously warned that a death in police custody is "imminent" unless the Victorian Government closed the loophole around "decanting".
Victorian police cells are experiencing overcrowding and unsanitary conditions, with reports of denied basic healthcare, hygiene, family contact, privacy and access to fresh air, alongside unmet medical needs, the open letter said.
They argued the conditions are a "direct result of regressive, knee-jerk policy decisions".
"Our organisations have been sounding the alarm about the horrific treatment of people in police custody. These warnings have been ignored, and we are now in a situation where the state is incapable of meeting the most basic human rights of individuals in custody."
