‘A betrayal’: Victorian Aboriginal Legal Service condemns children’s bail law reversal
The Victorian Aboriginal Legal Service has accused the state government of “betrayal” after it announced it will walk away from its commitment to reform the state’s youth bail laws and instead introduce a trial of ankle bracelets for children.
The attorney general, Jaclyn Symes, on Wednesday announced the government would not go ahead with plans to implement a presumption of bail for children, claiming the reform was not needed.
“Status quo, I am comfortable with that,” Symes told reporters.
She said “99%” of children accused of crimes were granted bail, as they were able demonstrate to the courts exceptional circumstances or compelling reasons not to be put into custody.
“If that’s what’s happening in practice, changing it and creating concern that we are weakening bail, when it’s not necessarily the case, is not something that we need to do,” Symes said.
“I haven’t been convinced that the case has been mounted to make a change.”
In March 2023, the government committed to overhauling the state’s bail laws after a coroner investigating the 2020 death in custody of Indigenous woman Veronica Nelson described them as a “complete, unmitigated disaster”.
The new laws introduced a presumption of bail for children accused of any crime except terrorism or homicide. The bill in its original form had enough cross-bench support to pass the upper house.
But in October, the youth bail elements were removed from the bill, with Symes stating “public perceptions of a youth crime crisis” influenced her decision.
Vals chief executive, Nerita Waight, described the government’s decision as a “betrayal”.
She said her organisation had worked with the government for five years “in good faith” on the bail and youth justice law changes and were told in late February that the bail reforms were going ahead.
“We are devastated that we trusted the Allan government and they have completely betrayed abused and traumatised children in the hope it will win them votes at the next election. I wonder if it’s worth it in the end?” Waight said.
While Symes ruled out changes to bail, she announced the legislation would include a trial of electronic monitoring of children charged with serious crimes.
She said 50 children would be part of the trial, which is informed by data from Victoria Police, who identified a “small number of reoffenders” aged between 15 and 17 who were driving an increase of serious offences.
Under the trial, courts would be able to order those young people to be subject to electronic monitoring as part of their bail conditions. If non-compliance is detected such as breaching curfew, the electronic monitoring will alert authorities and police will be able to file for bail to be revoked.
The move has been supported by the Police Association, with the secretary, Wayne Gatt, describing it as “sensible and pragmatic”.
“When everything else has failed, this is a way of protecting recidivist offenders from themselves. It is a positive alternative to jail,” he said.
“It’s better to be able to look them up than lock them up.”
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But legal advocates have condemned the government’s new position.
Waight said electronic monitoring was never raised in the five years of consultation.
“Electronic monitoring has been tried a million times. It does not work. It is a failed idea that only the most desperate politicians cling to when they are too scared to make the right decision,” she said.
The managing lawyer at the Human Rights Law Centre, Monique Hurley, agreed it was a political tactic.
“While shackling children with electronic monitoring devices might score cheap political points, they don’t prevent crime,” Hurley said.
“Instead of funnelling considerable amounts of money into surveilling children, the Allan government should stick to their promise to make the state’s youth bail laws fairer and resource the community programs that actually support children avoid being criminalised in the first place.”
The Victorian state director of 54reasons, Gai Campbell, who runs Save the Children’s services in Australia, described it as a “gimmick”, citing a trial in Queensland which found no evidence it reduced recidivism.
The shadow attorney general, Michael O’Brien, was also sceptical.
“They’ll be wearing them as a badge of honour. They’re more likely to be swapping them like Taylor Swift friendship bracelets,” he said.
The Victorian Greens leader, Samantha Ratnam, said her party will fight the measures.
“There’s a mural in Preston that depicts First Nations people being shackled, to remind us of our colonial past and we should never go back there,” she said.
“This reform would tragically bring those images to life, in 2024.”
