Government must consult if looking at criminal justice changes

Any consideration of changes to Victoria’s bail laws or other related laws and policies must include meaningful consultation with the legal assistance sector, Aboriginal community-controlled organisations and the Aboriginal Justice Caucus.

In examining laws, the state government should act in line with its stated commitment to Truth-telling and Treaty. The criminal justice system disproportionately impacts on First Nations people, and through the Yoorrook Justice Commission and decades of previous inquiries, First Nations communities have identified the solutions.

The best way to address harm felt in the community is to tackle the causes of crime. There is clear evidence about what works to reduce offending rates and this should be the focus if changes are being considered.

Listening to evidence and practice experience

Along with our colleagues at the Victorian Aboriginal Legal Service and partners in the legal assistance sector, we help people facing criminal charges in courts across Victoria every day.

‘We frequently see that people end up facing criminal charges because they need help and have fallen through gaps in other systems,’ said Executive Director of Criminal Law Kate Bundrock.

‘Often our clients are dealing with poverty, the impact of trauma, unstable housing, drug and alcohol addiction and unmet need for mental health support.

‘We don’t want to go back to a situation where people are locked up because they can’t get the services and supports they need. Instead, we should be implementing proven approaches to address the underlying causes of crime.

‘Our first-hand experience will bring an important perspective to any changes being considered.’

First Nations-led reform

The government made changes to bail laws in 2024 following years of advocacy led by First Nations communities in response to deaths in custody. A review of those reforms must commence by March 2026 and be completed within six months.

‘We recognise and pay tribute to the strength and resilience of the First Nations families who fought for those changes after their loved ones died in custody,’ said Executive Director of First Nations Services Ashley Morris.

‘The government must not overlook the devastating impacts previous bail laws have had on First Nations people that we’ve heard in stories told through Yoorrook and countless coronial inquests.’

We urge the government to listen to the practice experience of the legal assistance sector, Aboriginal community-controlled organisations and the Aboriginal Justice Caucus.

Media enquiries

For any media enquiries, please contact Ala Al-Mahaidi, Acting Manager, Media, Communications and Engagement at ala.almahaidi@vla.vic.gov.au or 0447 581 879.