Victoria’s bail laws are set to be wound back as part of bail reforms announced by Attorney-General Jaclyn Syme.

Current bail laws have come under recent criticism because they don’t properly distinguish violent and non-violent crimes, resulting in people remaining in custody with repeated bail or minor offences, despite presenting no risk to the community.

Proposed changes will target the controversial “reverse-onus test”, ensuring it does not apply to low-level offenders. Under the test, the accused must currently demonstrate why they should be granted bail. Under new reforms, police must provide reasons why bail should be denied.

The “unacceptable risk test”, which is used to decide if someone is a threat to public safety, likely to commit a crime or evade law enforcement will also be redefined, so that risk of minor offending is no longer seen as a sufficient reason to refuse bail.

Symes said current bail laws had a significant impact on lots of groups.

“We know that they’ve had a disproportionate impact on a lot of groups, particularly indigenous people, people with disabilities and women.

“The tests to establish when you should get bail are too strict on those groups.”

Present bail laws have contributed to the doubling imprisonment rates of First Nations women over the last decade. The laws were described as “incompatible” with the Charter of Human Rights and discriminatory towards First Nations people by coroner Simon McGregor. This was part of McGregor’s findings into the death of Indigenous women Veronica Nelson following her death in custody after she was refused bail in 2020.

The Coalition has indicated a willingness to offer bipartisan support for the range of reforms but opposition Attorney-General Michael Obrien, emphasised community safety being a priority.

“Bail reform is important but community safety must always be the priority,” he said.

“We cannot see a situation where aggravated burglars are put back on the streets to re-offend time and again.”

The bail reforms also come five years after the Andrew’s government imposed restrictions on bail eligibility following James Gargasoulas killing six people during a violent car attack on Bourke Street while he was on bail.

Photo:  County Court of Victoria by Adz is available HERE and used under a creative commons license. The photo has not been modified.