Thursday, 5 October 2023


Questions without notice and ministers statements

Bail laws


John PESUTTO, Jacinta ALLAN

Questions without notice and ministers statements

Bail laws

John PESUTTO (Hawthorn – Leader of the Opposition) (14:02): My question is to the Premier. Attorney-General Jaclyn Symes said today in relation to the government’s position on youth justice:

This is not a backflip, this is just a pause.

Will the Premier rule out bringing forward any legislation to this Parliament that will weaken youth bail laws and place the community at risk?

Jacinta ALLAN (Bendigo East – Premier) (14:03): I thank the Leader of the Opposition for his question. As has been canvassed previously on the broader matter of the bail legislation that has passed through this chamber and is currently for consideration in the Legislative Council, it has been acknowledged I think broadly, including by the opposition as well, that the current bail settings are not working in the way that they should. That is why the government under the leadership of the Attorney-General has embarked on not just a considerable piece of reform to the bail act, but as the opposition knows –

James Newbury: On a point of order, Speaker, this is the second time this week a senior cabinet minister has proven the government is in chaos. On relevance, the question clearly asks the Premier to rule out a further softening of the bail laws.

Mary-Anne Thomas: On the point of order, Speaker, the Manager of Opposition Business is making it up as he goes along. There is no point of order, and I ask that you rule him out of order.

The SPEAKER: Order! The Premier was being relevant to the question that was asked.

Jacinta ALLAN: In answering the question, I think quite directly, from the Leader of the Opposition, I was going to the very reasons why you do not want this sort of behaviour when it comes to reforms of this magnitude, because as I said at the outset, when it comes to our bail laws, our justice system is not working the way it should, which is why the Attorney-General has engaged in work across the justice system. But also, as the Shadow Attorney-General knows well and indeed our colleagues from the Greens political party, there has been considered, serious engagement across the Parliament on making sure that the package of reforms that were presented to this place and are now before the Legislative Council for consideration were about addressing the needs now, where we understand that too many vulnerable Victorians have become caught up in the remand system. But we also do need to make sure that Victorians have the protected mechanisms in place to keep them safe. We have seen in the past the behaviour, particularly from the Leader of the Opposition –

James Newbury: On a point of order, Speaker, on relevance, the Premier knows not to debate the question. This was a question about community safety, and I would ask the Premier to come back to that question.

The SPEAKER: I ask the Premier to address the question that was asked.

Jacinta ALLAN: When it comes to the consideration by the Legislative Council right now – and I do not want to cut across the work that is going on in the Legislative Council, but I do appreciate the indication from both the opposition and indeed our colleagues from the Greens political party that they do intend to support the bill in the Legislative Council – we have taken the opportunity, because there is also a significant piece of reform and work that needs to be done to support young people in our justice system. That piece of work also deserves respect. It deserves consideration. It does not deserve this sort of scare campaign to support young people in our justice system.

James Newbury: On a point of order, Speaker, if the Premier wanted to say she would not rule out further reforms, she could have just said that.

The SPEAKER: Order! The Manager of Opposition Business knows that that is not a point of order, and I would ask you not to shout at me to get my attention.

Jacinta ALLAN: In conclusion, in terms of further action that will be taken, it makes sense to bring the changes in regard to young people together with the youth justice bill that will come before the Parliament in the future.

John PESUTTO (Hawthorn – Leader of the Opposition) (14:08): This week the government is abolishing the crime of committing an indictable offence whilst on bail, despite the police association advising the government back in March that to do so comes at a significant risk to public safety. Why is the government ignoring the concerns of the police association and weakening bail laws to put public safety at significant risk?

Jacinta ALLAN (Bendigo East – Premier) (14:08): As I thought the Leader of the Opposition may have been briefed by his Shadow Attorney-General, there has been considerable engagement across the Parliament on the bail reforms that have been put to this Parliament, have been passed to this place and are before the Legislative Council. And as I understand it, parties in that place, including that led by the Leader of the Opposition, have indicated their support for the final bill that will come before the Legislative Council. If the Leader of the Opposition is signalling differently, that is a matter for him to take up with his colleagues. What I will say again is these matters have been extensively consulted on across the Parliament and the community. We need to get the balance right. We believe we have struck that balance with this bill, and we will take the further opportunity to consider other changes when the youth justice bill comes before the Parliament.