Thursday, 20 February 2025

Bail laws

Michael O’BRIEN (Malvern) (14:39): My question is to the Attorney-General. Yesterday a 16-year-old offender who has racked up 95 criminal charges since 2023 faced the Children’s Court on charges of home invasion and car theft. Despite the magistrate warning ‘There is a high risk he will take the lives of others,’ this serial offender was bailed yet again. How many more Victorians need to be killed or injured before the Attorney-General finally toughens bail laws?

The SPEAKER: Order! I would ask the member for Malvern to rephrase his question. He is asking for an opinion. Could you do that, please.

Michael O’BRIEN: When will the Attorney-General act to stop more Victorians being put at risk of being killed or injured and strengthen bail laws?

Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:40): Thank you for the opportunity to speak for the first time in this place as Attorney in answer to a question. Our laws require bail decision makers to put community safety first and foremost. Communities expect it, I expect it, and our Parliament recognises the utmost importance of maximising the safety of our communities. I will continue to make it my work as Attorney-General and as a member of this place to ensure that our priority is to make sure Victorians can feel safe and are safe wherever they are – in their schools, in their workplaces, in their homes, in their streets –

Michael O’Brien: On a point of order, Speaker, the Attorney-General is debating the question. The question was very specific as to when will the Attorney act to strengthen bail laws.

Mary-Anne Thomas: On the point of order, Speaker, there is no point of order. The Attorney-General was being directly relevant to the question, and she was responding to the question that was asked of her.

The SPEAKER: Order! I remind the Attorney of the question that was asked and ask her to come back to the question.

Sonya KILKENNY: Thank you very much, Speaker. We know here in Victoria that crime hurts working families, working Victorians. As I said, every family and every Victorian has the right to feel safe and be safe in their community. That is why we have heard that the Allan Labor government will always back our police, the men and women of Victoria Police who work hard 24/7 to keep our communities safe –

Members interjecting.

The SPEAKER: Order! I am having trouble hearing the Attorney. Members will come to order.

Bridget Vallence: On a point of order, Speaker, the question specified that the magistrate said this young offender was a risk to the two families and working families. I ask you, on relevance, to ask the minister to come back to this question, which is about how many more Victorians will get killed or injured before strengthening bail laws.

The SPEAKER: Order! That was not the question, Manager of Opposition Business. The Attorney was being relevant in the sense that she was talking about offenders and the risk, but I do remind the Attorney, while I cannot compel her to answer, to be mindful of the question.

Sonya KILKENNY: Thank you, Speaker. As I was getting to, we know that serious crime hurts Victorians, and our focus needs to be on crime and keeping Victorians safe. Last year, as those opposite know because they voted for them, we brought in new laws to deliver tougher consequences for serious repeat offenders – laws that, as I said, those opposite supported. We created an entirely new and separate offence for anyone on bail who commits a serious high harm risk crime, and we have made sure that bail decision makers must consider the likelihood of an accused person committing a serious offence –

Members interjecting.

The SPEAKER: Order! The member for South-West Coast can leave the chamber for half an hour.

Member for South-West Coast withdrew from chamber.

Sonya KILKENNY: if they are to be given bail. It is a requirement for our bail decision makers to take that into account. It is also why later this year we will be introducing electronic monitoring –

Members interjecting.

The SPEAKER: Order ! The Leader of the Nationals will cease interjecting across the table. It is disrespectful.

Bridget Vallence: On a point of order, Speaker, the minister is debating the question. The courts give bail because of your weakened laws. The minister is debating the question.

The SPEAKER: Order! Manager of Opposition, through the Chair. There is no point of order. I will rephrase what I said before: I cannot compel the Attorney how to answer the question. I do remind the Attorney not to debate the question.

Sonya KILKENNY: Thank you, Speaker, and I also should remind the member opposite that there is a doctrine of independence between the judiciary and this place as well. I would remind the member to perhaps not cast aspersions on our judiciary, nor in fact to cast aspersions on the hardworking men and women of Victoria Police. As I was saying, electronic monitoring of young offenders will commence very soon. We have also recently appointed a new dedicated Children’s Court magistrate to deal with youth crime, and the police minister and I have been tasked –

Bridget Vallence: On a point of order, Speaker, the minister is defying your ruling. She is debating the question.

The SPEAKER: I cannot compel the Attorney how to answer the question.

Sonya KILKENNY: It is also why we are bringing in reforms to stamp out racism – (Time expired)

Michael O’BRIEN (Malvern) (14:45): In opposing bail the prosecution noted that this youth offender:

… learnt that his actions have no consequences.

It’s clear that this is becoming a game to him.

When the Labor government weakened bail laws by abolishing the offence of breaching a bail condition, didn’t the government send a message to offenders that bail in Victoria is nothing but a game?

Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:46): I actually refute the premise of the question and do not feel it is an appropriate question for question time, but we will leave that aside. In the first instance, this is a matter that is not appropriate for me to comment on. It is a specific case. I do not want to second-guess the decision of a court. I am certainly not the decision-maker here.

Michael O’Brien: On a point of order, Speaker, the question related to this government’s decision to weaken bail laws by abolishing the offence of breaching bail conditions. That is entirely within the Attorney-General’s portfolio. I ask you to bring her back to the question.

The SPEAKER: The Attorney will come back to the question.

Sonya KILKENNY: I actually rejected the premise of the question. As I was saying in the answer to your original question, this government actually toughened and strengthened bail laws last year – laws and reforms that those opposite voted to support. Those laws have created a new offence on bail. However, having said that, those opposite are aware that the police minister and I have been tasked to undertake a review of our laws, including our bail laws, to meet community expectations.