Bail laws
Georgie CROZIER (Southern Metropolitan) (12:06): (399) My question is to the Attorney-General. Attorney, your government passed changes to bail laws last year that have not yet come into effect. One change, which the coalition opposed, would abolish the offence of committing an indictable offence whilst on bail. Going ahead with this change will weaken bail laws by making it easier for repeat offenders who are on bail to keep getting bail. Given the worrying increase in violent aggravated burglaries in Victoria, will the Attorney reverse this imminent change to bail laws before they become even weaker than they already are?
Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:06): I thank Ms Crozier for her question and acknowledge that we had a very lengthy debate in relation to the necessary bail reforms that the government committed to and on the whole received bipartisan support for the vast majority of that legislation. As you have pointed out, it does not actually come into effect until 25 March this year. We had what was universally accepted as the toughest bail conditions in the country, and we recognised that that was having a disproportionate impact on the most vulnerable because it was capturing low-level offending – people that were not posing a risk to the community. It was particularly increasing remand in our women’s population – so important reforms to have.
We have never shied away from the purpose of bail: to ensure that the focus is on the unacceptable risk that a person poses to the community. For context, the offence of committing an indictable offence while on bail attracts a maximum penalty of three months. It was causing an impact of uplifting low-level offenders into a category which was making it difficult for those people to be provided bail. Removing that offence is not going to have a material impact on bail considerations. If somebody breaches bail, you can have it revoked. If somebody commits an indictable offence while on bail, you are still charged for that indictable offence. I do not think if you are about to go and commit a carjacking, with a maximum of 10 years, that you are going to say, ‘Hang on, I’m not going to go and commit that offence, because it attracts an additional three months because I’m going to commit it while I’m on bail.’
Georgie Crozier interjected.
Jaclyn SYMES: It is just not a logical conclusion from what you have presented. There is no weakening of bail laws for serious offenders, and I would maintain that you claiming there will be is a false contention. I would encourage you to perhaps attend a bail hearing so you understand how the tests are applied.
Georgie CROZIER (Southern Metropolitan) (12:09): Attorney, I had an aggravated burglary attempt on me last week. I am just one of thousands. But I return to my question. Attorney, Crime Statistics Agency data shows a 33Â per cent increase in residential burglaries in the 12Â months to September 2023 and a 25Â per cent increase in motor vehicle theft over the same period. We have serious crime going up at the same time police stations are closing at night, and the government is about to weaken bail laws.
Jaclyn Symes interjected.
Georgie CROZIER: Yes, you are. Why won’t the Attorney listen to Victorians, who are telling the government that weakening the bail test for repeat serious offenders is putting ideology ahead of community safety?
Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:09): We are not weakening bail laws.