By TOM HAYES
VICTORIA is set to have the “toughest bail laws” in the country, after the Premier Jacinta Allan, Attorney-General Sonya Kilkenny, and Minster for Police Anthony Carbines announced the new ‘Tough Bail Bill’.
The state government introduced the Tough Bail Bill into Parliament yesterday (Tuesday, March 18), while also making machetes prohibited weapons, with exemptions available for legitimate use, in an attempt to crack down on knife crime.
According to the state government, the Tough Bail Bill is set to:
– Put community safety above all in bail decisions and remove the principle of remand as a ‘last resort’;
– Create the toughest bail laws ever for serious offences, including a new bail test that is extremely hard to pass, targeting repeat offenders of the worst crimes, and;
– Ensure respect for the rules with new bail offences, including a second-strike rule for offenders.
“I have listened and I have acted. The tough bail laws will jolt the system: community safety above all, toughest bail laws ever, and consequences for breaking the rules,” Premier Allan said.
Bail laws were loosened last year, following reforms introduced by former Premier, Daniel Andrews in 2023, after the rate of imprisoned Aboriginal women doubled, as well as the 2020 custody death of 37-year-old Aboriginal woman Veronica Nelson, who reportedly grew up in Morwell.
Ms Nelson was charged with minor shoplifting offences but never convicted. Her death sparked calls for bail and prison healthcare reforms.
The previous reform repealed the bail offences of ‘breaching bail conditions’ and ‘committing further offences on bail’. These offences were previous found to disproportionately impact women, children, and Aboriginal people with no clear deterrent benefit or improvement to community safety, since the offences’ introduction in 2013.
At the time, Attorney-General Jaclyn Symes said: “Remand and custody should be used to keep Victorians safe, not to unnecessarily punish vulnerable community members for minor crimes instead of helping get their lives back on track”.
According to the Australian Bureau of Statistics, the Victorian incarceration rate decreased over the year from June 30, 2023, until June 30, 2024, from 121 to 108 prisoners per 100,000 adult population for charges relating to acts intending to cause injury, prohibited and regulated weapons and explosives offences, and unlawful entry with intent.
During the same period for the same charges, male prisoners decreased by eight per cent and female prisoners decreased by seven percent – a total decrease of eight per cent (522 imprisonments).
Unsentenced prisoners decreased by 17 per cent, while sentenced prisoners decreased by three per cent.
Aboriginal and Torres Strait Islander prisoners decreased the most – 10 per cent, reducing by 83 people over 12 months.
Following the changes that occurred in 2024, the number of young offenders on remand has increased, according to the state government. The state government has since highlighted that the current system is not tough enough and does not reflect the expectations of victims or the public, hence the changes to reduce the risk of reoffence.
In regard to youth crime, there was 8157 offenders between the ages of 10 and 17 from June 30, 2023 until June 30, 2024, making up 13 per cent of total offenders within the state during that time.
The offender rate was higher among youth (1243 youth offenders per 100,000 people aged 10 to 17), compared to the total Victorian population (1008 offenders per 100,000 people aged 10 and over).
The most common offences for youth offenders were acts intending to cause injury (30 per cent, 2466 offenders) and theft (14 per cent, 1148 offenders).
“We’re delivering tough new bail laws and we’re backing our hardworking frontline police – ensuring they continue to have what they need to keep our community safe,” Minister Carbines said.
The proposed laws will make two big changes to bail decision-making principles to reduce the risk of reoffending:
– Community safety comes first on all bail decisions: Under the laws, community safety will become the overarching principle for bail decision-making for offenders of all ages. It will be a clear and unambiguous signal – community safety comes first in all considerations, and;
– No longer needs to be a last resort to deny bail: Right now, under section 3B of the Bail Act, an accused youth offender is remanded (detained in custody) only as a last resort. The new laws will remove the principle of remand as a last resort.
Offenders accused of indictable offences (an offence that attracts a maximum penalty of two years or more) will face tests to be granted bail under the new laws. The tests will get harder as the offence worsens.
A similar test was recently introduced in New South Wales bail law, which saw the number of people granted bail more than halve. Victoria’s test will apply to all ages and more offences.
The new laws will also restore respect for bail and its conditions, for all levels of offending and all ages, with consequences returning for breaking conditions.
The offence of ‘committing an indictable offence while on bail’ will be (re) introduced, subject to the second-strike rule. If an offender commits a second indictable offence while on bail for an indictable offence, they will have to prove compelling reasons for bails, as they would require for a more serious crime.
It will also become a summary offence to breach bail conditions, such as failing to report or meet curfew.
“These laws are targeted squarely at the risks of young people committing serious crimes while out on bail,” Attorney-General Kilkenny said.
IN addition to the state government’s crackdown on knife crime, machetes will be declared as prohibited weapons, with jail terms of up to two years and fines of up to $47,000 set to be introduced for machete possession from September 1 onwards, following a record 14,797 knives, swords, daggers, and machetes were seized in 2024.
“Machetes are destroying lives so we will destroy machetes. The places we meet can’t become the places we fear,” Premier Allan said.
“I am listening and I am acting, with Australia’s toughest bail laws and Australia’s first machete ban.
“Under my government, community safety comes first and there are consequences for breaking the rules.”
Machetes are broadly described as a cutting-edge knife with a blade of more than 20 centimetres. However the state government is to consult with the industry on the definition prior to the ban.
Exemptions will be available for allowed purposed of machetes, including agriculture or hunting.
A three-month amnesty will run from September 1 until November 30 for Victorians to freely dispose of knives, punishment-free.
Search powers are also expected to be expanded, to allow police to conduct random targeted weapons searches, as part of an amendment to the Terrorism (Community Protection) and Control of Weapon Amendment Bill.
The state government is set to extend the duration of designated search areas from 12 hours to up to six months, allowing police to act on intelligence.
Bail will also be tougher from knife crime offences, specifically committing an offence involving controlled weapons (including machete violence), prohibited weapons offences, and offensive weapons offences.
“This is Australia’s first machete ban, and we agree with police that it must be done once and done right. It took the UK 18 months – we can do it in six,” Minister Carbines said.
“We’ll always give police what they need to keep Victorians safe – we’ll build on the extra powers we’ve already given them and help them search for more weapons.”
