Hansard debates

Jacinta ALLAN (Bendigo East – Premier) (12:09): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Bill will amend the Bail Act 1977 (Bail Act) to better protect the community from repeat and serious offending by introducing the toughest bail laws in the country.

This government has heard concerns from the community that the current system, particularly in relation to high harm, repeat and serious offending, is not tough enough and does not adequately protect the safety of victims, families and the community nor reflect the expectations of victims or the public.

Though the number of youth offenders on remand has increased following changes in 2024 to target serious, repeat reoffending, we have formed the view that more changes are needed.

The changes in this Bill are targeted squarely at the risks of people committing serious crimes while out on bail. These new laws ensure that community safety will be a key priority in all bail decisions – for offenders of all ages.

The Bill will make maximising community safety of overarching importance in all bail decisions, reintroduce bail offences and toughen the bail tests for the worst of crimes. These changes will jolt the system and send an unambiguous message: bail must be respected.

I will now explain the key features of the reforms.

Ensuring that community safety is a Guiding Principle of the Bail Act

The Bill will introduce a suite of changes to make sure that community safety is at the heart of all bail decision making, starting with the Guiding Principles of the Bail Act. The Bill makes changes to the Guiding Principles to highlight the overarching importance of maximising the safety of the community and victims of crime, to the greatest extent possible, to make clear that community safety is a priority in all bail decisions.

Removing the principle of remand as a ‘last resort’ to prioritise community safety

Additional changes to the way bail decisions are made will go further to elevate community safety and put it front and centre in bail decision making. Currently, bail decision makers deciding whether to grant bail to a child must consider the need to impose the minimum intervention necessary, with remand as a last resort. This government is listening to concerns that this may be misinterpreted by bail decision makers as an additional restriction, suggesting that all other options – such as stricter bail conditions – must be exhausted before remanding a child, even when remand is already the minimum intervention required. The phrase ‘with the remand of the child being a last resort’ will be removed to clarify that remand may be the minimum intervention required in circumstances where there is an unacceptable community safety risk.

Consequences for breach of bail through the reintroduction of bail offences

Bail rules should not be broken. The Bill will introduce two offences: ‘commit indictable offence whilst on bail’ and ‘contravene conduct condition of bail’. The new offences will be applied to repeat offenders and alleged offenders who do not comply with their bail conditions without a reasonable excuse.

These offences were repealed from the Bail Act as part of the 2023 bail reforms, but we have heard community concerns about repeat offending on bail, particularly regarding offending that is not captured in the current offence of committing a Schedule 1 or 2 offence while on bail. The reinstatement of these offences will help make it clear that there are consequences for breaking the rules.

The offence of contravene conduct condition of bail without a reasonable excuse will also be introduced to ensure bail conditions are respected. This will also help police to make strong applications for bail to be revoked or refused by ensuring that a person’s record of bail non-compliance is clearly recorded and easily provided.

The new summary offence of contravening certain conduct conditions of bail will be added to Schedule 3. Currently, an accused person cannot be remanded solely in relation to offences in the Summary Offences Act. The exception is where the offence is listed in Schedule 3 of the Bail Act (broadly, the more serious, sexual or violent Summary Offences Act offences), or where the accused goes on to breach their bail for that summary offence.

Adding this offence to Schedule 3 will ensure that someone who has breached their bail conditions can be remanded where it is appropriate, sending a clear message that noncompliance with bail rules is not acceptable.

Each offence will carry a penalty of up to 30 penalty units or 3 months imprisonment. These offences will exist in addition to the current bail offence of failure to appear. The existing offence of committing a Schedule ‍1 or 2 offence while on bail (which commenced in December 2024) will be repealed, as the reintroduction of the offence to commit an indictable offence while on bail captures a broader range of conduct and now makes this offence superfluous. Together, these laws will signal to offenders and to bail decision makers that compliance with bail conditions is not optional, and that alleged offending while on bail is a serious matter.

Ensuring those accused of armed robbery, aggravated burglary, home invasion and carjackings are subject to the toughest bail test on a first offence

The Bill will also expand the Schedules of the Bail Act to elevate certain categories of serious offending to tougher bail tests. Many crimes that most Victorians would consider serious and high-risk do not face tougher bail tests, so bail is more likely. The evidence also demonstrates that these offences, including armed robbery, aggravated burglary, home invasion, and carjacking, are particularly prone to repeat offending. These offences will be added to Schedule 1 of the Bail Act, meaning that in all cases a person charged with one of the offences must satisfy a bail decision maker that ‘exceptional circumstances’ exist to justify the granting of bail.

Further reforms will add offences to Schedule 2. People charged with offences in this category must satisfy a bail decision maker that a ‘compelling reason’ exists to justify the granting of bail. It is unacceptable that there are offenders, out on bail, stealing cars and using them to endanger the public. Additions to Schedule 2 will ensure that people who are charged with theft of motor vehicle and using that vehicle in a way that endangers public safety – including by failing to stop when directed by police, through reckless conduct endangering persons or life, or while carrying certain weapons – will need to show a compelling reason justifying their release on bail.

Where an accused person has allegedly committed a Schedule 2 offence repeatedly, they will be elevated into the ‘exceptional circumstances’ category. The offences to be added to Schedule 2 include serious firearms offences, serious arson and committing an offence involving a controlled or prohibited weapon – including a machete.

Streamlining bail processes to enable police officers to bring a person on bail directly to court when the person has been arrested for breach or likely breach of bail

The Bill will also allow police to bring a person on bail directly to court during ordinary sitting hours when that person has been arrested for breach of bail. Currently, police must take the person to a Bail Justice even when the court is sitting and available to hear the matter, unless a limited exception applies. This reform will protect community safety by ensuring bail breaches are dealt with swiftly and decisively by experienced judicial officers wherever possible. Bail Justices will still be used for such matters outside court hours.

The scheduled review of the Bail Act will be delayed until 2027 to ensure the impacts of the Bill are captured

Finally, we recognise that bail reforms need to be carefully evaluated to ensure that they are achieving the intended outcome. For this reason, the planned statutory review of the Bail Act, currently scheduled for 2026, will be delayed to commence in 2027 and expanded to include the reforms in this Bill. This reflects the need for a steady state of bail provisions over several years to ensure the review is meaningful and properly informed.

Conclusion

The Bill represents a significant step in our commitment to placing community safety at the centre of our justice system. We have listened to the community’s concerns about high-harm, serious and repeat offending and the impact this is having on community safety, especially for families, and we have acted.

The intent of the Bill is not to punish people who have not yet had their day in court. It’s about stopping reoffending before it happens and protecting community safety.

I commend the bill to the House.