Thursday, 1 August 2024

Bills

Bail Amendment (Strengthening Conduct Conditions) Bill 2024

Introduction

Michael O’BRIEN (Malvern) (09:34): I move:

That I introduce a bill for an act to amend the Bail Act 1977 to make changes to the unacceptable risk test and to the imposition of conduct conditions and to re-enact, with modifications, offences previously repealed from that act and for other purposes.

Victoria is in the grip of a crime crisis at the moment. It is a crime crisis which has been made worse by this Labor government weakening bail laws in March this year. The government was warned that this was going to cause detriment – it was going to make Victoria Police’s job harder; it was going to make the court’s job harder – but the government thought it knew best and it went ahead and weakened bail laws anyway. Now Victorians are living with the consequences. When the government said that if you breach your bail conditions it is no longer an offence, they sent a very clear message to people on bail: conditions are an optional extra – it does not matter if you comply or not. What is the point of putting conditions on bail when it is not an offence to break them? That is what this government did.

Why did this government weaken the test for people on bail who then commit a serious indictable offence? It used to be that if you were on bail and you committed an indictable offence, you automatically faced a tougher test to get bail again. That, I would say, is what most Victorians would say is common sense: if you get the privilege of bail and you abuse that privilege by going out and committing another offence, you should face a tougher test to get bail again. But this Labor government said, ‘No, we know better, and we’re going to abolish that provision.’ The bill that I seek to introduce will fix those problems. We will reinstate breaking bail conditions as an offence. We will reinstate a tougher test for bail for those who commit indictable offences while on bail.

Another thing the government did in its bail changes is make changes so that for the test that the magistrates have to apply for giving bail, they no longer have to consider whether the person on bail is likely to offend again. I would have thought one of the most obvious things that a bail decision-maker should have to consider is: if I give this person bail, if I release them into the community, are they likely to commit another offence while they are on bail? That used to be the law, and the government changed the law. They said, ‘No, you’re not allowed to consider whether this person will commit another offence if I give them bail.’

It is sociological nonsense, absolute nonsense, and Victorians are paying the price. I could go through the list of horrific offences, horrific news reports, that this state has seen since this house last met. Before the break we had the government saying, ‘Things are so bad we’re going to have crisis meetings.’ Well, what has happened to those crisis meetings? Absolutely nothing. In fact the only legislation this government has in the house, which we will be debating later today, is a bid to further weaken laws in relation to young offenders – further weakened laws, less accountability, less everything, and less safety for Victorians most importantly.

This bill is an attempt to right the wrongs of this Labor government. This bill is an attempt to inject some common sense back into the Bail Act. This bill is an attempt to give Victoria Police and bail decision-makers the tools they need to keep Victorians safe. It will be a great test for this government as to whether or not it is prepared to look at this bill – to allow it to be introduced and to consider it – or will this government do what it has always done and just refuse and deny any opportunity for oppositions to put forward legislation?

This is the government that quite famously, through the disgraced member for South Barwon, used to say, ‘You have no right to introduce legislation to this place; we are the government and you’re not.’ Well, the government was prepared to punt the member for South Barwon from the caucus, but let us see if they have punted his ideas. Let us see if they have punted his arrogance. Let us see if they are prepared to actually allow this bill to be introduced, because if they do not, we will know the ghost of the member for South Barwon still walks amongst them – that arrogance, that belief that only Labor has the right to debate or introduce ideas into this Parliament will still be there.

It is far more important for Victorians that we have sensible bail laws that give police and decision-makers the opportunity to keep them safe. What we are putting forward is something which the Labor government and the Labor Party previously supported. This Labor Party previously supported bail offences. This Labor Party previously supported tougher tests for people who breach bail by committing another offence. This Labor Party previously supported sensible measures, and it is time for them to do it again.

Tim RICHARDSON (Mordialloc) (09:39): This is not the time to be considering these matters, and there a number of reasons why this will not be given the airtime that it deserves.

Members interjecting.

Tim RICHARDSON: If you allow us to maybe have some words, you might learn something. You might tune in a bit rather than just screaming and yelling. We will have the Youth Justice Bill 2024 underway soon, with the work that has been done and the experts that have been advising the Attorney-General and the Minister for Police and the Premier on some of the reforms that will be made. We do acknowledge that there are challenges in Victoria with a group of youth offenders who have been taking Victorians for granted – their impact on lives and impact on the trauma that people experience – and that is why the Premier has acted to bring these people and bring these experts together, not bringing in a bill that has been –

John Pesutto interjected.

Tim RICHARDSON: Leader of the Opposition, maybe just listen a bit. I know you have got a lot on your plate at the moment, and I know there is a lot of pressure and stress. I know how angry you have been lately. Maybe just calm down a bit. You might have a turn yourself. We are bringing those, not coming in with different views. We have seen the member for Berwick, who had a very interesting view around bail, then coming in with a hard law-and-order message. We saw the consistency of that when the member for Bulleen was the Leader of the Opposition in 2018. Remember all the commentary then? And with Peter Dutton now as federal opposition leader we have seen the narrative and rhetoric. We saw the nuance that the member for Berwick brought to that early on, the understanding as a former police officer about dealing with the causes and the impacts of crime and where we can prevent it into the future. That is the kind of nuance and that is the kind of thought that we need, not some half-baked legislation coming in today that is about getting the grabs. The last minute and a half was an example of some of the commentary, which had nothing to do with the actual bill. I think that was a bit of theatre from the member for Malvern, who is still trying to prove that there is a bit of relevance and gravitas there. There is a bit of a deficit complex there from the member for Malvern –

James Newbury: On a point of order, Speaker: relevance.

The SPEAKER: I do ask the member for Mordialloc to come back to the motion before the house.

Tim RICHARDSON: We will have the Youth Justice Bill underway very soon, and we want to make sure that any law reform is done with the greatest amount of consideration, detail and advice from the experts. We have seen those opposite thunder off on a pathway before, against advice from Victoria Police, on their own thoughts and own plans and own schemes, then down the track the legislation that we bring in has all of the necessary inputs as well – that nuance and that leadership and bringing people together.

We do have a lower rate of youth offending than anywhere else across the nation, but that does not mean that we are not serious about – as Chief Commissioner Patton described – the hundreds of youth offenders that they manage and a cohort in the dozens that are very difficult and challenging. That is what we are confronting at the moment. We have seen crises in New South Wales. We have seen crises in Queensland and across the eastern seaboard, but luckily the support that we have provided to law enforcement, the resourcing that we have provided from eight years ago, means that we need to take the time to get this right, not come into a place to then get grabs for whatever news or whatever social media ambitions. That is not how you govern.

I appreciate the need to introduce bills and the need to each day have something to bring forward. That is different to how the opposition has done it before, and I acknowledge that. That is a bit of extra work that has been done. And as much as the member for Malvern winds me up, he does carry a high load in law reform and bringing forward bills from that shadow cabinet so at least each day they are bringing forward bills. There is a little bit more work going on than we have seen previously, where it just rolls through for months and you do not see any sort of engagement at all. But then to answer the question around how this bill has come to be, you cannot go thundering off if you are in government, with all the nuances and all the work needed to make sure that it does not end up with unintended consequences and does not undermine the real purpose of protecting Victorians and making sure more young people are diverted away from repeat offences. We do not want the system to then be training the next hardened criminals. We need to be dealing with the causes of those behaviours. Having the accountability and that nuance is really difficult, and it has been described in complexity. I think Chief Commissioner Patton’s commentary and some of the commentary around law reform from legal experts that we have heard on radio and in commentary have been really important. It is not something that you bring half-baked. It is an important issue that has been worked through by the Attorney-General, the Premier and the police minister, and that is the appropriate frame. Let us get on with the Youth Justice Bill and debating that, which is another important element of the law reform that is going on right now.

James NEWBURY (Brighton) (09:44): I strongly support the member for Malvern’s introduction of the Bail Amendment (Strengthening Conduct Conditions) Bill 2024. Victorians want bail laws strengthened. The victims of crime want bail laws strengthened. The police want bail laws strengthened. The only people who do not want to strengthen the bail laws they weakened are the Labor Party. That is a fact. We have heard today from the government that they want to think more and talk more. We know what they are doing. The Premier is doing carpool karaoke instead of dealing with the real issues facing this state. Just this week in my community on Monday we had an incident where a disabled woman was driving her son to school and was hit by an offender in another car. It flipped over her car. Guess what, the next day the offender was out on bail. It is an absolute disgrace. On the same day at yet another place in my community three cars were torched. That is two days this week, and I could go through for hours the examples and incidents that have happened in my community alone.

There is a youth crime crisis in Victoria – we know it. The government may want to deny it, and they may want to talk and think more, but this bill will do something significant. This bill will do something meaningful, and it will make sure that the open-door bail policy of this government is actually starting to close. That is what is happening in this state; there is an open-door policy. When you talk to Victoria Police they call it out. I feel so much for Victoria Police because what they are now saying to me is that they are under pressure from their families, because they go out and do the hardest work, they go into the most dangerous places for us to keep us safe and then the next day the people they are arresting are being let out again. So their families are saying to them, ‘We are worried about you not just because of your job – because you’re working hard to make sure criminals are not on the street, but the next day they’re out again.’ So those same violent offenders have to be chased again and again and again, and we hear from the government they want more time to think and talk. It is an absolute disgrace.

We in the coalition have tried to make things better in terms of making sure the laws actually do what they should. We have tried to move bills on move-on laws, machete laws and today on bail laws, because we are seeing what is happening in the community. We know of the 10 per cent increase in crime and the 20 per cent increase in youth crime just in the last year – an almost 20 per cent increase in residential aggravated burglaries. Some of the worst types of offences that people can suffer are to have someone come into their home, and this has been happening for two years in Bayside, as many will know. The government, when this was raised, victim-blamed people in my community for calling it out – victim-blamed them. It is an absolute disgrace, and to think that the Labor government are going to vote against this bill being introduced is an absolute disgrace.

Look at the examples that occurred in my community this week. How can you have a woman driving her child to school – she has a special car to help her drive – hit by an offender? She does not even have capacity to drive that car anymore; it was written off. How is it okay for the government to sit there and say, ‘Let’s think and talk a bit more’? The sad thing is it is not just the incidents that I have raised. People have died because of these crimes; people have died in their homes. What does it take when people have died – Victorians have died? You would think you would get up. Stop thinking and talking; get up. What is the ministry doing in this place? How can you vote against this bill?

The SPEAKER: I ask members not to hit the table when they are making their contributions.

Nina TAYLOR (Albert Park) (09:49): If only flailing about and yelling were an effective mechanism for bringing about change in this space, then that would have been mastered by the opposition yesterday in question time. Today we have just heard persons yelling really, really loudly. I did not hear a lot of constructive elements which are going towards diverting –

James Newbury: On a point of order, Speaker, this is the second government member that I have called relevance on, and it is important that members not victim-blame. We are standing up for victims.

The SPEAKER: Manager of Opposition Business, you had your turn. I ask the member to come back to the motion before the house.

Nina TAYLOR: I do think that the timing of this particular bill is intriguing, bearing in mind we are about to proceed to debating the Youth Justice Bill 2024 and that would seem a fit and proper place to be debating the various opinions and perspectives. I know the Attorney-General and the Minister for Police have made concerted and considered efforts and they have indeed consulted widely. It is a continuum – it is not a beginning and an end point – with respective persons with lived experience and Victoria Police and others who work in this space to ensure that the most nuanced and effective reforms can be delivered in this place. If they have had the opportunity to read the Youth Justice Bill ‍2024 – and I would consider that they have been given ample time to do so – they would know that victims of crime are actually very much a priority in the reforms that are being brought about, which are centred on victims as much they are upon diverting those from committing offences and in effect ending up potentially in a life of crime or incarceration. Either way, they are very damaging alternatives that I would like to think that no-one in this place would be endorsing, and that is why it is so important that, rather than having what I am afraid to say appears to be no more than a stunt, we debate the Youth Justice Bill, which is on topic.

James Newbury: On a point of order, Speaker, I find that word offensive. It is outrageous to use words like that over genuine issues. I find it personally offensive. It is totally wrong. The member was reflecting on me and the member for Malvern. I find it offensive.

The SPEAKER: I do not think the words were directed at the Manager of Opposition Business or the member for Malvern. It was in the broad context. But I do remind the member for Albert Park to stay with the motion before the house.

James Newbury: Further to the point of order, on Tuesday there was a ruling that when offending words were not heard they were withdrawn because the member was offended – the Premier in that case. I have just raised the fact that I was offended by that word, and I would ask you to consider the fact that I was offended.

The SPEAKER: I have ruled on the point of order.

Nina TAYLOR: What I am simply saying, calmly and in a very considered way because of the gravity of the issues which we are talking about, is that no-one is resiling from the incredible seriousness and the consequential elements of the matters being debated. No-one in any form on this side of the fence is seeking to resile from the very serious nature of matters particularly about youths and the positive or what can be very negative trajectories subject to the supports and other solutions that are provided and which we seek to drive in this place. Hence I am simply suggesting the Youth Justice Bill provides a perfect opportunity to debate these matters.

Brad ROWSWELL (Sandringham) (09:54): I also rise to address the Bail Amendment (Strengthening Conduct Conditions) Bill 2024 introduced by the member for Malvern, the Shadow Attorney-General. There is a very clear difference between the government side of the house and this side of the house, and that is that we acknowledge that there is a problem in this state. The government have quite frankly got their head in the sand on this issue. They have got their ears closed off and their eyes shut, and they do not even recognise that there is an issue in the first place. Yet there are people around this state, Victorians around this state – mums and dads, grandparents, aunts, uncles – living in fear for their safety because of the circumstances that this government has created.

The member for Malvern is seeking to introduce a bill this morning – and it is within his right to do so, to take leadership as the state’s alternative Attorney-General and do so in the absence of government leadership on this matter – and the government is absolutely missing. It is true. It is a matter of fact, not conjecture – a matter of absolute fact – that in March this year this government weakened this state’s bail laws. They raised the white flag of defeat when it came to sending a strong message to those Victorians who seek to do other Victorians harm that it was not okay, that they were not going to get away with it.

Victoria Police are fed up. They are absolutely fed up. They are doing, and I will put this on record, a very, very good job at catching the criminals. People on this side of the house – I would expect people in this house generally – respect the job that Victoria Police are doing, deeply, deeply so. They catch the crooks, they bring them before a bail justice – and they let them out. Before we know it they are out again reoffending, wreaking havoc, wreaking fear in our communities, and don’t we know it.

I could speak, but I would prefer to use the time I have remaining to read into Hansard emails received from some of my constituents. This from an email received from David:

I attended from concern –

a recent community safety forum –

with the amount of house invasions and aggravated burglaries occurring. In fact a neighbour of mine has suffered two episodes in the last 12 months or so. Property was stolen, including a car and then the replacement car. The occupant family of mother and two teenage children are living in terror of a third event, so much so that they have relocated and the house is on the market. This is the effect of inadequate protection of the community by the Justice system that hands out meaningless penalties to the perpetrators.

Graham said to me:

Everyone in Bayside has either experienced invasion/theft or knows someone who has been affected.

…

It is essential that the bail laws are tightened back to where they were.

People in the community know it. People in the community know that under this government bail laws were weakened. People know that under this government criminals have been given a big, fat green tick to get on and wreak havoc and terror in our communities, inflicting fear on innocent people, and it is just not right. What will it take for this government to actually recognise this circumstance in Victoria and do something about it?

Yes, it is true, the Youth Justice Bill 2024 is expected to be debated in this place a little bit later today. But the Youth Justice Bill does nothing to strengthen our bail laws. Bail laws were weakened in March this year by this Allan Labor government. The first priority of a government should be the safety and security of citizens – not just their personal safety but their economic security as well – but in this case they have been absolutely wanting. They have no plans to strengthen bail laws in this place, and in the absence of leadership from the government the member for Malvern seeks to introduce this bill.

If the government actually want to hear the concerns of the community, actually want to act upon the concerns of the community and recognise that this is a problem – not just in my part of the world but right across our state, in regional Victoria as well – then they would allow for this bill to be read. They would allow for this bill to be considered. But instead they have got their head stuck in the sand whilst Victorians right around this state are living in fear.

I could think of nothing more important for this Parliament today than to be doing everything we can to keep our community safe, to send a strong message to each and every Victorian that this Parliament takes their safety and security as a point of highest order. But I suspect that this government will not allow that to take place and bail laws will continue to be weakened.

Sarah CONNOLLY (Laverton) (09:59): I am not going to say it is a pleasure to rise to speak against this motion. I am actually really disappointed in having to rise to speak on this motion. I will say to the member for Hawthorn, who I probably have not said more than two words to in the two years he has been in here, I am really disappointed. I am really disappointed to stand here and say that. To have the really hard work of police officers – and there are police officers here in this place that are now MPs – and words brought into this place that are said about police officers and the hard work that they do and have them talked about and tossed around as a political hot potato is really disappointing. I will say, as someone whose electorate takes in some of the biggest suburbs and the fastest growing growth corridor in Melbourne’s west, I spend a lot of time getting around talking to police, and police officers do incredible work in my electorate. We have long conversations, serious conversations, about the challenges that are facing the community in Melbourne’s west but also here in Victoria. I am sad that these conversations are brought into this place and thrown around –

Members interjecting.

Lily D’Ambrosio: On a point of order, Speaker, it is very hard to hear the contribution from the member who is on her feet. It would be good if there was a little bit more silence in the chamber.

The SPEAKER: Members will show some respect to members on their feet. Member for Nepean, I remind you that you are not in your place.

Sarah CONNOLLY: I am also really disappointed that the impacts of crime on the victims, some of whom have suffered appalling things in this state, are talked about here in this chamber and used by those opposite for political pointscoring. There are some issues that cause a political divide that should not be brought into this place and used in the community to increase the fearmongering amongst vulnerable people, folks in my community –

Members interjecting.

The SPEAKER: I ask the house to come to order. The Leader of the Opposition will come to order.

Sarah CONNOLLY: It is fearmongering that has really long lasting impacts, particularly in communities like mine. I am not going to use the word ‘stunt’. We have talked about a lot of stunts that are usually undertaken, and I note that the Greens members of Parliament are not here for this motion debate this morning. Stunts have become commonplace in the past six years, increasingly so. I will not call this another stunt, but I do not think there is a genuine ability to have this conversation with those opposite when they try to bring a bill like this into the house just before we stand to debate the Youth Justice Bill 2024. I am really keen to talk about the Youth Justice Bill and get on and debate that; there is some really important work. Many of those opposite do not make much of a contribution here in this place, but I note that you are all sitting there, keen to support your leader, who seems to be fighting this one and trying to talk tough on crime. You have got to talk tough on something, member for Hawthorn.

I have to say I am disappointed. This does have long-lasting and serious impacts in our community. We need to be able to have a proper conversation. Bail laws need the time to be worked through. They have serious consequences in this state. Those opposite clearly are trying to use this as some sort of social media or newspaper headline, and that is what is most disappointing. The conversation of those opposite when it comes to crime, regardless of what type of crime it is, in this state always ends up in three- or four-word slogans that the community, at state elections – and federal elections, mind you – have rejected time and time again. Shame on you.

Assembly divided on motion:

Ayes (26): Brad Battin, Jade Benham, Roma Britnell, Tim Bull, Martin Cameron, Annabelle Cleeland, Chris Crewther, Wayne Farnham, Sam Groth, Matthew Guy, David Hodgett, Emma Kealy, Tim McCurdy, Cindy McLeish, James Newbury, Danny O’Brien, Michael O’Brien, Kim O’Keeffe, John Pesutto, Richard Riordan, Brad Rowswell, David Southwick, Bill Tilley, Bridget Vallence, Peter Walsh, Jess Wilson

Noes (56): Juliana Addison, Jacinta Allan, Colin Brooks, Josh Bull, Anthony Carbines, Ben Carroll, Darren Cheeseman, Anthony Cianflone, Sarah Connolly, Chris Couzens, Jordan Crugnale, Lily D’Ambrosio, Daniela De Martino, Gabrielle de Vietri, Steve Dimopoulos, Paul Edbrooke, Matt Fregon, Ella George, Luba Grigorovitch, Bronwyn Halfpenny, Katie Hall, Paul Hamer, Martha Haylett, Sam Hibbins, Mathew Hilakari, Melissa Horne, Natalie Hutchins, Lauren Kathage, Sonya Kilkenny, Nathan Lambert, Alison Marchant, Kathleen Matthews-Ward, Steve McGhie, Paul Mercurio, John Mullahy, Tim Pallas, Danny Pearson, Tim Read, Pauline Richards, Tim Richardson, Ellen Sandell, Michaela Settle, Ros Spence, Nick Staikos, Natalie Suleyman, Meng Heang Tak, Jackson Taylor, Nina Taylor, Kat Theophanous, Mary-Anne Thomas, Emma Vulin, Iwan Walters, Vicki Ward, Dylan Wight, Gabrielle Williams, Belinda Wilson

Motion defeated.