Tuesday, 26 August 2025

Bail laws

Michael O’BRIEN (Malvern) (14:16): My question is to the Attorney-General. Last week two teenagers, including one on summons for aggravated burglary and carjacking, allegedly stormed supermarkets around Melbourne, terrifying retail workers while wearing balaclavas and brandishing machetes. Both were granted bail the following day under this government’s bail laws. Why?

Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:16): I thank the member for Malvern for his question. It gives me an opportunity to talk about bail and the bail reforms that this government has been introducing to strengthen bail and to put community safety front and centre in every single bail decision that is made. We cannot speak, of course, to individual cases. However, the member is well aware that back in March we made a commitment that we would toughen our bail laws here in Victoria, and in accordance with that commitment we introduced our first tranche of bail laws into the Parliament, and those bail laws are now in operation. Those bail laws have strengthened community safety by putting community safety first, by making sure that in –

Members interjecting.

The SPEAKER: The member for Rowville can leave the chamber for an hour.

Member for Rowville withdrew from chamber.

Bridget Vallence: On a point of order on relevance, Speaker, I would ask you to ask the Attorney-General to come back to the question, specifically why these people have been allowed to get bail under their bail laws.

The SPEAKER: Manager of Opposition Business, a point of order is not an opportunity to repeat the question. The minister was being relevant to the question that was asked.

Sonya KILKENNY: As I was saying, in accordance with our commitment, we introduced and have passed the first tranche of bail reforms, which has seen community safety for the first time elevated and made sure that it is the overarching principle in all bail decisions by police, by bail justices and by the courts. We have also introduced indictable offence whilst on bail and breaching bail conditions, bringing back that notion that there are consequences if you breach bail. As we expected, since the introduction, passage and commencement of our first tranche of bail reforms that are strengthening bail here in Victoria, we have seen remand numbers increase. We have seen that. We have seen remand numbers in our adult corrections facilities and in our youth justice facilities increase in direct response to our toughening of bail laws.

But we have not stopped there. We made a commitment that there would be a second tranche of bail reforms. We outlined what those would be, and those are before the Parliament right now. It is my expectation that, if the opposition are serious about improving community safety here in Victoria, they will support the passage of that bill. As those opposite know, we have gone further than that. A machete ban will come into operation on Monday – the first in Australia.

Members interjecting.

The SPEAKER: Order! The member for Polwarth can leave the chamber for half an hour.

Member for Polwarth withdrew from chamber.

Sonya KILKENNY: May I remind those opposite as well that we are talking about retail workers; we are talking about crimes committed in our supermarkets and in our shops. Those opposite will know that we will be bringing into this place laws that will deal with harm and abuse committed against our retail workers.

Michael O’BRIEN (Malvern) (14:20): Despite police strongly opposing both youths being released, arguing they were an unacceptable risk of endangering the safety of the public, the court granted bail. Does the Attorney-General accept responsibility for endangering public safety, given these youths were released under her weak bail laws?

Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:20): Can I say at the outset what a reckless comment that was by the member for Malvern. Not only does it contradict the independence of our judiciary here in Victoria, but it undermines Victoria Police.

Michael O’Brien: On a point of order, Speaker, the Attorney is debating the question. Bail laws are passed by this Parliament, not the courts.

The SPEAKER: Attorney, come back to the question.

Sonya KILKENNY: I stand by my comment that what the member for Malvern has said today is a reckless comment that undermines the independence of our judiciary, a convention that has been respected here in Victoria for many, many, many years. I also want to acknowledge the work of Victoria Police, particularly on a day like today, when we have seen such tragedy unfolding up near communities in Bright. I want to acknowledge Victoria Police each and every day for the work that they do in keeping our community safe. We will always back Victoria Police.