Wednesday, 15 October 2025


Questions without notice and ministers statements

Bail laws


James NEWBURY, Sonya KILKENNY

Please do not quote

Proof only

Bail laws

 James NEWBURY (Brighton) (14:33): My question is to the Attorney-General. Yesterday the Attorney claimed, ‘Our bail laws are working.’ However, the judicial college’s interpretation of Labor’s new bail laws is that young offenders ‘should be released on bail where possible’. Isn’t it a fact that, because of this government’s weakened bail laws, youth offenders are being released on bail wherever possible?

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:34): I thank the member for Brighton for his question. I did go to this yesterday in my answer to the questions that he put, and I took the house through the reforms that we have introduced and have passed relating to the toughest bail laws in the nation. I also took the house through the increase in the number of young offenders in particular who are now on remand. We have seen a 46 per cent increase in the number of young alleged offenders on remand since introducing our significant reforms to bail earlier this year. This tells us this system is working. The courts are applying our new bail laws as intended. We are seeing –

James Newbury: On a point of order, Speaker, the Attorney is debating the question. The question went to the judicial interpretation of the government’s catch-and-release policy on bail.

The SPEAKER: I ask the Attorney to come back to the question.

Sonya KILKENNY: The nature of the objection that has been made by the member for Brighton suggests to me that the member for Brighton has posed this question without actually reading the bail bench book. The member for Malvern would not have made that mistake. The member for Malvern would not have made that mistake at all. I suggest that the member for Brighton has not read –

Members interjecting.

The SPEAKER: The Minister for Economic Growth and Jobs is warned.

James Newbury: On a point of order, Speaker, clearly the Attorney is debating the question and is embarrassed about the government’s catch-and-release bail policy.

The SPEAKER: Order! Members are to make their points of order succinctly without added commentary. The Attorney to come back to the question.

Sonya KILKENNY: Clearly the member for Brighton is embarrassed because he has been caught out for asking a question without having read what he is asking a question about. The bail bench book makes crystal clear that anyone, including young offenders, who poses an unacceptable risk to community safety or to the safety of any person must be remanded. It is clear in the bail bench book. As I said, we are seeing a 46 per cent increase in the number of young offenders on remand –

Members interjecting.

The SPEAKER: Member for Eildon, this is your last warning.

Sonya KILKENNY: which shows very clearly that the courts are taking into account our tough new bail laws that have been introduced this year through two tranches. We are seeing the impacts of that now with an increase in young offenders in particular on remand.

But we have not stopped there, because of course the justice system does not stop with bail. It does not stop with bumper sticker slogans. It does not stop with those slogans. It requires a much smarter response than bumper sticker slogans – a much smarter response than what we have been seeing from the Leader of the Opposition. Earlier this year we introduced a pilot for electronic monitoring of young offenders on bail, a wraparound service for intensive supervision, because we know accountability must also come with rehabilitation.

Members interjecting.

The SPEAKER: Member for Bulleen, this is your last warning.

 James NEWBURY (Brighton) (14:38): On Sunday a 15-year-old boy who allegedly attempted to break into two Hawthorn homes was bailed despite threatening to shoot his victims if released. One of the co-accused was on bail. How can the Attorney claim her bail laws are working when alleged youth offenders who threaten to harm Victorians – shoot people – are released on bail almost immediately?

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:38): First of all, what happened was terrible. I think the thoughts of everyone in this house go to the families and to the victims involved. We do need to be absolutely clear here, though, that our laws are strong and the courts are under no illusion that our expectations are crystal clear. Anyone who presents as an unacceptable risk to community safety or the safety of any person should be remanded, and that extends to young offenders. I should also remind the member for Brighton before he makes –

James Newbury: On a point of order, Speaker, the Attorney is debating the question. I have raised a case where there was a threat to kill. How much more serious can you possibly get, Attorney?

The SPEAKER: The member for Brighton will resume his seat. I ask you again, member for Brighton, to make your points of order succinctly. The Attorney to continue. She was not debating.

Sonya KILKENNY: I raised this issue yesterday and I gave the member for Brighton the benefit of the doubt that, if he is going to come in here and ask questions, he must make sure that he has his facts straight and correct before he does so.