Thursday, 16 October 2025

 James NEWBURY (Brighton) (14:02): My question is to the Attorney-General. Yesterday the Attorney claimed that young offenders who pose:

… an unacceptable risk to community safety or to the safety of any person must be remanded. It is clear in the … bench book.

However, the bench book states the mandatory requirement that youth offenders:

… should be released on bail, with conditions, whenever possible.

Why is the Attorney gaslighting Victorians about her weak bail laws?

Mary-Anne Thomas: On a point of order, Speaker, I want to draw your attention to standing order 57(1)(a) and the point that the Manager of Opposition Business in his question is offering an opinion on the matter rather than just asking a question.

James NEWBURY: On the point of order, Speaker, the minister has every right to, in the answer, go to her opinion or otherwise of the question, but it is a very simple question that the Attorney has every right to answer in her response.

The SPEAKER: The question did ask for an opinion. However, it had a long preamble. I will allow the question.

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:04): I thank the member for Brighton for his question. I think the conversation needs to come back to victims and the voice of the victims and ensuring that our communities feel safe and that offenders are held to account. The member may not have been listening and may not have been paying attention, but this year we have brought in some significant reforms to our bail laws – reforms that ensure in every bail decision community safety must be given overarching importance. Can I take the member for Brighton to the bail bench book.

James Newbury: On a point of order, Speaker, the Attorney is debating the question.

The SPEAKER: I do not uphold the point of order.

Sonya KILKENNY: I think our bail laws are clear. They are unequivocal. We made reforms to show that in all bail decisions community safety is of overarching importance. It is backed up –

James Newbury: On a point of order, Speaker, on relevance, the question went to the bail book and its interpretation of the government’s catch-and-release bail laws, which are in the bail book.

The SPEAKER: Order! A point of order is not an opportunity to make a statement to the house. On relevance, the Attorney was being relevant. I cannot tell the Attorney how to answer the question.

Sonya KILKENNY: We passed reforms this year that were very clear and unequivocal that in all bail decisions community safety must be given overarching importance – in all bail decisions. We know that is happening, because the numbers are telling us – a 46 per cent increase in the number of young people on remand.

Members interjecting.

Sonya KILKENNY: I was not going to go here, but I will take the member for Brighton to the bail bench book. I made the point yesterday that if he is going to raise matters in here (1) it is important that he gets his facts right and (2) if he is going to refer to the bail bench book he should at least read it. Can I take the member for Brighton to the bail bench book, page 4 –

James Newbury: On a point of order, Speaker, on relevance, here it is. I am happy to read it out for the Attorney again.

The SPEAKER: The Attorney was being relevant.

Sonya KILKENNY: As I said, I was not going to go to the bail bench book, but I will for the benefit of the member. I quote from page 4 of the bail bench book:

… the amendments placing the safety of the community and persons affected by crime at the head of the guiding principles and making them of overarching importance is a significant change to the law which the courts must now consider.

I also take the member for Brighton to our bail laws. They set out guiding principles that must be taken into account in all bail decisions. Do you know what is at the top of those guiding principles? Community safety. In every bail decision community safety is of overarching importance. Do you know what else the Bail Act says? Anyone who poses an unreasonable risk to the community must be remanded.

James Newbury: On a point of order, Speaker, by leave, I am happy to provide the Attorney with the section of the bail book that was referred to.

Leave refused.

 James NEWBURY (Brighton) (14:09): On Tuesday a man was arrested just metres from this place, having allegedly committed aggravated burglary and aggravated carjackings with a suspected firearm whilst on bail. This is despite this bailed man threatening to kill hospital staff two days earlier. Is this what the Attorney-General means when she says, ‘The courts are applying our new bail laws as intended’?

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:09): Again, whenever we see these incidents and these crimes we do have to acknowledge the victims and our community – those who are distraught and were caught up in this matter earlier this week, and our thoughts go out to them with every support that is needed. It is important that the voices of victims are heard and are listened to and are acted upon, that victims should feel safe in their communities and also that offenders are held to account. That is why we continue to listen to the voices of victims. It is why we brought in significant changes, significant reforms, to our bail laws this year. It is why –

James Newbury: On a point of order, Speaker, on relevance, the Attorney is responding generally rather than going to the fact that this man was bailed after threats to kill.

The SPEAKER: The Attorney was being relevant, but I do remind the Attorney of the question.

Sonya KILKENNY: In this case, as I have acknowledged the victims and those who felt the impacts of this matter, I also acknowledge that the courts have not provided bail and this man has been remanded.