Tuesday, 28 October 2025

 James NEWBURY (Brighton) (14:19): My question is to the Attorney-General. Recently the Deputy Premier called for a zero-tolerance approach to violent crime, saying, ‘Kids who commit violent crime should face time.’ Given the remarks of the Deputy Premier, is this zero-tolerance approach now government policy?

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:19): Is there job-sharing going on on the other side? I am not sure what is going on. Anyway, I thank the member for his question. It is a serious question. This goes to prevention of crime in this state and keeping our community safe. The difference again: we on this side of the house are aligned; we are not reckless and we are not divisive. We are aligned: community safety must come first.

Members interjecting.

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

Sonya KILKENNY: Community safety must come first, which is why, in our very first tranche of bail reforms, that is exactly the principle we made to be of overarching importance in all bail decisions.

James Newbury: On a point of order, Speaker, on relevance, this question went directly to the Deputy Premier’s call for zero tolerance, and I would ask you to bring the Attorney back to that question as to whether it is now government policy.

The SPEAKER: I cannot direct the Attorney how to answer the question, but I do remind the Attorney of the question.

Sonya KILKENNY: I was being directly relevant to the question. We have introduced the toughest bail laws in this nation because no-one should be committing violent crime or crime of any form in this state at all. As I have said before, everyone has the right to live free from crime, and that is why we have introduced two significant tranches of bail reforms that are having a significant impact.

James Newbury: On a point of order, Speaker, the Attorney is defying your ruling.

Mary-Anne Thomas: Speaker, there is no point of order. Firstly, you did not make a ruling and, secondly, the Attorney-General, on her feet, is being responsive to the question that was asked of her. I ask that you ask the opposition to settle down and listen to the answer being given by the Attorney-General.

The SPEAKER: Member for Brighton, I repeat: I cannot tell the Attorney how to answer the question, but I do remind the Attorney of the question.

Sonya KILKENNY: In being entirely relevant to the question, I was taking the member through the significant bail reforms that we have already made this year to ensure that community safety is the overarching principle in all bail decisions, that remand for children as a last resort has been removed, that bail breaches have now been included as an offence, that further work –

James Newbury: On a point of order, Speaker, you have asked the Attorney to come to the question twice. I can understand why she does not want to, but I would say for a third time that it would only be reasonable to bring her to the substance of the actual question.

The SPEAKER: Order! Member for Brighton, I ask you to be succinct with your points of order. I again repeat that I cannot tell the Attorney how to answer the question. Attorney, the question went to zero tolerance. I ask you to come back to the question.

Sonya KILKENNY: The member for Brighton is quick to accuse others of gaslighting, but there is a bit of gaslighting going on here.

James Newbury: On point of order, Speaker, I am very concerned. If I can seek your guidance, you have now three times asked the Attorney to come to the question, including by having re-read the question and directing her to the substance of the question. If the Attorney refuses to go to the question, perhaps she should sit down.

The SPEAKER: Member for Brighton, that is not a point of order. Attorney, I ask you to come back to the question.

Sonya KILKENNY: I have already said that I am being directly relevant to this question. No-one should be committing crime or violent crime in this state, and I am now taking the member through all of the reforms that we have made in relation to bail laws. I was about to take the member through all of the other reforms that we have also made that indicate the work this government is doing to address crime and to address community safety in this state. I keep getting interrupted.

James Newbury: On a point of order, Speaker, the Attorney is filibustering. You directed her to the zero-tolerance element of the Deputy Premier’s comments. You have directed her to that, and I would ask you now for the fifth time to actually deal with the substance of the question.

Mary-Anne Thomas: Speaker, there is no point of order. Indeed the Manager of Opposition Business is repeatedly misrepresenting you and the advice that you have given to the minister on her feet. I ask that you rule these pointless points of order out of order and let the Attorney-General get on with answering the question.

The SPEAKER: I again repeat that I cannot tell the Attorney how to answer the question.

Sonya KILKENNY: The member for Brighton asked about our approach to community safety in this state. I was taking the member through our changes to bail laws, as well as all of the other reforms that we have undertaken this year to address community safety, including electronic monitoring of –

James Newbury: On a point of order, Speaker, numerous Speakers have ruled that when a minister responds to a question they cannot use it as an opportunity to respond generally and must deal with the substance of the question. I appreciate, of course, your ruling that you cannot direct a minister how to answer, but I would put to you that the minister is deliberately being evasive to avoid answering the question and being general to be evasive of the question that was asked because she is embarrassed about the Deputy Premier’s comments.

The SPEAKER: There is no point of order. The Attorney has concluded her answer.

 James NEWBURY (Brighton) (14:27): The Deputy Premier also said more needed to be done to ensure judicial decisions were meeting community expectations. Why aren’t judicial decisions meeting community expectations under this Labor government?

A member interjected.

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:27): I will not say that again, but the member for Malvern would not have asked this question and recognises that there is separation of powers, and rightly so.

James Newbury: On a point of order, Speaker, on relevance, the Attorney only a month ago boasted about writing to all the judiciary. She boasted about it and now she is talking about separation of powers.

The SPEAKER: Order! That is not a point of order, member for Brighton. I again remind members that a point of order is not an opportunity to make a statement to the house.

Sonya KILKENNY: It is an important tenet of our system that we do have separation of powers here in Victoria. The changes that we have made to our bail laws are about community safety and the overarching importance of community safety in every bail decision. I have made it clear that that is my expectation, and I have made it clear that that is the community’s expectation. We expect our courts to apply the law in that way. We are seeing the courts apply the law in that way purely based on the numbers. We are seeing a 46 per cent increase in the number of children on remand.