Friday, 14 November 2025

 James NEWBURY (Brighton) (14:23): My question is to the Attorney-General. Can the Attorney confirm that she and other attorneys around Australia have finalised a Commonwealth report which recommends that the Victorian government loosen bail laws ‘to ensure bail laws explicitly provide that imprisonment be the last resort.’ Why is the Attorney-General working behind closed doors against her own government to weaken bail laws?

The SPEAKER: Member for Brighton, I believe there were two questions in that question.

Members interjecting.

The SPEAKER: Order! Member for Eureka, you can leave the chamber for half an hour.

Member for Eureka withdrew from chamber.

James NEWBURY: Happy to say: showing the Attorney-General is working behind closed doors against her own government to weaken bail laws?

The SPEAKER: Is that your question, member for Brighton?

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:25): I thank the member for Brighton for the opportunity to talk again about the really significant bail reforms that we have brought in this year: two rounds of bail reforms, the most significant bail reforms, where we have put community safety above all else in our bail decisions, as it should be. This is about protecting the community from violent repeat offenders. This is about listening to victims of crime. And if the member for Brighton had been anywhere this week paying attention, he would have noticed that we have made a number of really significant announcements about reforms that we are delivering here in Victoria.

James Newbury: On a point of order, Speaker, on relevance, the question went specifically to a report the Attorney has signed off on recommending a weakening of our bail laws. It went directly to that question. The Attorney is clearly not being relevant in her response to that question.

The SPEAKER: Order! The question also referred to bail laws. The Attorney will come back to the question.

Sonya KILKENNY: Thank you very much, Speaker. On the question on bail laws, I was referring to our bail laws and the reforms that we have brought in this year – two tranches of reforms – reforms that we see are making a big impact, with a 46 per cent increase in the number –

James Newbury: On a further point of order, may I take you, Speaker, to page 155 of Rulings from the Chair and Speaker Maddigan’s ruling on 26 August 2003. I appreciate very much that a Speaker is not able to direct a minister how to respond to a question, but that ruling specifically required a respondent to address the question, not pick up a word from the question and respond indirectly about the topic generally. The question was very specific, and the Attorney is yet to deal with the substance of the actual question.

The SPEAKER: The Attorney was being relevant to the question.

Sonya KILKENNY: I was drawing the house’s attention to, again, the significant bail reforms that we have brought in this year, which are having a big impact on our system, as we have seen a 46 per cent increase in the number of young people on remand and a 26 per cent increase in the number of adults on remand. And we are doing this because we are responding to what we are seeing out in the community. We are doing it because we are responding to the voices of victims, who are telling us –

James Newbury: On a further point of order, Speaker, I seek your guidance. This question was regarding a Commonwealth report that the Attorney signed off on. Are we now in a situation where a minister can pick up the word ‘the’ in the question and talk about ‘the’ all day rather than dealing with the substance of the question?

The SPEAKER: What is your point of order?

James Newbury: I am seeking your guidance on relevance, Speaker.

The SPEAKER: The question was: why is the Attorney-General working behind closed doors against her own government to weaken bail laws? The Attorney is being relevant to the question that was asked.

Sonya KILKENNY: Thank you very much, Speaker; I am not sure how much clearer I can be for the member for Brighton. I have now taken the member for Brighton through two tranches of bail reforms that we have brought in this year – bail reforms that are having an impact, and we are seeing that –

James Newbury: On a point of order, Speaker, on relevance, the Attorney has not yet dealt with whether or not she has been working behind closed doors against her own government.

Mary-Anne Thomas: On the point of order, Speaker, there is no point of order, and indeed the Manager of Opposition Business continues to defy your ruling in relation to the Attorney’s answers. So I ask that you rule his point of order out of order.

The SPEAKER: The Attorney is being relevant to the question that was asked.

Sonya KILKENNY: Thank you, Speaker. I feel like I am getting a bit of an insight into what might be happening on the other side of the chamber in terms of people working –

James Newbury: On a further point of order, Speaker, I presume that was not relevant.

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

Sonya KILKENNY: Perhaps I strayed a little bit there, but I think it is fair to say the member for Brighton walked right into that one. As I said, they are significant reforms this government has introduced in relation to bail, significant reforms that are having a big impact on the system, with more dangerous repeat offenders being denied bail and remanded – a 46 per cent increase in the number of children on remand and a 26 per cent increase in the number of adults on remand.

I will also draw the member’s attention to some other facts and statistics. Bail refusals are up 108 per cent. Bail revocation rates are up 100 per cent. In the Children’s Court bail refusals are up 91 per cent and bail revocations are up 102 per cent. These bail reforms are making a difference.

James Newbury: On a point of order, Speaker, I would seek your guidance. In 3 minutes the Attorney did not at any point deal with the substance of the question, and there are many –

Members interjecting.

The SPEAKER: What is your point of order, member for Brighton?

James Newbury: There are many rulings, Speaker, that require a minister to deal with the substance of the question. Are we now at a point where a minister does not have to respond at all?

The SPEAKER: Member for Brighton, there is no point of order. If you wish to discuss procedural issues, you can come and see me in my office after question time.

James Newbury: On a separate point of order, Speaker, I presume I am still entitled to raise procedural issues in the chamber.

The SPEAKER: Absolutely. However, I have asked you to come and see me in relation to questions you have about this procedure.

 James NEWBURY (Brighton) (14:31): The report specifically points to Victoria’s ‘less restrictive bail laws’ implemented in 2023 as effective in reducing remand rates. That means more offenders back on the streets. Doesn’t the fact the Attorney is secretly advocating weak bail laws show that this government is simply gaslighting Victorians when it comes to fixing the crime crisis?

 Sonya KILKENNY (Carrum – Attorney-General, Minister for Planning) (14:32): I was going to give the member for Brighton the benefit of the doubt, but I would say, through the Chair: before the member for Brighton comes in here and makes accusations and allegations, I remind the member for Brighton to check his facts. He may wish to check the communiqué that was sent out after the meeting of attorneys-general today, which acknowledged that a report had been prepared by an organisation that had been set up by all of the attorneys-general through SCAG. It has been agreed that that report will be published and made public. However, the communiqué goes on to state that whilst that report is to be published, it has not been endorsed by any of the attorneys-general who attended the meeting of SCAG this morning.

Members interjecting.

The SPEAKER: The member for Narre Warren North can leave the chamber for half an hour. Member for Laverton!

Member for Narre Warren North withdrew from chamber.