But the leader has a contingency plan if they don't, saying his government may strengthen laws aimed at putting people who attack emergency service workers behind bars.

James Haberfield, 22, was in a psychosis after days of drug-fuelled partying at Rainbow Serpent festival when he attacked paramedic Monica Woods in January.

On Wednesday Haberfield avoided being locked up under mandatory jail laws because of his mental state.

Ms Woods has still not returned to work.

Mr Andrews has asked the DPP to consider an appeal and is waiting to see how it plays out, but may take further action if it doesn't go how he would have hoped.

"I don't rule out changing the laws to make sure that the clear intent of the parliament is reflected in decisions that magistrates make. It is simply unacceptable," Mr Andrews said.

The government passed the laws a year ago, making it mandatory for people convicted of attacking or injuring emergency workers on duty to be dealt a custodial sentence, except in some reasonable circumstances where that wouldn't be appropriate.

"These circumstances, in this case, I don't think fit within that reasonable room that was left," Mr Andrews said.

Ms Woods has slammed the sentence, saying hardship, mental health and drug use is no excuse for what Haberfield did.

"You put drugs in your system and I think, at some point, somebody has to take responsibility for that," Ms Woods said.

Victorian Opposition Leader Michael O'Brien accused the government of ignoring warnings there were too many loopholes in the laws that could allow people to get off.

"They're not worth the paper they're written on," he said.

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