Far fewer Victorians are expected to end up behind bars under long-awaited bail reforms, introduced years after the preventable death of an Indigenous woman in custody.
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Attorney-General Jaclyn Symes on Tuesday introduced the changes in a bid to make it easier for low-level offenders to get bail and reduce the number of Victorians languishing on remand.
Under changes to the Bail Act, people who committed crimes they were unlikely to receive prison time for would not be remanded in jail while they awaited their sentence.
The change would apply to summary offences, excluding some specific crimes including sexual exposure, displaying a Nazi symbol and common or aggravated assault, the government said.
"We are not relaxing the rules for serious offenders," Ms Symes told reporters.
"They still have the strictest rules apply to them and will be facing remand."
The "double uplift" provision, which resulted in repeat offenders already on bail having to fight harder to keep their freedom, would also be scrapped under the reforms.
The provision was among tougher bail laws introduced in 2018 after James Gargasoulas drove into a busy Bourke Street Mall in Melbourne the previous year, killing six people and injuring dozens more.
He was on bail at the time.
The government has opted against scrapping the reverse-onus test, which was also introduced in the 2018 reforms.
Under the test, offenders have to prove why they should get bail, rather than the prosecution proving why they shouldn't.
Instead, the government has sought to limit the reverse-onus test to serious offenders.
The reforms would be enacted six months after passing parliament.
The Victorian Aboriginal Legal Service welcomed the broader bail reforms, but urged the government to reconsider retaining the reverse-onus test and include a statutory review of the bill 12 months after it is enacted.
"There have been three bail bills before this in the last decade and the government has admitted that there were mistakes in all of them," legal service chief executive Nerita Waight said.
"They should accept that they probably haven't got this one right either and set a timeline for reviewing the bill in the legislation."
The changes also refine the definition of "unacceptable risk" to make it clear a court should not refuse someone bail just because there was a risk they could commit further minor offending.
Breaching bail conditions and committing further offences while on bail would no longer be specified criminal offences under the changes.
Children would have a presumption in favour of bail under the laws and adults represented by a lawyer would be able to make a second application for bail without showing new facts and circumstances.
Coroner Simon McGregor in January called for an urgent review of the Bail Act after investigating the death of Indigenous woman Veronica Nelson.
Ms Nelson was arrested in December 2019 on warrants for breaching bail and suspicion of shoplifting.
She represented herself in a bail application, which was denied.
Following dozens of calls for help, she died in her cell at Dame Phyllis Frost Centre days later from complications of Wilkie's syndrome while suffering from heroin withdrawal.
Opposition Leader John Pesutto said the coalition would review details of the legislation before outlining its position.
"We all want a bail system that keeps the community safe but doesn't see people on remand who don't represent a risk to the community," he said.
The Police Association Victoria was also waiting to see the bail reform bill in full.
The laws are expected to be debated in coming days.
13YARN 13 92 76
Aboriginal Counselling Services 0410 539 905
Australian Associated Press
