Victoria’s new package of bail reforms is being criticised for imposing tougher bail conditions on youth offenders, which are seen as a deterrent rather than a solution to breaking the cycle of reoffending.
The Victorian Government is labelling the reforms as the toughest bail laws to be introduced in Australia, making it harder for repeat adult and youth offenders to get bail. The harsher punishments result from pressurised decision-making in the state’s effort to tackle rising crime rates.
Victorian Premier, Jacinta Allan said in a press conference on Wednesday, March 12, that the current laws are not meeting community expectations regarding the repeated pattern of offending. Ms. Allan admitted that the government “got it wrong” when it introduced previous changes to the bail laws in 2023.
Youth offenders convicted of serious crimes have been placed on the same footing as adults under a new test, which will prevent them from being granted bail after committing an indictable offence while on bail. The “second strike rule” will also introduce breaking bail conditions or failing to meet curfew as an offence.
“Our tough bail laws will jolt the system — putting community safety above all, creating the toughest bail laws ever, and ensuring bail rules are respected,” Ms. Allan said.
Legal Director of the Children and Young People’s Program at West Justice, Anoushka Jeronimus has raised concerns about whether incarcerating young people is the answer to rehabilitation.
“Bail changes haven’t worked in the past, so we are concerned that these laws will not make the community any safer and may actually push young people toward reoffending,” Ms. Jeronimus said.
“What needs to happen as a high-priority focus is proper funding for the Youth Justice Act, which was introduced in December 2024, to ensure its full implementation.”
Ms. Jeronimus added that the cost of keeping a young person in custody is $7,775 a day which could be better used for rehabilitation and resources.
“Childcare, mentoring, transport to and from sports, gym memberships, after-school and weekend activities are some of that micro day-to-day stuff every Victorian family needs.”
Victoria Legal Aid has labeled the tightening of Victoria’s bail laws as a backward step.
Executive Director, Kate Bundrock said the changes will cause serious harm to people in the community who need the most support.
“We need to look at increasing access to bail support programs and early intervention and prevention programs, which have been shown to significantly reduce reoffending and improve other health and wellbeing outcomes for children and families.”
