Victorian Government must invest in prevention and target second round of reforms after new bail law limits human rights

26 March 2025

The Victorian Equal Opportunity and Human Rights Commission has called for greater investment in prevention following Parliament passing the Victorian Government’s Bail Amendment Bill 2025 last week, which limits human rights.  

The Commission shares community concerns that the Bill’s measures will result in the incarceration of more young people and risks the over incarceration of marginalised communities for minor offending. These outcomes compromise the right to liberty under the Victorian Charter of Human Rights and Responsibilities, a law which requires that any limitations on the rights of people in Victoria must be necessary, justifiable and proportionate.  

The new reforms reverse the Victorian Government’s 2023 bail amendments that supported rehabilitation, which were evidence-based, drawn from expert advice and supported by the Commission. 

Victorian Equal Opportunity and Human Rights Commissioner Ro Allen said investment in effective prevention must accompany the reforms. 

“The government must now commit to ensuring that Victoria’s prevention programs are evidence-based and appropriately funded to reduce the likelihood of people, particularly children and young people, entering custodial settings where the risk of reoffending increases”, Commissioner Allen said. 

Having raised the Commission’s concerns with the government since the new reforms were announced, Commissioner Allen said it was critical for the second round of bail reforms timed for mid-year to be targeted, evidence-based and built from wider-ranging consultation. 

“Not targeting the next round of bail reforms to serious aggravated offending increases the risk that preventable tragedies could occur in custodial settings for minor offending, just like the passing of proud Gunditjmara, Dja Dja Warrung, Wiradjuri and Yorta Yorta woman, Veronica Nelson in 2020. 

“To get the right solutions for our community, the government must ensure the second round of bail reforms strikes the balance between addressing community safety and protecting human rights”, said Commissioner Allen.