As of May 2025, we have seen a 9.73% increase in the adult prison population in Victoria in a period of one year. Dangerous and discriminatory bail laws which are deeply harming Aboriginal and Torres Strait Islander communities are making it easier to needlessly lock away more people – before trial or sentencing.
Victoria’s punitive bail system has always disproportionately impacted Aboriginal and/or Torres Strait Islander people, resulting in a dramatic increase in the number of people in prison who have not been sentenced. 13.5% of people in custody in Victoria are Aboriginal and/or Torres Strait Islander, even though we only make up 1% of the states population.
Over 35 years ago, the Royal Commission into Aboriginal Deaths in Custody handed down its report, which included recommendations to increase access to bail and only use prison “as a sanction of last resort”. Since then, the recommendations have been repeated in many reports, reviews, inquiries and forums, yet Victoria has failed to implement these recommendations and instead has gone backwards.
The government have the reports, they have the recommendations, they have the case studies. They have listened to our stories, heard the evidence of systemic discrimination, harm, suffering and trauma inflicted by the violent and ongoing colonial project. The tragic number of Aboriginal deaths in custody since an extensive review was done three decades ago is a national shame. We know that the trajectory Victoria is on will result in having the most harmful bail laws in the country.
We continue to call for the transfer of decision-making power, authority, control and resources to First Peoples, so we can determine the solutions for our people.
Bail Saves Lives Campaign
VALS have produced a Briefing Paper for the Bail Further Amendment Bill 2025, introduced by the Victorian Government in August 2025.
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In March 2025, VALS and over 100 representatives of Aboriginal Community Controlled Organisations, community services, family violence and legal sectors stood together to launch their open letter calling for the Victorian Government to implement just and fair bail laws.
As a collective voice, we strongly condemn the suite of knee-jerk bail law changes introduced by the Allan Labor Government in March. We know they will lead to greater criminalisation of Aboriginal communities and other marginalised communities. Granting bail saves lives. Any bail reform must align with, and not detract from Poccum’s Law. You can read the open letter here: Bail Saves Lives – Poccum’s Law is the Way Forward
In anticipation of the second tranche of bail law amendments scheduled for mid-year, VALS has prepared a Statement of Advice, containing 20 legislative and programmatic recommendations. Our recommendations are essential to minimising the inevitable harmful impacts of these regressive bail changes on Aboriginal people and communities. You can read VALS’ Statement of Advice here: Bail Saves Lives – VALS Statement of Advice: High Harm & Two Strike Bail Changes
VALS, alongside many others, are calling on the Victorian Government to implement Poccum’s Law in full. You can read the Poccum’s Law Blueprint here: Bail Saves Lives: Poccum’s Law is the Way Forward
