Australian governments have been telling Aboriginal people for 237 years that they know “what’s best” for us. Last night the government rammed through the second round of bad bail laws, ignoring the calls of VALS, the Aboriginal Justice Caucus, the Koorie Youth Council and over 100 organisations in the community sector. They did not take on the full suite of legislative and programmatic safeguards in Bail Saves Lives, and instead, chose a path of pre-trial mass incarceration for Victorians.
This Labor government with Premier Allan at the helm is repeatedly saying ‘No to justice’. As a government they have openly accepted that remand and incarceration, even for a short period of time, can have a dramatic destabilising effect on people who have not yet been found guilty of any crime. It would be nice to see Victoria prioritise the needs of those most vulnerable above those with the loudest voices and deepest pockets.
The Allan government’s hollow words filled parliament last night, claiming they have invested in ‘protective supports’ for community. Yet their actions fail to put their money where their mouth is. We know as our people wake up today, they do not have access to the self-determined supports they need to thrive. VALS have been demanding increased funding for our Balit Ngulu practice so we can expand our model across Victoria. We need funding to be able to provide dedicated youth legal assistance for a broader range of issues including child protection, family violence and civil matters.
It is a disgrace to then see the Labor government’s illogical decision to invest in more machete disposal bins equating to around 14 million taxpayers’ dollars, but on the other hand only allocating a dismal 1.9 million dollars for a youth outreach program three months ago in the state budget. When you do not invest in the very services that provide such critical support, our people suffer.
These dangerous bail laws are a crisis for Aboriginal people who, when charged with offences they have not even been found guilty of, are unable to remain connected to family, community and culture, or access support services. Instead, they are learning that the state does not have hope for their futures. This does not equate to community safety.
There have been 607 Aboriginal people who have passed away in custody since the Royal Commission into Aboriginal Deaths in Custody. This government knows exactly what they are doing and their intention is clear – push people unjustly into prison and criminalise their disadvantage. They are winding back lifesaving reforms that were implemented in response to Veronica Nelson’s tragic and preventable passing in custody. They claim these bail laws will avoid the mistakes of the past. Well, we can see the future they are legislating, and it is not one where Aboriginal people are safe.
We know it, the Aboriginal community knows it, the legal and community sectors know it. BAIL SAVES LIVES.
Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:
“It is clear this government says no to justice for Aboriginal people. They are simply legislating to fill cells and win votes. Minster Erdogan spoke to this government’s vision of a “modern, effective and humane” justice system, I find this language deeply disturbing when we know that our people have continued to suffer at the hands of the colonial state and the system’s they created to this end.
“Last night the government acknowledged the link between the cost of living crisis and how that can lead to low level poverty related crimes. But these reckless bail laws will be making it so much worse for our people. Supporting protective factors does not equate to a $100 energy rebate, regardless of what Corrections Minister Erdogan says. It is a laughable and embarrassing band aid fix in the face of a cost-of-living crisis, family violence crisis and mental health crisis. This is an indelible shame of this government. It will not be forgotten how you have failed us.”
“This government has laid a legal tripwire for our people. On the one hand we have a government celebrating this country’s toughest bail laws, and on the other we on the cusp of finalising this country’s first Treaty. The plethora of agreements in place to address the overincarceration of our people appear meaningless. We will not let Treaty be afforded the same fate, and ensure justice through Treaty is realised.”