Ms SPENCE (Yuroke) — (11 856) My constituency question is to the Attorney‑General. What improvements to community safety can Yuroke residents expect as a result of the Andrews Labor government’s reform to the bail system? Local residents groups are very interested in community safety initiatives. These groups include the Craigieburn Residents Association, the Highlands Community Residents Group and the Greenvale Residents Association. I also note the contribution of local residents like Jo Hardie, who has re‑established the Craigieburn Neighbourhood Watch after many years of inactivity.

Residents were delighted at the $596 million investment in policing in the 2016–17 budget, which will mean more police where they are needed, when they are needed. Equally as beneficial is the custody officers program, which delivers on an election commitment and helps get more sworn officers on the front line in our communities. I look forward to receiving advice from the Attorney‑General about benefits to the Yuroke electorate as a result of the government’s important bail reforms.

Answer:

The Bail Amendment Act 2016 commenced on 2 May 2016.  The Act improves community safety by making it harder for those who truly pose an unacceptable risk to the community to be granted bail, whilst ensuring that children who do not pose a risk to community safety are not unnecessarily criminalised through the remand process.  

The Act requires that people charged with State terrorism offences be refused bail unless they are able to demonstrate exceptional circumstances.  This provides additional safeguards to the community, aligning the test with that applied for Commonwealth terrorism offences, and promoting consistency across jurisdictions.

The Act also expressly allows courts to take public expressions of support for terrorism into account in assessing the risk of releasing an accused on bail.  The inclusion of a terrorism specific factor will make it clear that this heightens the risk of a person’s release into the community, and prompt bail decision makers to specifically consider this issue.

The amendments also ensure our bail laws reflect community concerns about accused persons deliberately absconding while on bail.  The Act doubles the maximum penalty for the offence of failure to appear on bail from one to two years.  It also requires that people charged with serious offences, who, in the preceding five years have been convicted of failing to appear on bail ‘show cause’ to justify their release on bail.

The Government has also recently passed the Crimes Amendment (Carjacking and Home Invasion) Bill 2016, which creates the offences of aggravated carjacking, home invasion and aggravated home invasion.  Carjackings and home invasions are crimes that traumatise victims and have no place in our society.  This Bill sends a stronger message that they are unacceptable.  Those charged with any of the new offences created under this Bill – whether they are a child or an adult – will be required to show cause to justify any application for bail.

Hon Martin Pakula MP
Attorney General