Police warn bail laws hamper efforts to prevent family violence

Frontline police are concerned Victoria’s latest bail reforms have limited their ability to deal with family violence offenders who breach conditions for their release.

Breaching bail is no longer a criminal offence under changes rolled out in late March, after a coroner investigating the death of an Indigenous woman in custody found the charge disproportionately affected vulnerable people without increasing community safety.

Police officers have raised concerns they have fewer options when dealing with family violence offenders.Credit: Paul Rovere

But after a spate of killings of women around the country this year, police on the ground have complained they now have fewer options to respond when an alleged domestic violence offender breaches bail conditions such as by turning up at a victim’s home or sending unwanted text messages.

However, the state’s law institute and organisations supporting Indigenous people and victims of family violence are cautioning against any reactionary toughening of bail laws.

Police Chief Commissioner Shane Patton met Premier Jacinta Allan at Parliament House on Tuesday to discuss new solutions to the family violence crisis.

Family Violence Assistant Commissioner Lauren Callaway acknowledged in a note to officers – posted on an internal police messaging system and seen by The Age – that many had raised concerns about the bail amendments and family violence.

Victoria Police Assistant Commissioner Lauren Callaway.Credit: Justin McManus

Callaway said her team had liaised extensively with courts and legal stakeholders and would “continue to work with them to find solutions”.

Police can still apply for bail to be revoked for breaches, and breaking an intervention order remains a criminal offence. But frontline officers responding to Callaway’s message wrote they were left feeling unable to act.

“In a time when women are being killed by their current or ex-partner at an alarming rate, how can lawmakers or those in positions of power change legislation and think this is in any way acceptable[?]” one officer wrote in response.

Another officer wrote: “There is almost no consequence for respondents.” And another wrote that offenders might as well just be “asked nicely not to offend”.

Attorney-General Jaclyn Symes said on Tuesday that she would monitor a review of NSW bail laws and family violence, but had no plans to review Victorian laws. The Victorian reforms rolled out this year will be subject to a statutory review in two years.

A taskforce of ministers is looking at possible solutions to reduce family violence rates.

“A lot of things are on the table,” Symes told parliament. “But in terms of a formal review of bail in relation to family violence, there’s a range of matters, but that’s not a specific recommendation that’s been brought to me.”

Two police sources, speaking on the condition of anonymity to protect their employment, said the issue of bail had been discussed internally at senior levels.

Tania Farha, the chief executive of Safe + Equal – the peak body for specialist family violence services in Victoria – said she believed appropriate laws were in place for police to act when they needed to.

She said a government review was not a bad thing but should not replace other work. “Are there gaps? Of course.”

She said the government needed to provide funding certainty for family violence programs, and listed data sharing, housing and welfare as key areas that needed improving. Most family violence victims did not go to police in the first instance and early interventions could be strengthened, Farha said.

She cautioned that the former tougher bail laws had perverse outcomes that were worse for Aboriginal women and marginalised people, including victims of family violence.

The National Women’s Safety Alliance wants the federal government to launch a national review into deaths where an accused person was on bail or under an intervention order, and for nationally consistent bail reform that met specialist understandings of victims at risk.

“One of the things that our members want is a nationally consistent way that we treat risk and how we look at risk assessment,” alliance executive director Katherine Berney said. “We at least need a set of overarching principles and minimum standards.”

While Berney was seeking a national response, she said states needed to stop buck-passing and work together.

Victorian Aboriginal Legal Service chief executive Nerita Waight said Indigenous people – and women in particular – fared the worst under Victoria’s former strict bail laws.

The Victorian Aboriginal Legal Service’s Nerita Waight says the state’s past bail laws were a disaster for Indigenous people.

She said Aboriginal women were more likely to be misidentified by police as perpetrators of family violence, and that a reactionary review and potential toughening of bail laws would hurt them most.

“Last time the Victorian government toughened its bail laws, they were labelled a disaster,” Waight said. “The Victorian government should focus on considered measures that do not result in locking our people up unnecessarily.”

Law Institute of Victoria chief executive Adam Awty cautioned against reactionary law changes as there had already been exhaustive reviews of the bail system.

“[Our] position is that tougher bail laws on their own do not make for a safer community,” Awty said.

A government spokeswoman said strict bail tests applied to a person charged with serious sexual or violent offending and repeat family violence offenders.

“We have the toughest bail laws in the country when it comes to those charged with serious offending – this hasn’t changed,” she said.

Those who rule on bail are required to consider the risk of family violence and the views of victim-survivors.

A police spokeswoman said officers still had the power to bring family violence offenders who breached bail conditions before court, where magistrates could consider revoking bail.

Support is available from the National Sexual Assault, Domestic Family Violence Counselling Service at 1800RESPECT (1800 737 732).

Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.