ad hoc substance detox, emergency
accommodation or refuge from family
violence and, in the absence of any
mental health facilities, as a warehouse
for people with mental health issues.
so that they might access treatment
not available on the outside may be
seen as making the best of a bad
set of options. However, it comes as
significant cost to these women
losing their liberty.
periods of time, which causes significant
disruptions to the women, their family and the
community. Not only is it an ineffective way to
address Koori women's drug and alcohol issues
but women on remand also have limited access to
drug and alcohol and mental health programs in
prison as those on remand are not eligible.
that residential facilities for Koori women with
appropriate supervision, wrap-around services,
mentoring programs and access to their children
are critical to successful completion of bail
conditions. The Commission supports this view.
changes contained in the Bail Amendment Bill
2013 entrench the emerging practice of bail
conditions being set that exclude the accused from
geographical locations.
example if they are not allowed to return to their
local community/home, transport hubs or the area
in which they are employed, use child-care or
where their child attends school.
Those on remand can enter the Marrmak Acute Mental
Health Ward at the Dame Phyllis Frost Centre.
One of the proposed conditions of the Bail Amendment
Bill 2013 (Vic) is subsection 5(2A)(f), which provides
that a person granting bail may place a condition on
the bail undertaking relating to geographical exclusion
zones, being "places or areas the accused must not
visit or may only visit at specified times".
conditions include a wide geographical exclusion
zone which restricts their ability to work, attend school
or training, care for their children, practice their religion
or culture, attend support counselling or medical
services, their Charter rights to freedom of movement
and association could be unreasonably limited.
contribute to increasing rates of incarceration for
Koori women as it introduces a new offence into the
Act. Under new section 30A, an accused person
on bail must not, without reasonable excuse,
contravene any conduct condition imposed on
them. This offence is punishable by a fine of 30
penalty units or three months' imprisonment.
Act, providing that a member of the police force
may serve an infringement notice on a person the
member has reason to believe has committed an
offence against either of these sections.
comprehensive review of the Bail Act in 2008, the
Victorian Law Reform Commission recommended
that a new offence of breaching a bail condition
should not be created. The Victorian Law Reform
Commission came to the view that:
have a disproportionate impact on
accused people with drug addiction,
mental illness, and disabilities such
as acquired brain injury, whose lives
are chaotic. It would also have a
disproportionate impact on young
people who may not at first appreciate
the seriousness of adhering to
conditions. This charge would result in
conviction for a breach offence, making
it harder to get bail in the future.
Reform Commission's view and is disappointed
that these new offences are being introduced.
Victorian Equal Opportunity and Human Rights
Commission, Submission to the Scrutiny of Acts and
Regulations Committee Bail Amendment Bill 2013
(May 2013) 3[15]. <http://www.humanrightscommission.
vic.gov.au/index.php/submissions> at 9 May 2013.
The second reading speech states that unless the court
directs otherwise, a sentence of imprisonment will be
served cumulatively with any sentence of imprisonment.
Victoria, Parliamentary Debates, Legislative Assembly,
17 April 2013, 1266-8 (Robert Clark, Attorney-General)
Victorian Law Reform Commission Review of the Bail
Act: Final Report (2007) 128.