Skip navigation

Bail Amendment (Stage One) Bill 2017 - Consideration in Detail

profile image
Sam Hibbins MP
Member for Prahran
15 June 2017

Mr HIBBINS (Prahran) — My question is in regard to clause 1 and the purposes. In the bail review Paul Coghlan said section 4 of the Bail Act should be amended so that it provides that:

in applying the unacceptable risk, exceptional circumstances and show good reason tests, a bail decision-maker must take into account —

more detailed factors, including:

the nature and seriousness of the alleged offending, including whether or not it is a serious example of the offence;

any special vulnerability of the accused, including by reason of youth, being an Aboriginal person, ill health, cognitive impairment, intellectual disability or mental health;

the availability of treatment or support services;

the length of time the accused is likely to spend in custody if bail is refused;

and:

the likely sentence should the accused be found guilty of the offence charged …

There are also the existing factors in the act, such as the accused's criminal history and the strength of the prosecution's case, yet it appears that this bill does not provide for these additional considerations. I was wondering why that was the case.

 

Mr PAKULA (Attorney-General) — Quite simply, as I have indicated now on a number of occasions, the government made a determination that we would deal with what we would describe as the easier recommendations to implement from a technical sense in the stage one bill and other elements of the recommendations in the stage two bill. As I think I have already indicated, the interaction between the unacceptable risk test and the reverse onus test — and by extension the application of the unacceptable risk test, which is the recommendation that the member for Prahran has just read from — are matters of some complexity, and it is the government's intention that they would be dealt with in the second bill.

profile image
Sam Hibbins MP
Member for Prahran
15 June 2017
SHARE:

WHAT I'M FIGHTING FOR


LATEST NEWS

PARLIAMENT

Major Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Bill 2021

MR HIBBINS (Prahran): I rise to speak on the Major Events Legislation Amendment (Unauthorised Ticket Packages and Other Matters) Bill 2021. This bill obviously builds on previous legislation that we have passed in this Parliament that put restrictions on ticket scalpers and onsellers to major sporting events and other major events in...

PARLIAMENT

Constituency question: Plan for Prahran TAFE site

Mr HIBBINS (Prahran): My constituency question is to the Minister for Training and Skills, and I ask for further detail on the plan to acquire the Prahran TAFE site and develop a master plan, which is an important step forward towards realising the shared vision of an arts and education precinct...

PARLIAMENT

Members statements: Out and About in Prahran

Mr HIBBINS (Prahran): It has been great to be out and about in the Prahran electorate meeting up with residents, businesses, community groups and organisations. In recent weeks I have spoken at Reconciliation Stonnington about the high rates of Indigenous incarceration in Victoria and the need for criminal justice reform. I...

PARLIAMENT

Members statements: Far-Right Ideology and Protest

Mr HIBBINS (Prahran): I rise to condemn the inciting of violence, the parading of gallows and the torrent of racist, sexist and transphobic abuse that has been directed at my parliamentary colleagues. Peaceful protests, demonstrations and even some direct action are the hallmarks of a democratic society, but what is...