Question without notice
June 22, 2021
Ms MAXWELL (Northern Victoria) (12:11): My question is to the Attorney-General, Ms Symes.
I understand that during this term of Parliament cabinet has been considering substantial changes to Victoria’s sentencing and bail laws. I also understand that among the potential changes canvassed in that process have been the abolition of all prison sentences of less than six months, the downgrading of the seriousness of a number of offences to summary or minor offences and the reversal of other outcomes of the Coghlan review of the bail system.
Attorney, especially given the currently high levels of criminal recidivism and considerable public dissatisfaction with sentencing practices, can you guarantee to Victorians that the government will not be relaxing laws already widely seen as prioritising the interests of offenders over community safety?
Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Resources) (12:12): I thank Ms Maxwell for her question.
Ms Maxwell, whilst I am happy to answer your question, I would correct some of the contentions that you have made in relation to cabinet discussions. Although it is not my practice to go and talk about what is discussed and what is not discussed at cabinet, some of the points that you have made certainly have not been discussed at cabinet, so I am not quite sure of the basis of your question. It sort of makes it a little bit difficult to answer in great detail when the foundation of your question has faults in it.
However, in saying that, in relation to the Victorian government’s commitment to keeping the community safe, we are always looking at and consulting on sentencing practices, bail reform and the like, and I have made no secret of the fact that I like to have conversations with people about the justice system and how it operates.
In relation to sentencing outcomes, I am certainly committed that those are transparent and consistent with community expectations and that serious offences are treated with serious consequences, and that is certainly why we have made custodial sentences the only option for over 30 serious offences and the like.
When it comes to bail, as you have identified, there have been experts that have provided advice to government in relation to how bail should operate, and we continue to take advice from the experts and listen to victims and listen to those that are working in the system.
While I can give you a commitment that this government will focus on community safety and putting victims at the forefront of our responses to justice systems, it is a little difficult to respond to the specifics of your question. But I am more than happy, as always, to continue conversations, because I know that these are matters that are very important to you and your party.
Ms MAXWELL (Northern Victoria) (12:14): Thank you, Attorney.
A lot of that question was derived actually from an article in The Age on 15 May. In December 2016 Premier Daniel Andrews said, and I quote:
… the judiciary need to hear the very clear message coming from the Victorian community …
The safety of the community has got to come first when you’re talking about sentencing and the administration of the justice system in our state …
And:
… I’m concerned to make sure that we have a tough statute book …
So in light of your answer to my first question, Attorney, I now ask if those comments from the Premier are no longer an accurate reflection of the government’s position.
The PRESIDENT: Ms Maxwell, I know you referred to the quote from the Premier, but can you advise the house where you got that quote from?
Ms MAXWELL: Where the quote has come from? I do not have it directly in front of me, but I can guarantee that the quote was made.
Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Resources) (12:16): Ms Maxwell, this government, through our efforts, has always put community safety and the rights of victims at the forefront of looking at changes to the judicial system, responding to community attitudes.
Our bail reforms require judges to prioritise community safety, for example, and so there is no diluting of those efforts. But coming back to the combination of your two questions, we are always looking at reforms. I make no apologies for that. We want to respond to community expectations. We want to make sure the system is working well.
Hearing from the courts, hearing from those that work in the legal profession and indeed those that have gone through the criminal justice system is all part of my job, and that is what we are focused on in keeping the community safe and keeping up with community expectations.
