The Human Rights Law Centre,Victorian Aboriginal Legal Service and Nelson’s family havepreviously called on the Andrews government to make urgent changes to scrap the reverse onus provision. The coroner in January said the hardened provisionbreached the charter of human rights.
Nelson,a 37-year-old Gunditjmara,Dja Dja Wurrung,Wiradjuri and Yorta Yorta woman whose death was found to have been preventable,died alone in a cell at the Dame Phyllis Frost Centre in January 2020 with a rare gastrointestinal condition,opiate withdrawal and malnutrition. She had been arrested for shoplifting and failing to appear on bail.
Tributes to Veronica Nelson inside the Coroners Court during her inquest last year.Credit:Eddie Jim
A winding back of the bail laws isexpected to face opposition from Victoria’s powerful police union.
As first revealed byThe Age last month,bail-specific offences will be repealed under the proposal.
If they are denied bail,an accused would be able to make a subsequent bail application without having to bring new facts.
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Children will have the presumption of bail except for serious offences such as terrorism and homicide.
The bill will also introduce offences that a person cannot be remanded for,to stop people who are unlikely to be sentenced to a prison term if found guilty from ending up behind bars in the interim.
Police and the courts are required to consider whether a person is Aboriginal before denying bail,which would be strengthened under the government’s reforms.
Symes said the changes would ensure vulnerable people accused of low-level crimes were not unnecessarily held in prison on remand while retaining a “tough approach” for people accused of violent offences.
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“These reforms are sensible,proportionate and necessary. They address the most urgent changes needed to our bail system so that those involved in minor offending don’t have a major life setback because of it,” Symes said on Tuesday.
“We also have a responsibility to Victorians to protect the community from serious offending. Our reforms maintain the tough approach to those who pose a serious risk to people’s safety that Victorians expect.”
Nelson’s family in March outlined their vision for change,referred to asPoccum’s Law,named after Nelson’s nickname as a child.
Images contained in this story were released to the media with permission from the family. For crisis support run by Aboriginal and Torres Strait Islander people,contact 13YARN (13 92 76).
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