Understanding the new Victorian bail legislation: Children

In this guide, we delve into the recent changes in Victorian bail legislation and the specific implications for children.

Background to Reform

The Victorian government recently announced plans to enact reform of the Bail Act 1977 (Vic), with specific amendments focused on improving bail laws for children. These reforms were precipitated by the coronal inquest into the death of a First Nations woman, Veronica Nelson, in custody in 2020. In the findings delivered in January 2023, Coroner Simon McGregor found that a number of systemic failures had contributed to Ms Nelson's death including the operation of 'reverse onus' thresholds in the Bail Act. He noted that the operation of the Act following changes in 2018 had a disproportionate and discriminatory impact on First Nations people and other vulnerable members of the community. He made a number of recommendations to reform the legislation to reduce the disproportionate adverse effects on both First nations people