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🇦🇺 Australia /Crime & Justice

Victoria's prisons overflow as critics warn of Indigenous death in custody risk

From ABC Australia · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources Context piece
  • Victoria's prison system is struggling to cope with a growing population of unsentenced prisoners.
  • Critics warn that tough-on-crime bail laws, introduced in March 2025, could lead to an Indigenous death in custody.
  • The state is reportedly holding prisoners in police cells longer than the legal limit due to a lack of prison capacity.

Legal advocates are raising grave concerns about Victoria's prison system, warning that recent bail law changes could result in another Indigenous death in custody. The state's prisons are struggling to accommodate a surge in unsentenced prisoners, a situation reminiscent of the circumstances surrounding the death of Veronica Nelson in 2020.

her service was "gravely" concerned the current settings would result in another "entirely preventable" death in custody.

— Raagini VijaykumarVictorian Aboriginal Legal Service (VALS) principal managing lawyer on the potential consequences of the current prison system pressures.

Introduced in March 2025, the updated Bail Act aims to prioritize public safety by making it harder for repeat, violent offenders to be granted bail. Police Minister Anthony Carbines stated in May that these changes had led to an 84% increase in people being denied bail. However, legal sector representatives and the prison officers' union argue the system cannot handle the pressure.

the government was "scrambling" to find places to put people on remand, which resulted in them being held in police cells longer than the legal 14-day limit.

— Melinda WalkerCriminal law specialist describing the challenges of accommodating remand prisoners.

The number of individuals in the justice system is nearing levels seen when Veronica Nelson, an Aboriginal woman, died on remand in January 2020. Nelson, who was arrested for low-level theft, was denied bail under similar tough-on-crime laws enacted after a 2017 attack. The Victorian Aboriginal Legal Service (VALS) fears the current conditions will lead to another preventable death.

That's quite unacceptable. They're not conditions that people should be spending any more than overnight in.

— Melinda WalkerCriminal law specialist on the conditions of police cells used for holding remand prisoners.

Criminal law specialist Melinda Walker described the government as "scrambling" to find places for remand prisoners, leading to extended stays in police cells beyond the 14-day legal limit. She highlighted that police cells are not equipped for long-term stays, lacking adequate medical staff, proper sanitation, and access to fresh air. Despite these issues, "the jails don't have capacity," forcing a continuous movement of prisoners between police cells.

the jails don't have capacity … so they are moving from police cell to police cell

— Melinda WalkerCriminal law specialist explaining the reason for holding prisoners in police cells.
DistantNews Editorial

Originally published by ABC Australia in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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