Victorian law on indefinite imprisonment

Issue 

Victorian law on indefinite imprisonment

By Alex Cooper

MELBOURNE — Harsh new sentencing legislation was passed by Victoria's parliament on April 29, a week after its introduction by state attorney general Jan Wade. The law provides for indefinite sentencing of people convicted of offences such as murder, manslaughter, intentionally causing serious injury, threats to kill, rape, assault with intent to rape, incest, sexual relations with a minor, abduction and kidnapping.

The act is an extension of the Dangerous Offenders Bill introduced by former Labor state attorney general (and now opposition leader) Jim Kennan last year and supposed to apply to only one prisoner, Garry David. The Labor government believed that David was so dangerous he had to be detained indefinitely.

The new bill was roundly condemned by a number of groups and by Kennan, who claims that it will increase the prison population by at least 500 and would mean spending an extra $140 million on two new high security jails and an additional $30 million per year. He said the law was better suited to a totalitarian society.

The Victorian Criminal Bar Association described the legislation as "draconian and inhumane" and "unnecessary". The Law Council of Australia said it breached Australia's human rights obligations and the International Covenant on Civil and Political Rights.

The Law Institute of Victoria had called for the bill to be delayed pending public debate. However, the government was determined to have it enacted.

The former Western Australian Labor government tried to bring in legislation for indefinite sentences for juvenile repeat offenders, targeting a group of Aboriginal youth in Perth. But it was forced to pull back after strong criticism from the Human Rights Commission.

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