After years of tough-on-crime policies being pushed by the Victorian Coalition, Liberal MP Brad Battin is pursuing a different goal: using money currently spent locking people up to keep them out of prison.
After his appointment as the opposition’s criminal justice reform spokesperson, Battin – who worked in prisons and later became a police officer before entering politics – said it was possible to prioritise community safety while also finding alternative punishments for people who should not be in jail.
“We shouldn’t put people in jail if we don’t need to. We need to start thinking this way for low-level crime, white-collar crime,” Battin said in an interview with Guardian Australia.
“If you steal $5,000 because you have a gambling addiction, then the answer is not putting you in jail for three months … The problem wasn’t stealing – it was the gambling.
“Obviously it’s different if someone stole $3m – there probably has to be a jail sentence. But we need to get the balance right.”
The rate of incarceration in Victoria has been steadily rising over the past decade, with the number of Aboriginal inmates almost doubling in that time. This is largely attributed to changes to the law that have made it more difficult for vulnerable individuals to access bail and parole.
It has also led to a corresponding rise in government spending on prisons. A new $1.12bn maximum security prison is set to open soon in Victoria’s south-west, while the $419m Cherry Creek youth justice centre, completed in June, is able to hold more children and young people than are now imprisoned in total across the state. A further $791m is being spent to upgrade and expand five existing prisons.
Battin said this investment is at odds with justice reinvestment initiatives being adopted by other jurisdictions across the world.
“We’re actually designing this system to fail. We’re designing it to make it easier for judges to incarcerate people. This is happening at the same time [as] countries overseas are trying to reduce prison populations,” he said.
Battin pointed to the US state of Texas, where an increased investment in tackling the root causes of crime – such as in health, education, housing and employment – has successfully led to the closure of prisons.
“Can you find a more rightwing place in the world? And they’re doing it,” Battin said, before adding he was also looking to the “open” prison model adopted by Finland and Norway, and which is being replicated in NSW.
Battin’s comments, which mirror those contained in the maiden speeches of new Liberal MPs Chris Crewther and Evan Mulholland, represent a significant shift away from the failed tough-on-crime policies pursued under the leadership of Matthew Guy that were blamed for the 2018 election loss.
Battin said since John Pesutto has taken over the Liberal leadership in December, there have been several “open” and “constructive” discussions on issues such as criminal justice.
“It’s not about being ‘more left’ – it’s about changing the justice system so we have the best outcomes,” he said.
“How do we make every person in the justice system more job ready? Or if they need other help, how do we guide them so they get mental health support or disability support?
“Too many people with disabilities are in the justice system. The figures are way off the charts. That’s not good for anyone.”
Mindy Sotiri, the executive director of the Justice Reform Initiative, welcomed Battin’s comments.
“We’re extremely heartened by the growing recognition among Victoria’s lawmakers that jailing is failing,” she said.
“Australia has lagged well behind comparable countries by persisting with failed tough-on-crime populist rhetoric for so long.
“We need to embrace a criminal justice model that genuinely relegates prisons to a position of last resort and instead centres community-led interventions that really work to break cycles of disadvantage, reduce reoffending and build safer communities.”
The premier, Daniel Andrews, has also indicated criminal justice reform will be at the forefront of his third term. He has indicated the government will raise the age of criminal responsibility from 10, as well as pursue bail reform after a damning coroner’s finding into the death in custody of First Nations woman Veronica Nelson.
The state’s truth-telling inquiry, the Yoorrook Justice Commission, is poised to make recommendations around policing and incarceration, which the government has committed to accepting.
The Greens are also seeking to capitalise on their increased presence in the upper house to pursue reform. The party’s bill to raise the criminal age of responsibility to 14 is currently before the parliament.
While Battin is a supporter of raising the age – putting him at odds with the shadow attorney general, Michael O’Brien – he said he had reservations about the Greens’ proposal.
“A blanket raising to 14, I think that’s a risk … There need to be carve-outs so that if an 11-year-old does something terrible, there are arrest and detention powers,” Battin said.
He was also critical of the media’s reporting of criminal justice issues, saying there was a tendency to “sensationalise things very very easily”.
Battin also called on the government to cancel Covid-19 fines in light of NSW withdrawing 33,000 penalty notices late last year – and made a confession.
“Reimburse the ones that were paid. Get rid of the ones that were unpaid,” he said.
“I’ll be honest with you – the 2020 grand final, I’m Geelong mad – we snuck around to someone’s house to watch it. I can tell you I wasn’t alone because as I drove down the street, plenty of people we doing the same. Most people broke a rule during Covid. I was super strict – I didn’t want to end up on the front page of the paper – but that was the one time I did [it].”
