Victoria Voice to Parliament Axe Prisoner Open Air Bill 2026

Victoria's new First Nations voice to parliament has made its first intervention on government policy under nation-leading treaty powers to call for a controversial bill that would deny prisoners at least one hour of open air daily to be scrapped. The Labor government's corrections amendment bill 2026, which is expected to pass parliament this week with Coalition support, would give authorities the ability to deny prisoners their daily hour of outdoor time "subject to operational considerations."

This move has sparked significant backlash from legal, human rights, and First Nations groups, as well as the Victorian ombudsman, who have all voiced concerns about the potential violation of basic human rights. The bill is also seen as incompatible with the state's Charter of Human Rights and Responsibilities and its new treaty with First Nations People.

Why the Bill Contradicts Human Rights Standards

The Victorian government has acknowledged that the bill is incompatible with the state's Charter of Human Rights and Responsibilities and partly incompatible with its new treaty with First Nations People. Furthermore, it does not adhere to the United Nation's Nelson Mandela rules, which set minimum standards for the treatment of prisoners, including one hour each day in the open air, weather permitting.

Despite the outcry, the government will forge ahead with debate in the upper house on Thursday. This has prompted an intervention from Gellung Warl, Victoria's First Peoples' representative body established as part of the treaty process.

First Nations Voice Exercises Treaty Powers

For the first time, Gellung Warl has exercised its powers under the Statewide Treaty Act to call on the government to withdraw the bill. In a letter to the minister for corrections, Ros Spence; the attorney general, Sonya Kilkenny; and the deputy premier and minister for First Peoples, Gabrielle Williams; Gellung Warl co-chairs Meriki Onus and Djaran Murray-Jackson said the bill was "inconsistent with the spirit and intent of Statewide Treaty."

They emphasized that the bill seeks to deny the right of people in prison to spend one hour each day outside in the open air and sunlight, calling the vague excuse of 'operational consideration' unacceptable.

Comparison of Prisoner Rights Standards

Key Takeaways

• Victoria's First Nations voice has used treaty powers for the first time to oppose a government bill.
• The bill would allow prisoners to be denied daily open air based on operational considerations.
• Legal and human rights experts argue it violates international standards.
• The government acknowledges incompatibility but continues with the bill.
• Advocates urge withdrawal to protect basic human rights.

FAQ

As the debate continues, the intervention by Victoria's First Nations voice marks a significant moment in the state's treaty process. The outcome will set a precedent for how treaty powers are used to influence government policy and protect human rights.

Stakeholders and the public are urged to follow the developments closely, as the decision will impact not only prisoners' rights but also the credibility of Victoria's commitment to its treaty obligations.

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