A perceived youth crime crisis is a key factor in the Victorian government's 11th-hour backdown on bail reform for children.
Attorney-General Jaclyn Symes split the presumption of bail for children from broader legislation that passed the upper house late on Thursday.
It will instead become part of a standalone youth justice bill early in 2024, which will also seek to raise the age of criminal responsibility from 10 to 12.
The delay means the test for bail will remain the same for both children and adults, although child-specific considerations for decision-makers are still being updated.
The government had originally planned to introduce the presumption of bail for all children except those accused of terrorism or murder.
There was enough crossbench support to pass the change as part of the package, but Ms Symes said the government had a responsibility to ensure the perception of safety was maintained.
"This is not a backflip, this is just a pause," she told reporters at parliament.
"The practical effects of this are minimal but I do not want a discussion about a youth crime crisis that doesn't exist."
In September, a 14-year-old boy suffered life-altering injuries after he was allegedly abducted in Glen Huntly by a group of teens in a stolen car as he walked home from school.
The alleged ringleader of the attack, a 14-year-old Frankston South boy, was charged with committing an indictable offence while on bail, as well as other crimes.
The last-minute change will have a detrimental impact on Aboriginal and Torres Strait Islander youth, according to Victorian Aboriginal Legal Service lawyer Sarah Schwartz.
"It's really important that we don't buy into the narrative of a crisis in youth crime," she said.
"We know that, actually, rates of criminal offending have gone down.
"The majority of children being held in custody are there because of not getting bail, not because they're necessarily a danger to the community."
Shadow attorney-general Michael O'Brien accused the government of doing a "180-degree flip" for political reasons.
"What's changed? The premier's changed but also the headlines have changed," he said.
"It shows you this is a government that simply responds to headlines, not to good policy ideas."
Victorian Greens justice spokesperson Katherine Copsey said it was a retrograde step by the Allan government but the party's upper house MPs ultimately voted to pass the amended bill.
The bail reforms, designed to make it easier for low-level offenders to get bail and reduce the number of Victorians on remand, are set to be enacted six months after passing parliament.
Another government amendment mandated a statutory review of the bail laws' operation after two years.
The death of Indigenous woman Veronica Nelson in a prison cell in 2020 was the catalyst for relaxing the laws after they were tightened in 2018 following the Bourke Street rampage.
Earlier in 2023, a coroner investigating Ms Nelson's death branded the 2018 changes a complete and unmitigated disaster.
Ms Schwartz, who represents Ms Nelson's partner, said the overall reforms were a step in the right direction but didn't go far enough, urging the government to make further changes following the review.
