Noel Pearson, a Cape York Indigenous leader, recently delivered a keynote address at the Garma Festival, discussing the impact of punitive child protection, youth justice, and adult incarceration systems on Aboriginal and Torres Strait Islander children and families. He declared that the inability of governments to deliver necessary reforms is a moral failure and a civilisational one.
Reform of bail laws and practices is an area that requires urgent attention, according to Emeritus Professor Eileen Baldry, Dr. Grace FitzGerald, and Associate Professor Thileepan Naren. They argue that limiting access to bail does not make streets safer, but rather makes people sicker.
In 2025, Victoria, New South Wales, and the Northern Territory further limited access to bail, supposedly to reduce youth crime rates and domestic violence. To be remanded in custody is to be removed from the community after being charged with an offense but before being found guilty.
The presumption of bail asserts that a person charged with an offense is presumed innocent until proven guilty and is entitled to remain in the community awaiting trial unless there are compelling reasons for the refusal of bail. However, since the 1970s, tough-on-crime politics has influenced a series of bail reforms, eroding common law presumptions through the expansion of reverse onus provisions.
This shift has resulted in the adult remand population tripling since 2005, with over 19,850 people in remand in June 2025. The flow numbers over a year are almost double the census numbers, reflecting the churn through the prison system.
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Remand is not about what you’ve done wrong, but about how vulnerable you are. A social determinants of justice paradigm illustrates why some groups are over-represented in criminal justice systems, including poverty, inequitable access to resources, early life exposure to violence, systemic racism, and poor health. They are shaped from an early age by these determinants.
For many, pathways into custody are shaped by the failure of housing, health, education, and community service systems to support children, young people, and their families. This failure can lead to a decline in health as a result of imprisonment.
Those who survive custodial contact experience a decline in their health. There are unacceptable rates of death in the first weeks after release from prison.
Even short periods of time in custody can disrupt protective factors in an individual’s life, such as connection to community and enduring relationships with local health services, disability, or housing support.
Our response to crime should consider the social determinants of incarceration and strive to increase community safety. Incarcerating an adult costs $440 per day in 2024-25, while keeping a child in custody costs an astounding $3,320 per day or $1,211,147 per year.
These funds could be invested in proven early, preventive, pro-social, and public health initiatives that prevent incarceration. Strategies with evidence for addressing the social determinants of incarceration include therapeutic jurisprudence, First Nations-led community projects, and grassroots initiatives.
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Bail practice is a focus of law reform in Australia and internationally. Community legal services and advocates propose legislative reform to better balance community safety and harms to individuals and communities disproportionately impacted by remand.
Public health considerations in any review of bail laws might include acknowledgement of the social determinants of incarceration, review of available evidence relating to the public health implications of remand, and increased investment in diversion from remand support programs.
Reducing the risk of offending behavior requires national strategies and intergovernmental agreements that address the social determinants of incarceration. By applying public health principles to bail laws and practices, they can work towards creating a safer and healthier community for all.
Noel Pearson’s keynote address highlights the need for reform. They must address the social determinants of justice.
It is about creating a safer community.