A year after mandatory jail sentences were introduced for people who assault emergency workers, offenders are still avoiding time behind bars - which Tania Maxwell says is "unacceptable".
The Wangaratta-based MP has called on the Victorian government to fix the legislation that is not working, and make it harder for criminals to use a loophole.
The change in law was supposed to result in offenders being jailed for a minimum of six months.
Ms Maxwell said the safety of emergency workers had to be prioritised by ensuring the justice system holds perpetrators to account.
She will introduce a motion to Parliament on Wednesday that includes a point to "more effectively prevent the perpetrators of such assaults from avoiding mandatory minimum sentences".
"The current state of affairs is unacceptable," she said.
"The state's courts are frequently thwarting community expectations and discarding the recognition and rights of victims over perpetrators of vicious attacks on our emergency workers."
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Offenders can avoid a mandatory jail sentence if they successfully argue they have "special reasons".
But Ms Maxwell said there are still too many "abhorrent assaults" on emergency workers and the exceptions remain too wide and subjective, giving more consideration to offenders over "the trauma and suffering of those assaulted while simply doing their job".
One case she brought up was that of Orion Harding, who violently attacked two paramedics in Wahgunyah while drunk and was sentenced to a community corrections order with community work and a $500 fine.
The Department of Public Prosecutions will appeal that sentence, arguing the judge should have imposed jail time, and the case will be heard in Wodonga County Court at a later date.
"There continues to be a broad range of reasons for discretionary judicial decisions to be made, and non-mandatory sentences to be applied," Ms Maxwell said.
"The widely agreed and accepted policy to support and protect emergency workers is not even coming close to being enforced and needs to be addressed."