The NSW Government is to bring legal reforms that will make it more difficult for those accused of serious domestic violence offences to get bail to NSW Parliament this week.
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There will no longer be a "presumption" of bail for serious domestic violence offences, alleged offenders will be required to demonstrate why they should be out in the community.
Those who are released on bail will be electronically monitored.
NSW Premier Chris Minns announced the government would bring the legislation to Parliament this week, but could not provide a timeframe for its roll-out.
From the time the legislation is adopted, more people facing serious domestic violence charges will be remanded in custody, he said in a press conference in Sydney on Tuesday, but the electronic monitoring will take time to implement.
"I can't give a timeframe today, as soon as possible," Mr Minns said.
Devices will have to be purchased and the monitoring and notification system established, he explained.
"I want to be up front it's a very difficult task, I need time for government departments to set up a system to work," he said.
"It's not going to be years away," he clarified, but would not be switched on until a regime is in place and an option for magistrates.
Mr Minns acknowledged the reforms were "long overdue" but described them as targeted.
"These new reforms will make it more difficult for alleged domestic violence offenders to get bail," Mr Minns said.
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said the reform would complement the $230million package (outlined in last week's Advocate) to improve NSW domestic violence prevention and support.
The reforms include:
Reversing the presumption of bail for serious domestic violence offences, by expanding the category of "show cause" offences. This will require alleged offenders to demonstrate why they should be out in the community.
This test will now apply to serious domestic violence offences committed by intimate partners, including sexual assault, strangulation with intent to commit another offence and kidnapping, with a maximum penalty of 14 or more years jail; and coercive control, which will be a criminal offence from 1 July 2024.
Requiring electronic monitoring of people charged with serious domestic violence who are on bail.
Expanding the categories of offences for which bail decisions can be 'stayed', that is the accused person remains in custody while prosecutors challenge their release in the Supreme Court.
For all other domestic violence related offences, requiring bail decision-makers to consider domestic abuse risk factors, including 'red flags' such as behaviour that is physically abusive or violent; behaviour that is sexually abusive, coercive or violent; stalking, animal abuse, verbal abuse or intimidation.
They will also be required to consider the views of victims and their family members, where possible, about safety concerns for all domestic violence offences.
Changes to make it easier to prosecute perpetrators who use tracking and surveillance devices as a tactic to maintain control over their victim.
Changes to weekend bail courts across NSW, to ensure bail decisions are made by magistrates (for example, using audio visual links) with consultation on the design and rollout of the scheme.
