Tough new bail laws for alleged domestic violence offenders have been passed in NSW Parliament.
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Under the new law, people charged with serious domestic violence offences will be required to show cause why they should not be detained until their case is determined - reversing the presumption of bail.
This will apply to those charged with offences, in the context of intimate partner relationships, that carry a maximum penalty of 14 or more years jail.
These offences include sexual assault, kidnapping, and choking to render someone unconscious with intent to commit another indictable offence.
If granted bail, these accused offenders will be subject to electronic monitoring, unless the bail authority is satisfied sufficient reasons exist - in the interests of justice - to justify not imposing the condition.
The show cause provision will apply to coercive control, which will be a criminal offence from 1 July 2024.
Premier Chris Minns acknowledged the reforms were "long overdue".
The cry for change rose from Forbes after the tragic death of Molly Ticehurst, allegedly at the hands of an ex-partner released on bail on alleged domestic violence offences.
Attorney General Michael Daley said they were a critical step in addressing domestic violence in NSW.
"People accused of serious domestic violence offences against intimate partners will now have to 'show cause' why their detention is not justified, and if they are granted bail, they will be subject to electronic monitoring," he said.
"In an important change, all bail matters will now be heard by magistrates and not registrars. This is not a criticism of registrars, who perform important work for their communities."
The amendments also strengthen the unacceptable risk test in the Bail Act. Under these changes, before granting bail, bail decision makers must consider:
- 'Red flag' behaviour that could constitute domestic abuse, such as physical abuse or violence; behaviour that is sexually abusive, coercive or violent; stalking; death or injury to an animal; verbal abuse or intimidation.
- The views of victims and their family members, where available, about safety concerns.
The new legislation will also:
- Expand the categories of offences for which bail decisions can be 'stayed', meaning the accused person remains in custody while prosecutors bring a detention application before the Supreme Court.
- Make it easier to prosecute perpetrators who use tracking devices in a domestic violence context.
- Ensure magistrates or judges, rather than registrars, make all bail decisions (not just bail decisions related to domestic violence).
Up to six additional magistrates will be employed and the Government will provide funding to ensure audio-visual link facilities are available to support remote bail hearings.
This reform comes after the NSW Government announced a $230 million package to improve the response to domestic and family violence through primary prevention, early intervention and crisis response measures.
The Bail and Other Legislation Amendment (Domestic Violence) Act 2024 amends both the Bail Act 2013 and the Surveillance Devices Act 2007.
Minister for Corrections Anoulack Chanthivong said electronic monitoring would form part of the government's coordinated approach to disrupt domestic violence.
"Corrections has specialists right now electronically monitoring offenders on parole or serving orders in the community," Minister Chanthivong said.
"We are ready to deploy our expertise and know-how to help expand electronic monitoring to the bail system."
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said the reform completed the government's $230 million package for domestic violence prevention and support.
"Domestic, family, and sexual violence is preventable, and we continue to look for ways to better support the safety of women and children," she said.
