Bail reforms are on the way

The NSW Government is set to introduce significant legal reforms that will make it more difficult for those accused of serious domestic violence offences to get bail.

Member for Terrigal Adam Crouch said the reforms followed “commonsense proposals” from the Opposition introduced in Parliament the previous week and was pushing for early consideration of the moves.

“The NSW Opposition strongly supports this matter of bail reform and I call on the Labor Government to expedite and give priority to this important legislation – the time to act is now,” he said.

“We are prepared to work with the Government to ensure legislation is considered by the Parliament prior to the June sittings so we can get this done now.

“It is clear that we all need to do more in addressing domestic violence and violence against women, and bail reform is an important component in addressing this.”

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 and 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 July 1.

They will also require electronic monitoring of people charged with serious domestic violence who are on bail and expand the categories of offences for which bail decisions can be ‘stayed’, with the accused person remaining in custody while prosecutors challenge their release in the Supreme Court.

This move will act as an additional safeguard to prevent the release of dangerous domestic violence offenders.

For all other domestic violence related offences, bail decision-makers will be expected to consider, where relevant domestic abuse risk factors, and the views of victims and their family members.

It will also be made easier to prosecute perpetrators who use tracking and surveillance devices as a tactic to maintain control over their victim and changes to weekend bail courts across NSW, to ensure bail decisions are made by magistrates.

The reforms follow the Government’s announcement of a $230M package to improve the response to domestic and family violence through primary prevention, early intervention and crisis response measures.

Premier Chris Minns said the reforms would make it more difficult for alleged domestic violence offenders to get bail.

“These are long overdue, targeted and will help keep women and children safer,” he said.

Full Stop Australia, which offers trauma-specialist services for people of all genders who have experienced sexual, domestic and family violence, supports the reforms.

“As the government has recognised, reforming bail laws won’t end the sexual, domestic and family violence crisis,” CEO Karen Bevan said.

“But ensuring that bail decisions appropriately prioritise victim survivor safety, and considers well-established risk factors, is one of many important steps.

“We commit to continuing to work alongside the government to increase safety and support to victim-survivors of these most heinous crimes.”

She said the reforms must be backed by increased resourcing of the sexual, domestic and family violence frontline services sector, rapid deployment of housing options and increases to income and employment supports for people seeking safety.