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New bail rules for alleged DV offenders in NSW

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It follows Government’s commitment to support victim-survivors of domestic, family, and sexual violence.
new bail rules in new south wales

NSW Parliament has passed legislation creating new bail rules for people accused of domestic violence.

Alleged offenders on bail for serious domestic violence offences in NSW will be made to wear electronic monitoring devices.

It follows the State Government’s recent announcement of a $230 million emergency package to support victim-survivors of domestic, family, and sexual violence.

Here’s what you need to know.

NSW’s new bail rules

NSW has passed new bail reforms aimed at addressing a recent spike in domestic violence incidents.

The legislation will make it harder for people accused of serious domestic violence offences – including sexual assault, kidnapping and strangulation – to get bail.

Those who are granted bail will be electronically monitored.

All bail decisions will be made by magistrates or judges, rather than administrative officials.

The reforms will also require people charged with serious domestic violence offences in NSW to “show cause why” they should be released on bail.

This will apply to those charged with offences in the context of intimate partner relationships.

NSW Attorney General Michael Daley said this means alleged offenders will need to justify why they shouldn’t be held in detention.

“These changes to the bail framework are a critical step in addressing domestic violence in NSW,” Daley said.

Parliament

The legislation passed Parliament with Opposition support.

The NSW Government says it builds on efforts to address domestic violence in the state.

“These laws are long overdue and make it harder for alleged domestic violence offenders to get bail. They will help keep women and children safer,” Premier Chris Minns said.

NSW Greens MP Sue Higginson said she supported the bill with “serious reservations.”

“I must ask if this is really the best the Government can do,” Higginson said.

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