Image: Image: NCA NewsWire/Morgan Sette
From today, the Minns Labor Government has implemented stricter bail laws, where domestic violence offenders who are granted bail will be electronically monitored around the clock.
The Bail and Other Legislation Amendment (Domestic Violence) Bill 2024, outlines the re-amendment of the Bail Act 2013 and the Surveillance Devices Act 2007 – so enforcing electronic ankle monitors for certain offenders, including domestic violence offenders, when they’re granted bail.
Call to action on bail reform for domestic violence offenders
Earlier this year, the Government made a decision to tighten bail laws for offenders charged with serious domestic violence offences, forcing them to ‘show cause’ as to why they should not be detained.
Deputy Premier Prue Car told the media this morning, “It’s harder now for alleged domestic violence offenders to get bail, but if they do, these new monitoring devices ensure Corrective Services will be able to keep an eye on their movements.”
The new program enables Corrective Services NSW (CSNSW) to monitor alleged offenders against geographic bail conditions. Exclusion zones include residential addresses, school, workplaces, or specific areas for those who need protection.
If this condition is broken by the offender, CSNSW’s electronic monitoring officers will be alerted immediately, and correction officers notify NSW Police to take action. This builds on Corrective Services NSW’s monitoring of high-risk domestic violence offenders on parole or Intensive Correction Orders.
Attorney General Michael Daley told media, “We’ve seen an increasing number of alleged serious domestic violence offenders on remand, signaling these bail reforms are indeed working”.
Study shows electronic ankle monitors lower likelihood of reoffending
NSW Bureau of Crime Statistics and Research conducted a study in 2023 to assess the effectiveness of electronic ankle monitoring on domestic violence offenders, which found that DVEM participants’ likelihood of any reoffending decreased by 9.6% with a 34.9% decrease in specifically DV offending.
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison states her trust in improved bail laws.
“Electronic monitoring of people accused of serious domestic violence while they are out on bail prioritises victim-survivors’ safety and ensures alleged perpetrators abide by their bail conditions, ” she told the media.
Molly’s Law: Tragic death of Molly Ticehurst catalyst for reform
The push for an increase in protective measures by the NSW Government came after the devastating murder of Molly Ticehurst. The 28-year-old was killed by her former partner Daniel Billings, who allegedly breached an apprehended violence order and broke his bail conditions. Billings had been granted bail two weeks prior to the murder on charges of intimidation and stalking Ticehurst.
As a result of a failing protection system, Molly’s life was wrongfully taken, leaving her son behind and an entire future ahead of her.
Even with Molly’s bravery to ask for help by getting an interim apprehended domestic violence order against her ex-partner, the legal system’s protective measures failed her.
“There has to be something put in place that says if you receive bail today, we will know where you are the minute you walk out of there” a spokesperson for the family, Jacinda Acheson revealed to the ABC in May.
NSW Premier Chris Minns told reporters in May, “The system obviously failed Molly and the status quo is not going to work”.
Further legislation for domestic violence offenders implemented
As of October 8, 54 women have been killed by violence since the beginning of the year, according to Destroy The Joint.
But the NSW government says they are working to make change to protect victim-survivors of domestic and family violence.
This includes introducing legislation to create Serious Domestic Abuse Prevention Orders. These orders allow the court to impose any conditions within reason to prevent domestic and family violence, and create new offences for repeated and intentional breaches of Apprehended Domestic Violence Orders.
Key Reforms from the Minns’ Labor Governments include:
- Expanded categories for ‘stayed’ bail decisions, keeping the accused in custody during challenges.
- Mandatory consideration of domestic abuse risk factors and victim input in domestic violence bail decisions.
- All bail decisions made by judges and magistrates.
Additionally, the NSW Government allocated $246 million to address domestic, family, and sexual violence through crisis response, early intervention, prevention, and justice enhancements.
Women’s Safety Commissioner Dr Hannah Tonkin said: “Domestic and family violence disproportionately affects women, so it’s vital for the NSW Government to continue implementing reforms like this to better protect at-risk women across the community.
If you or someone you know is affected by domestic, family or sexual violence, please call the toll-free number 24 hours a day, 7 days a week for support on 1800RESPECT (1800 737 732) or visit 1800respect.org.au
Additional Resources:
- National Sexual Assault, Domestic Violence Counselling Service 24-hour helpline 1800 RESPECT on 1800 737 732
- 24-hour Emergency Accommodation helpline on 1800 800 588
- Safe At Home helpline on 1800 633 937
- National Violence and Abuse Trauma Counselling and Recovery Service on 1800 FULLSTOP (1800 385 578). They also have a specific line for the LGBTIQA+ community called the Rainbow Sexual, Domestic and Family Violence Helpline on 1800 497 212
- SHE (free and confidential counselling and support) on 6278 9090
- Sexual Assault Support Services on 6231 1811, or after hours 6231 1817
- Family Violence Crisis and Support Service on 1800 608 122
