New NSW Reforms to Make it Tougher for Serious Domestic Violence Offenders to Obtain Bail
These reforms are long overdue, targeted, and will help keep women and children safer.
The New South Wales (NSW) government has announced a series of reforms aimed at making it tougher for alleged perpetrators of domestic violence to secure bail in the state.
The new law will change the presumption of bail for serious domestic violence offenses by broadening the category of “show cause” offenses. This means that alleged offenders will have to prove why they should be allowed to be out in the community.
The reform will apply to serious domestic violence offenses committed by intimate partners, including sexual assault, strangulation with the intent to commit another offense, and kidnapping, with a “maximum penalty of 14 or more years” in prison.
It will also cover coercive control, which will become a criminal offense starting July 1.
High-risk offenders who are already out on bail will either be held in remand or subject to electronic ankle monitor tracking.
Additionally, the reforms will expand the range of offenses for which bail decisions can be “stayed,” meaning the accused individual remains in custody while prosecutors challenge their release in the Supreme Court.
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Decision-makers on bail will now need to take into account a variety of factors related to domestic abuse and “red flags.” This includes behaviors like physical, sexual, and verbal abuse, coercive or violent actions, as well as stalking, animal cruelty, and intimidation.
They will also have to consider the perspectives of victims and their family members whenever possible, especially concerning safety issues related to all domestic violence offenses.
The legal changes are expected to be approved by the NSW parliament this week following a cabinet meeting’s approval on May 13.
This decision came after the NSW government introduced a $230 million package to address domestic and family violence by focusing on primary prevention, early intervention, and crisis response measures.
Premier Chris Minns stated that these legal changes will make it more challenging for alleged domestic violence offenders to obtain bail.
Meanwhile, Attorney General Michael Daley highlighted that this move sends a clear message that “the safety of victims is the primary concern of the justice system.”
He added, “We will continue to engage with legal and sector stakeholders to enhance the law and better support the safety of women and children.”
Inconsistent Statistics On Domestic Violence
Although the Labor government has labeled domestic violence as a “crisis,” the statistics have been inconsistent due to variations in the definition of sexual violence.
In March 2024, the number of individuals in custody for domestic violence offenses, 3,008, was 63.8 percent higher than in March 2019.
Moreover, when comparing data from the 12 months up to March 2024, domestic violence assault increased by 35.7 percent, sexual offenses by 30.1 percent, and intimidation and stalking by 96.1 percent.
The Bureau Director, Jackie Fitzgerald, noted that the number of people on remand for these offenses has risen due to an increase in the number of individuals charged.
According to the survey, there was a decrease in the number of women experiencing physical and sexual partner violence between 2016 and 2021–22, as well as a decline in women and men facing partner emotional abuse. The rate of sexual violence against women remained steady.
Furthermore, the National Community Attitudes Towards Violence Against Women Survey (NCAS) indicated that in 2021, Australians, on average, demonstrated improved attitudes toward sexual violence compared to 2017.
Moreover, 34 percent agreed that “it was common for sexual assault accusations to be used as a way of getting back at men,” while 41 percent concurred that “many women misinterpret innocent remarks as sexist” – highlighting entrenched attitudes that contribute to domestic violence.
