New South Wales has made changes to their bail laws in order to address severe cases of domestic violence.

Last month, the NSW Government made a major announcement regarding the state's bail laws. This decision was prompted by the tragic death of Molly Ticehurst, who was allegedly murdered by her ex-partner. The government has implemented significant changes, with a key focus on reversing the presumption of bail for individuals accused of serious domestic violence offenses.

Under the new reforms, these individuals will now have to pass a "show-cause" test, which requires them to prove that they can be safely released into the community. The safety of the victim will also be taken into account when determining bail, as well as any past dangerous behavior such as animal abuse or stalking.

Premier Chris Minns explained that the reform specifically targets those who pose the highest risk to the community. He stated, "These individuals are at the serious end of the spectrum and are the most likely to continue committing domestic violence assaults. We believe it is important to balance an individual's right to presumption of innocence with the right of a victim to be safe from harassment, intimidation, or further assault at the hands of a previous intimate partner."

The "show-cause" test now includes criminalized behaviors such as strangulation, sexual assault, stalking, and tracking. This means that more individuals are expected to be remanded in custody. To further ensure the safety of the community, the state government will also expand its ankle monitoring capabilities. All serious offenders released on bail will now be subject to electronic monitoring.

However, Premier Minns acknowledged that setting up this infrastructure will take time. He stated, "The infrastructure, capital, and practice do not currently exist in our state for bailees in the community to be monitored by the government. We will have to create and implement this regime, and that will take some time."

Another significant change is that registrars in regional and weekend courts will no longer have the authority to make bail decisions for serious alleged violent offenders. Instead, these individuals will need to video conference with a magistrate in Sydney. This change will also take time, as many regional and remote courtrooms lack the necessary video streaming capabilities.

Attorney General Michael Daley emphasized that these reforms were made after extensive consultation with domestic violence experts, the legal community, and the Ministers for Women and Prevention of Domestic Violence. He stated, "The bail act is all about balance, and we believe that these measures strike that balance. In addition to adding serious domestic violence offenses to the show-cause test, we are also introducing the new offense of coercive control. This was a request from the sector to not only focus on the most serious crimes, but also on behaviors that can be warning signs for domestic violence homicide."

Shadow Attorney General Alister Henskens expressed the opposition's support for the proposed reforms. He stated, "We welcome the government's decision to adopt our 3-point bail plan, with some additional measures. We will fully support the government in acting quickly to introduce this legislation, and we look forward to seeing it as soon as possible."

The NSW Government also launched a coercive control awareness campaign earlier this month. These reforms are particularly significant in light of Molly Ticehurst's tragic death, as her ex-partner was on bail at the time of the alleged murder. The government is committed to taking action to prevent similar tragedies from occurring in the future.

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