Domestic Violence Lawyers

NSW GOVERNMENT PASSES TOUGHER DOMESTIC VIOLENCE BAIL LAWS

DOMESTIC VIOLENCE BAIL LAWS

The NSW Government on 6 June 2024 passed the Bail and Other Legislation Amendment (Domestic Violence) Bill 2024, which is an Act that amended the Bail Act 2013 and the Surveillance Devices Act 2007 as part of the NSW Government’s response to domestic violence. The legislation reverses the presumption of bail for people accused of serious domestic violence offences, requiring the accused to “show cause” as to why they should not be detained, as opposed to the prosecution being required to prove they should be detained.

Prior to this legislation, only people accused of committing the most serious offences such as murder, the sexual assault of a child and commercial-scale drug production were required to meet such a high threshold to obtain bail.

The NSW Government’s legislative changes provide that an authorised justice who is a registrar must not make a bail decision. This was prompted by the alleged murder of Molly Ticehurst in an act of domestic violence by her ex-boyfriend, who had been on bail at the time of the alleged offence, having been granted bail by a court registrar rather than a Magistrate or Judge.

The changes to the domestic violence bail laws now also require that the granting of bail be subject to a bail condition that the accused person be subject to electronic monitoring, unless the bail authority is satisfied sufficient reasons exist, in the interests of justice, to justify not imposing the condition.

PUBLIC PRESSURE FORCES THE NSW GOVERNMENT TO ACT AGAINST DOMESTIC VIOLENCE

On every occasion that the daily news segments are filled with another report of domestic violence, attention is turned to whether the NSW Government is doing enough, particularly when an alleged murder of a victim occurs in the context of or with a history of domestic violence. As a result, the NSW Government and their parliamentary colleagues are constantly looking at ways to reduce the prevalence of domestic violence.

NSW Attorney General The Hon. Michael Daley MP referred to the death of Molly Ticehurst in Forbes, when explaining the importance of the Bail and Other Legislation Amendment (Domestic Violence) Bill 2024. He stated Many of the representations I received from Forbes and from all over NSW requested that the Government change the law to provide better protections for people who have been subjected to serious domestic violence. Today, as we introduce this bill, we remember Molly Ticehurst.

NON-LEGISLATIVE RESPONSES TO DOMESTIC VIOLENCE

Whilst in this instance the NSW Government’s response to the scourge of domestic violence involved legislative changes to bail, other methods are non-legislative in nature and often involve increased funding and resources to domestic violence shelters, to enable women to remove themselves from potentially violent environments. Such measures include the NSW Government having signed up with the Australian Government in a share of $1 billion in federal funding for emergency accommodation for those fleeing domestic violence.

Further to this, the NSW Government announced a $230 million package to improve the response to domestic and family violence through primary prevention, early intervention and crisis response measures.

Measures to address domestic violence generally receive consensus support amongst the political spectrum, so we may expect further law reform if domestic violence continues to remain at the forefront of community and political discussion.

OPPOSITION TO THE DOMESTIC VIOLENCE BAIL CHANGES

The changes to the domestic violence bail laws were met with some vocal criticism. Our Principal and award-winning lawyer Mr Steven Mercael argues that the Bail and Other Legislation Amendment (Domestic Violence) Act 2024 (NSW) is an infringement on the rights of the accused and that it would result in more innocent people being detained.

It was suggested by civil rights advocates that since the accused murderer of Molly Ticehurst had previously been given bail by a court registrar, the legislative response to this did not need to extend beyond ensuring that a court registrar cannot provide bail. The extension of the legislative response to include requiring the alleged offender to show cause as to why they should not be detained was considered a knee-jerk reaction that would disproportionately affect vulnerable communities, including Indigenous Australians who suffer from systemic criminal justice prejudice. Advocates argued that focus should be directed towards investing in changing behaviours and attitudes.

CONTACT US NOW

If you or someone you know have been accused or charged with a domestic violence offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our specialised criminal lawyers have an extraordinary success rate in successfully fighting domestic violence charges.

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