Cabinet agrees to tougher domestic violence bail laws in NSW as Minns delivers decision makers more power to act on ‘red flags’

NSW’s most serious domestic violence offenders will find it harder to get released on bail in ‘long overdue’ plans to keep women and children safe.

High-risk offenders already out on bail will also be subject to electronic ankle monitor tracking.

The legal changes are set to be passed by NSW parliament this week after a cabinet meeting signed off on the proposal late on Monday.

Reforms will target the most serious offenders facing a maximum penalty of 14 or more years in jail and defined as those accused of sexual assault, strangulation with intent to commit another offence and kidnapping as well as coercive control.

The presumption high-risk offenders can be released on bail will also be reversed with the onus of proof on the alleged offender to demonstrate why they should be out in the community.

Offence categories for which bail decisions can be “stayed” while the accused remains in custody will also be expanded.

Bail decision-makers will need to consider a range of risk factors and red flags.

These include physically abusive, sexually abusive and coercive behaviour, stalking, animal cruelty and intimidation.

The views of victims and their family members will be considered where possible.

Registrars will also lose the capacity to sign off on bail in serious domestic violence cases.

Premier Chris Minns said the legal changes will make it more difficult for alleged domestic violence offenders to get bail.

“These are long overdue, targeted and will help keep women and children safer,” he said.

The judicial overhaul is part of a $230 million four-year government package unveiled a week earlier aimed at curbing domestic and family violence amid public outcry over several serious and fatal attacks on women.

A woman has been killed every four days across Australia this year, sparking mass rallies and calls for political action at all levels of government.

Meanwhile, the number of adults in custody for domestic violence offences in NSW has reached its highest on record, according to the latest NSW Bureau of Crime Statistics and Research report.

In March 2024, the number of those in custody for domestic violence offences - 3008 - was 63.8 per cent higher than in March 2019.

The proportion of remandees in the prison population also increased from 35.5 per cent to 43.8 per cent over the same period.

Bureau director Jackie Fitzgerald said offences such as domestic violence assault, sexual offences and intimidation and stalking were driving an increase in the remand population.

Domestic violence assault rose by 35.7 per cent, sexual offences by 30.1 per cent and intimidation and stalking by 96.1 per cent.

The number of people on remand for these offences has increased because the number of people charged has increased, Ms Fitzgerald said.