Serious Domestic Violence Offenders Will Find It Harder to Get Bail Under NSW Reforms

‘These are long overdue, targeted and will help keep women and children safer.’

A woman holds a protest sign calling for action against domestic violence in Hyde Park during the Sydney International Women's Day march in Sydney, Australia, on March 7, 2020. Lisa Maree Williams/Getty Images

The New South Wales (NSW) government has announced a series of reforms to make it harder for alleged domestic violence perpetrators to get bail in the state.

The new law will reverse the presumption of bail for serious domestic violence offences, by expanding the category of “show cause” offences. This means the alleged offenders will need to demonstrate why they should be out in the community.

The reform will apply to serious domestic violence offences committed by intimate partners, including sexual assault, strangulation with intent to commit another offence, and kidnapping, with a “maximum penalty of 14 or more years” in jail.

It will also apply to coercive control, which will be a criminal offence from July 1.

High-risk offenders already out on bail will either be held in remand or be subject to electronic ankle monitor tracking.

In addition, expanding the categories of offences for which bail decisions can be “stayed,” that is the accused person remains in custody while prosecutors challenge their release in the Supreme Court.

Bail decision-makers will need to consider a range of domestic abuse risk factors and “red flags.” This includes behaviours that are physically, sexually, and verbally abusive; coercive or violent behaviours; as well as stalking, animal cruelty and intimidation.

They will also need to take the views of victims and their family members into consideration where possible, about safety concerns for all domestic violence offences.

The legal changes are set to be passed by NSW parliament this week after a cabinet meeting signed off on the proposal late on May 13.

It came after the NSW government unveiled a $230 million package to tackle domestic and family violence through primary prevention, early intervention, and crisis response measures.

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 in a media release on May 14.

Meanwhile, Attorney General Michael Daley said the move is sending a clear message that “the safety of victims is the paramount consideration of the justice system.”

“We will continue to consult legal and sector stakeholders to strengthen the law, to better support the safety of women and children.”

Inconsistent Statistics On Domestic Violence

While the Labor government has been describing domestic violence as a “crisis,” the statistics have been inconsistent due to the differences in the definition of sexual violence.

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

In March 2024, the number of those in custody for domestic violence offences, 3,008, was 63.8 percent higher than in March 2019.

Meanwhile, comparing figures from the 12 months to March 2024, domestic violence assault rose by 35.7 percent, sexual offences by 30.1 percent, and intimidation and stalking by 96.1 percent.

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

However, the Australian Bureau of Statistic’s (ABS) 2021-22 Personal Safety Survey, which uses a narrower definition of sexual violence, including only sexual assault and sexual threat, showed a different result.

It showed a decrease in the number of women experiencing physical and sexual partner violence between 2016 and 2021–22, as well as a decrease in women and men experiencing partner emotional abuse. The rate of sexual violence for women remained stable.

Meanwhile, the National Community Attitudes Towards Violence Against Women Survey (NCAS) showed that in 2021, Australians, on average, had improved attitudes towards sexual violence compared to 2017.

In addition, 34 percent agreed it was “common for sexual assault accusations to be used as a way of getting back at men,” while 41 percent agreed that “many women misinterpret innocent remarks as sexist.”

Similarly, the ABS crime victimisation survey revealed a notable reduction in reported rates of physical assault by an intimate partner in the 12 months prior to the 2022 survey.

Some have also warned against alienating men in campaign targeting domestic violence, with Independent MP for Fowler, Dai Le, cautioning the government to be “mindful of language ... because not all men are violent.”