Luke Williams
20 June 2024, 3:40 AM
CatholicCare Wilcannia-Forbes had told the Western Plains App it welcomes new laws making it harder for alleged domestic violence offenders to get bail in NSW.
The NSW Government has just passed new laws making it harder for alleged domestic violence offenders to get bail, and ensuring all bail decisions are made by magistrates.
Under the new law, people charged with serious domestic violence offences will be required to show cause why they should not be detained until their case is determined – reversing the presumption of bail.
This will apply to those charged with offences, in the context of intimate partner relationships, that carry a maximum penalty of 14 or more years jail.
These offences include sexual assault, kidnapping, and choking to render someone unconscious with intent to commit another indictable offence.
Image: Australian Lawyers for Human Rights.
In the Far West and Orana, domestic assault reports increased 16.5 per cent during the five years to March 2024, new data released on Thursday by the NSW Bureau of Crime Statistics and Research shows.
"These latest statistics underline what we know from our work in the field: that domestic violence rates are unacceptable in western NSW, and measures to keep women and children safer are long overdue," a CatholicCare Wilcannia-Forbes spokeswoman told the Western Plains App.
"The new laws that will ensure all bail decisions are made by magistrates and judges, rather than registrars, are also an important step" she said.
Under the laws if someone is granted bail, these accused offenders will 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.
Image: Sydney Criminal Lawyers.
The show cause provision will apply to coercive control, which will be a criminal offence from 1 July 2024.
The amendments also strengthen the unacceptable risk test in the Bail Act. Under these changes, before granting bail, decision makers must consider ‘red flag’ behaviour as well as the views of victims and their family members.
"Domestic and family violence is preventable, and we urge the NSW government to continue investing in measures to better support the safety of women and children" the CatholicCare Wilcannia-Forbes spokeswoman said.
"This includes the Men’s Behaviour Change Program, which works with men who cause harm to change, as well as supporting victim-survivors – a program CatholicCare Wilcannia-Forbes delivers".