Strengthening the justice system to better protect domestic and family violence victim survivors

The NSW Government is implementing significant legal reforms aimed at bolstering the protection of domestic and family violence victim survivors. These reforms, spearheaded by Premier Chris Minns and Attorney General Michael Daley, reflect a commitment to prioritising the safety of individuals impacted by domestic violence.

Key reforms include:

1. Reversing the presumption of bail: For serious domestic violence offences, such as sexual assault, strangulation, and kidnapping, alleged offenders will now be required to demonstrate why they should be granted bail. This shift places the burden on the accused to justify their release, enhancing the scrutiny applied to bail decisions.
2. Electronic monitoring: Individuals charged with serious domestic violence offences and granted bail will be subject to electronic monitoring, ensuring closer supervision and accountability while awaiting trial.
3. Expanded grounds for bail decisions to be ‘stayed’: Prosecutors will have the ability to challenge bail decisions in the Supreme Court, thereby preventing the release of potentially dangerous domestic violence offenders.
4. Consideration of domestic abuse risk factors: Bail decision-makers will be required to take into account various indicators of domestic abuse, including physical violence, stalking, and intimidation, when assessing bail applications for domestic violence-related offences.
5. Victim perspectives: The views of victims and their families will be considered in bail decisions, providing an additional layer of protection and acknowledging the importance of victim input in ensuring safety.
6. Prosecution of perpetrators using tracking devices: Measures will be introduced to facilitate the prosecution of perpetrators who employ tracking and surveillance devices to exert control over their victims.

Furthermore, the NSW Government has allocated $230 million to enhance the response to domestic and family violence, encompassing primary prevention, early intervention, and crisis response initiatives. Additionally, NSW has secured a share of $1 billion in federal funding for emergency accommodation for domestic violence survivors.

Minister for the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison, underscores the collaborative approach taken in developing these reforms, which involved extensive consultation with legal experts and stakeholders. Together, these measures represent a concerted effort to strengthen the justice system’s response to domestic and family violence, safeguarding the well-being of women and children across NSW.

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