Communities and Justice

Bail reforms pass NSW Parliament

23 June 2022

The NSW Government’s tough new bail reforms have passed NSW Parliament today. The Bail Amendment Act 2022 strengthens the Bail Act 2013 by:

a.  in a national first, requiring that any electronic monitoring imposed as a bail condition must meet any minimum standard prescribed in the regulations; and

b.  requiring that bail must be refused following conviction and prior to sentencing where the offender will be sentenced to full-time detention, unless special or exceptional circumstances can be established.

Attorney General Mark Speakman said the NSW Government acted swiftly and decisively, as announced last week, to introduce and pass through Parliament this week amendments to strengthen the state’s bail laws in line with community expectations

“The NSW Government is committed to keeping our community safe, and to ensuring that our bail laws remain amongst the toughest in the country,” Mr Speakman said.

“This is about ensuring that offenders who have already been found guilty beyond a reasonable doubt, or pled guilty, and are already heading to prison, get there quicker, and are not out in the community while awaiting sentence.”

In a national first, there will also be a requirement in NSW, that any electronic monitoring imposed as a bail condition must meet any minimum standard prescribed in the regulations.

The NSW Government consulted with and thanks stakeholders who lent their urgent advice and expertise to the draft bill, including legal stakeholders and the Courts.

“Getting our bail laws right is a delicate balancing exercise. The NSW Government is committed to carefully considering appropriate reforms and then acting swiftly and decisively to protect our community and support our frontline services in keeping our community safe, as we have done this week.”

The Bail Amendment Act 2022 commences on assent.

Download media release: Bail reforms pass NSW Parliament (PDF , 152.1 KB)

Last updated:

13 Apr 2023