Bail (Domestic Violence) and Another Act Amendment Bill 2017

Overview

This bill strengthens protections for domestic violence victims by making it harder for accused offenders to get bail and giving victims more information about what happens next. It reverses the presumption in favour of bail for domestic violence offences, allows GPS tracking as a bail condition, and requires victims to be notified when a defendant applies for or is granted bail.

Who it affects

Domestic violence victims gain new notification rights and protections, while people accused of relevant domestic violence offences face tougher bail conditions and possible electronic monitoring. Police, courts and Corrective Services staff must administer the new notification and review processes.

Key changes

• Defendants charged with a relevant domestic violence offence must now show cause why they should get bail, reversing the usual presumption
• Courts and authorised police can require an accused person to wear a GPS tracking device as a condition of bail
• Complainants must be notified within 24 hours of any bail application or variation, and can be told by SMS or email
• Prosecutors can apply to a higher court for an urgent review of a bail decision, automatically staying the release for up to three business days
• Domestic violence victims can register to receive prisoner release and parole information even if the prisoner is jailed for an unrelated offence
• A mandatory two-year review of the new domestic violence provisions must be tabled in Parliament