New laws requiring those accused of serious domestic violence charges to wear electronic monitoring devices while on bail have been passed by the New South Wales parliament.
The new legislation is among a number of changes introduced as part of bail reforms inspired by the death of Molly Ticehurst in the NSW central west town of Forbes.
Those accused of serious domestic violence charges will have to demonstrate why they should be given bail before it is granted, while registrars will no longer be allowed to make bail decisions.
In April, childcare worker and mother Molly Ticehurst, 28, was found dead in her home.
In a speech to parliament last night, Labor MP Rose Jackson said the reforms would help save lives.
“At its core the bill is about protecting domestic violence victims and survivors,” she said.
“In that crucial period between when a person is charged with a serious domestic violence offence and when an outcome is reached in their criminal matter, in making it more difficult in that period for an accused to be released on bail and providing for electronic monitoring if they are, this bill offers additional safety for the community.”
Since the death of Ms Ticehurst, her friend Jacinda Acheson had been calling for the laws to be introduced.
She said the changes would protect survivors of domestic violence.
“It took something as tragic as what happened here in Forbes for them to listen,” Ms Acheson said.
“It is too late for so many past victims, but what it should do now is really instil the confidence into victims now and in the future to know that they will be safe if they go and ask for help.”
‘Molly’s law’ for all victims: Minns
Family and friends of Ms Ticehurst had called for the reforms to be named after Molly, however NSW Premier Chris Minns said the government wanted the legislation to reflect all victims of domestic violence.
Ms Jackson said the law would forever recognise Ms Ticehurst and the advocacy of her family and friends.
“It is their determination that we do change our laws so that her life is honoured and her death is not forgotten,” she said.
“[it is vital] that we do our best to limit the number of other women who will be harmed by offenders who should not have been released on bail, and in this way and in my heart this bill is Molly’s law and we honour her by passing it.”
Concerns raised
As part of the legislation, the onus will be placed on alleged perpetrators of domestic violence to prove why they should be granted bail.
The legislation was passed unanimously with the opposition supporting it throughout the process.
Sue Higginson from the New South Wales Greens told parliament the Greens would support the bill “in the absence of any other substantive vision”.
She said the bill would have unintended consequences and has not been properly thought out.
“The legislation before the house may hopefully save women’s lives, but it is reckless and it may affect a broader number of people than intended,” Ms Higginson said.
“It will be First Nations people, and increasingly and as the evidence suggests, young people and people who cannot afford a good lawyer who are thrown into prison because of those changes,” she said.
“Other reforms better considered, better consulted, thought about more seriously, would avoid the needless harm that are a risk with the reversal of the presumption of bail.”
The laws will now be assessed by the New South Wales Governor, before they are expected to come into force later this year.