NSW Prisons Can Monitor Calls and Mail, Drug Court Identities Stay Private, and Government Can Restrict Security Licences

Justice Legislation Amendment (Miscellaneous) Bill 2026

10 Nov 2026: This bill has passed its first house and is now before the second house for its own debate.

Legislative Assembly

Legislative Council

Assent

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Topics

coronial investigations court procedures criminal justice drug court drug offences drug use law enforcement parole prison monitoring prisoner rights pro bono legal services professional licensing public safety youth justice +9 more

Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

It is a criminal offence to publish material that identifies someone in a Drug Court supervision and control program.
Coroners can direct a person to produce a report; this power overrides certain child protection privacy rules, including those in the Children and Young Persons (Care and Protection) Act.
Prisoners cannot use the defence that they did not know or suspect a plant was a prohibited plant for cultivation or supply offences.
Regulations can set how prison telephone calls are monitored or recorded; they can also dictate when inmate mail is read, seized, copied, or shared with police.
Legal practitioners and pro bono referral bodies do not have to produce documents or information received during pro bono legal service applications to a court or tribunal.
Offenders must attend the Parole Authority when called on via an approved notice.
Courts are presumed to have dispensed with bail if a child's matter is referred to a Young Offenders Act conference.
The Commissioner can refuse or restrict a security industry licence if the applicant was found guilty of a serious assault or other specific crimes in the last 5 years.

The Debate

What different members said when this bill was debated:

Tim James LIB

“I do rise on behalf of the Opposition on the Justice Legislation Amendment (Miscellaneous) Bill 2026. The Justice Legislation Amendment (Miscellaneous) Bill 2026 would amend 26 separate Acts "relating to courts, crimes and other Communities and Justice portfolio matters".”

Official source →

Hugh McDermott ALP

“Law reform is vital to guarantee that legislation reflects the ongoing needs of our community. Language ages, technology moves on and the gaps in regulation in the law that have not been foreseen in the drafting stage appear in practice. Our courts find them in their daily work, and it falls to this Parliament to answer, to ensure that our laws keep pace with the community we serve.”

Official source →

Nathan Hagarty ALP

“I make a short contribution in support of the Justice Legislation Amendment (Miscellaneous) Bill 2026. The bill is part of the Government’s regular program of legislative reviews and improvements, which, as all members would be aware, are important mechanisms to ensure that the law is fit for purpose and keeps pace with developments in the community and in the legal system.”

Official source →

Michael Daley ALP

“The bill introduces important amendments that clarify and update existing laws across our statute book. Regularly reviewing and updating legislation is an important mechanism to ensure that laws remain fit for purpose and keep pace with developments in the community and the legal system.”

Official source →

News articles and press releases

Justice Legislation Amendment (Miscellaneous) Bill 2026

Mr MICHAEL DALEY, Attorney General — 2026-06-23

The bill will introduce miscellaneous amendments to update and clarify laws relating to criminal justice processes with respect to children and young people; improve laws relating to bail procedures; [and] update and clarify court powers, appeal processes and related procedural matters; [and] update and clarify law enforcement powers, evidentiary rules, criminal offences and associated penalties; improve access to information, privacy settings and other administrative arrangements; support the recent change of title of a judicial officer presiding in the Local Court of New South Wales from "magistrate" to "judge"; clarify regulation-making powers under existing legislation; and clarify the Attorney General’s power to take over the prosecution of certain matters in the Local Court.