Effects of this bill
If this bill passes, it means that:
The temporary limit on bail for young people accused of certain serious offences is extended from 1 October 2026 to 4 April 2028.
Bail authorities can now require a person on bail to live at and participate in a residential rehabilitation facility. This is only allowed if the facility is accredited or appropriate, has a policy to report absences to police, and provides written confirmation of these details to the bail authority.
The Bureau of Crime Statistics and Research (BOCSAR) is exempt from several privacy rules. This lets BOCSAR and other public sector agencies collect, use, and share personal and health information if it is reasonably necessary for BOCSAR to produce crime statistics, maintain databases, or research the criminal justice system.
Other entities subject to privacy laws can now use or disclose personal information for purposes other than why it was first collected, provided the circumstances are allowed by regulation.
In the Children's Court, specific procedures now apply to cases involving child sexual assault if there are multiple complainants or if a child sexual assault charge is paired with other non-serious offences against the same person. The definition of 'child sexual assault offence' is also updated to align with criminal procedure laws.
Evidence from a child's intervention program is generally banned in court. However, it can be admitted if the child asks the court for permission, or if the offence was committed against the person providing the program.
Statements or confessions given by a child to the NSW Police cannot be used in court if a support person was not present. A court can only allow this evidence if there was a proper reason for the support person's absence or if the law required the child to speak.
The Supreme Court, the Court of Criminal Appeal, and judicial officers are banned from handling applications or inquiries into 'non-release sentences' (life sentences with a recommendation that the person never be released).
The District Court can now change a verdict to a lesser offence and adjust the sentence during an appeal, provided the lesser offence was already part of the original proceedings. Parties to the case have the right to argue against this change.
People sentenced to life imprisonment for certain offences committed on or after 12 January 1990 must serve that sentence for their entire natural life.
The term 'self-manipulation' is replaced with 'self-penetration' in laws covering sexual assault, domestic violence, and other prohibited acts. This is defined as penetrating the genitalia or anus with a body part or object, but excludes medical or hygienic purposes.
The maximum remaining non-parole period for someone to be eligible for the Drug Court is reduced from 18 months to 12 months. An exception exists for people whose sentences are reduced to 12 months or less on appeal if they are already under a compulsory drug treatment order.
The Bar Council or Law Society Council can appoint a qualified person to investigate people suspected of practicing law without a qualification. These investigations must follow the same rules as trust records investigations.
The NSW Commissioner can remove a record of disciplinary action from the register if the lawyer has died and the Commissioner thinks it is appropriate.
The Children's Court can adjourn proceedings for up to 12 months to allow a person to complete a rehabilitation program, if it is in the interests of justice.
Sheriff's officers and the Sheriff can now use body-worn recording devices and other recording equipment in court premises. This is allowed if there is a written agreement with the head of the court, or if the officer is performing legal duties and believes there is a risk of harm.
The Commission can enter into industrial agreements with staff associations that bind all affected staff, even those who are not members of the association. For industrial proceedings, the Commission is treated as the employer.
People affected by industrial agreements made by the Commission can no longer appeal the terms of those agreements.
Preventative detention orders and prohibited contact orders under terrorism laws are extended until 16 December 2029.
Juvenile justice officers and correctional officers can treat 'transferee patients' (people moved between health and detention facilities) as detainees or inmates while transporting them.
The NSW Trustee and Guardian has expanded powers to make regulations about how the Mental Health Review Tribunal and health facilities notify them about the movement of managed persons.
The Victims Register will now include victims of forensic patients who were transferred to New South Wales from another state or territory.
Public notaries must now give the Admission Board annual updates about their details for the roll of public notaries.
Enduring powers of attorney signed between 13 September 2013 and 20 February 2014 remain valid even if the witness certificate is missing a specific required statement.
Many of these changes apply retroactively to offences that were committed or charged before the law started.