NSW Restrictions on Electronic Monitoring for People on Bail

Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025

Legislative Assembly

Legislative Council

Assent

Share this bill

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

Effects of this bill

If this bill passes, it means that:

Only the Commissioner of Corrective Services can conduct electronic monitoring for people on bail.
Accused people must stay in custody until they are fitted with a monitoring device.
Bail conditions cannot require electronic monitoring unless imposed under section 28B.
People using private monitoring services must apply to vary their bail during a three-month transition period.
The end of the transition period counts as a change in circumstances for bail variation applications.
People who still use private monitoring after the transition period are treated as having breached their bail.

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“I lead for the Opposition in debate on the Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025. The preamble of the Bail Act sets out the difficult job facing courts when considering the grant of bail. Every bail decision must ensure the safety of victims of crime, of individuals and of the community as a whole. That requirement for safety is paramount.”

Official source →

Sue Higginson GRN

“Tonight I indicate The Greens’ support for the Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025. The criminal justice system is a complex and delicate system. Neglect of the criminal justice system in New South Wales has seen unacceptable gifting of control and oversight of corrections systems to private providers.”

Official source →

Mark Banasiak SFFP

“I briefly associate myself with the Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025. I will not drone on as long as others. I am a bush lawyer, not a qualified one. I agree with the sentiments of the Hon. Susan Carter in raising concerns about the bill.”

Official source →

Wes Fang NAT

“I quote the Hon. Cameron Murphy when I say that I was not going to speak in debate on the Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025 until I heard some of the contributions. I was quietly sitting in the back of the Chamber, as I tend to do, listening to the contributions. The contribution of Ms Sue Higginson was particularly interesting to me.”

Official source →

John Ruddick LIBT

“The Libertarian Party opposes the Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025. I do not want those watching this debate at home to think that I always oppose Labor bills, because I am supporting the workers compensation bill. However, we definitely oppose this bill. Does it ever make sense to ban something that makes the public safer?”

Official source →

Rod Roberts IND

“I make a contribution to debate on the Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025. I, too, am perplexed as to what the Government is trying to achieve with this bill. It is a complete kneejerk reaction to one bad operator. This House has dealt with bad operators when it comes to building home units. I remind members of the Opal Tower collapse and the Mascot Towers collapse.”

Official source →

Stephen Lawrence ALP

“I support the Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025. It raises a lot of interesting questions, so I wanted to make a contribution to debate.”

Official source →

Mark Buttigieg ALP

“As the Attorney General said in the other place, our Government is taking decisive action to ban private electronic monitoring for bail. We are responding to concerns about the effectiveness of private electronic monitoring and concerns about the quality and reliability of services that some providers deliver when they monitor people who are charged with serious offences and released on bail.”

Official source →

News articles and press releases

Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025

Mr MICHAEL DALEY, Attorney General — 2025-05-07

Firstly, the Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025 will remove the option for bail authorities to impose a pre-release bail requirement that a person is subject to private electronic monitoring. Secondly, it will amend section 28B of the Bail Act 2013 and insert a new section 30A to make clear that electronic monitoring bail conditions may only be imposed for certain domestic violence show‑cause offences, as set out in that section, and otherwise may not be imposed. Electronic monitoring for certain serious domestic violence offences is managed by Corrective Services NSW. Thirdly, the bill will create transitional provisions that allow accused persons currently on bail under private electronic monitoring arrangements to have those conditions continue to apply for up to three months from commencement of the Act.