Tougher Bail Tests for Young People Accused of Serious Theft or Breaking and Entering
Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025
Legislative Assembly
Legislative Council
Assent
Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The Debate
What different members said when this bill was debated:
Susan Carter LIB
“I speak on behalf of the Coalition in debate on the Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025. This bill seeks to extend the operation of section 22C of the Bail Act for a further three years, until 4 April 2028. When section 22C was originally inserted into the Bail Act, it was to have a 12-month sunset clause. This was by design.”
Sue Higginson GRN
“Here we are, another proud Minns Labor Government moment, extending bail laws—appalling laws—on the basis that we have locked more kids up in prison, so they must be working. I start with the utmost, radical and frank honesty that that is what we are doing. This is what we call another fundamental "Minns mess", and it is a gravely tragic one.”
Stephen Lawrence ALP
“I contribute to debate in support of the Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025. The bill will extend a most unusual piece of legislation for a further three years. It represents a political choice made by the Labor caucus and Cabinet, and I support it.”
Aileen MacDonald LIB
“There is a saying that if you do what you have always done, you will get what you have always got. The Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025 extends the tougher bail laws introduced last year, but let us be honest: If those laws were working, we would not be here debating their extension.”
Robert Borsak SFFP
“I welcome them all. I speak on behalf of the Shooters, Fishers and Farmers Party in especially strong support for the Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025. We acknowledge the complexities of youth justice. We know that many young offenders, particularly those aged between 10 and 13, come from traumatic and disadvantaged backgrounds.”
Rod Roberts IND
“I make a contribution to debate on the Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025. Community safety should be a key priority for all governments. At the moment we are experiencing a juvenile crime wave. It is happening all over the State, including in metropolitan Sydney, but it is more pronounced and acute in regional New South Wales.”
Tara Moriarty ALP
“I thank all members for their contributions to this debate today: the Hon. Susan Carter, Ms Sue Higginson, the Hon. Stephen Lawrence, the Hon. Aileen MacDonald, the Hon. Robert Borsak and the Hon. Rod Roberts. In the Attorney General’s second reading speech in the other place, he ran through numerous measures that our Government is progressing to tackle youth crime.”
News articles and press releases
Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Bill 2025
Mr MICHAEL DALEY, Attorney General — 2025-02-19
In April 2024 we introduced section 22C of the Bail Act. This legislative reform introduced a temporary additional bail test for young people aged between 14 and 18—that is aged 14 to 17 really because 18-year-olds, for the avoidance of doubt, are adults—charged with committing a serious break and enter or motor theft offence while on bail for another offence of that type. Under this test, unless the bail authority has a "high degree of confidence" that the young person will not commit a serious indictable offence while on bail, bail is to be refused. The additional bail test was intended as a circuit breaker. It offered an immediate response while the broader community-based programs were implemented. Section 22C was initially intended to sunset on 4 April 2025, 12 months after it commenced.