NSW Requirements for the Use of Audio and Video Links in Bail Proceedings

Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025

Legislative Council

Legislative Assembly

Assent

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

Effects of this bill

If this bill passes, it means that:

People can satisfy their right to be present at a bail hearing via audio or video link.
Courts and providers must provide private communication facilities between an accused detainee on a link and their representative.
Accused detainees can only use audio-only links if video fails; all parties consent; and the court finds it is in the interests of justice.
Court heads can issue directions requiring certain detainees or locations to appear in person rather than via video link.
Witnesses and lawyers cannot give evidence or make submissions via link unless all parties can see and hear each other.
The court can adjourn a hearing or make alternative orders if a video or audio link fails.

The Debate

What different members said when this bill was debated:

Alister Henskens LIB

“I contribute to debate on the Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025. Two observations should be made from the outset. The first is that up until this bill, the law required that a person who was not granted police bail be physically brought before a court as soon as reasonably practicable to be given the opportunity to make a bail application.”

Official source →

Liesl Tesch ALP

“I speak in support of the Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025 on behalf of my friend and colleague the member for Mount Druitt, who has had to leave the Chamber for a personal matter. The bill reflects the ongoing evolution of our justice system and is a necessary response to the operational and technological realities of our courts in 2025.”

Official source →

David Saliba ALP

“I speak in support of the Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025. I also commend the Attorney General for his work on reform in this space, as well as for other reforms within the Attorney General portfolio.”

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Hugh McDermott ALP

“I support the Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025, which I will refer to as "the bill". Firstly, I acknowledge the collaboration between the Treasurer and the Attorney General, along with the Department of Communities and Justice, in the development of the bill.”

Official source →

Michael Daley ALP

“The Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025 supports the establishment of the Chief Magistrate’s new centralised Bail Division of the Local Court, and modernises the Evidence (Audio and Audio Visual Links) Act 1998—which I will refer to as the AVL Act—in relation to bail proceedings.”

Official source →

News articles and press releases

Second Reading Speech, Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025

The Hon. MARK BUTTIGIEG — 2025-05-27

The Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Bill 2025 introduces changes to the Evidence (Audio and Audio Visual Links) Act 1998, or the AVL Act. The AVL Act governs appearances before courts by audiovisual link [AVL] and audio link in New South Wales. Changes to that Act are needed to formalise the use of AVL in first appearance bail matters and to support the commencement of the Chief Magistrate's new centralised Bail Division of the Local Court. Currently, section 5BB of the AVL Act allows for accused detainees to appear by AVL by default in all criminal proceedings except for "physical appearance proceedings", which include trials, hearings, fitness hearings and first appearance bail matters.