NSW New Trigger Date for Bail Notices for Accused Persons in Custody

Justice Legislation Amendment (Miscellaneous) Bill (No 2) 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:

The trigger date for bail notices changes to the day bail is granted; it no longer depends on when the person is received into custody.
The law expands DMT authority to explicitly include cultivating substances; it already covered producing them.
The definition of misbehaviour changes for children in detention centres.
The complaints process for children in detention centres now explicitly states who can make a complaint.
The Council for children and young people must have at least 12 part-time members; it no longer requires exactly 12.
The law removes the ability to determine specific conditions for certain penalties under the Children (Criminal Proceedings) Act.

The Debate

What different members said when this bill was debated:

Adam Crouch LIB

“I contribute to debate on behalf of the Opposition on the Justice Legislation Amendment (Miscellaneous) Bill (No 2) 2025. I acknowledge my colleague the Hon. Susan Carter in the other place, who gave an incredibly detailed second reading debate contribution that outlined the Opposition’s concerns with various parts of the bill.”

Official source →

Anoulack Chanthivong ALP

“I contribute briefly to debate on the Justice Legislation Amendment (Miscellaneous) Bill (No 2) 2025, particularly where it concerns changes to the Corrections portfolio and the Crimes (Administration of Sentences) Act 1999—or CAS Act—which the Parliament passed this year and that came into effect on 12 May 2025.”

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News articles and press releases

Justice Legislation Amendment (Miscellaneous) Bill (No 2) 2025

The Hon. EMILY SUVAAL — 2025-09-16

The bill introduces several miscellaneous amendments to update and clarify laws relating to criminal justice processes with respect to children and young people; improve laws relating to arrest, bail and sentencing; [and] update and clarify law enforcement processes, criminal offences and penalties; [and] update and clarify the operation and powers of government agencies and other institutions to allow for their effective functioning; and clarify the regulation-making power of existing legislation.