The NSW Government is set to ban private electronic monitoring for people on bail.
Currently, individuals can ask courts to order private electronic monitoring as part of their bail conditions if they nominate and offer to pay for a provider, which can cost these individuals thousands of dollars per year. Courts can order private electronic monitoring as a bail condition if a judicial officer is satisfied that the condition is reasonably necessary to address a bail concern, and the monitoring meets prescribed minimum standards.
Under 120 people on bail in NSW are currently being monitored by private companies and there are several businesses providing this service in NSW. The Government will work to put in place transitional arrangements to ensure people with private electronic monitoring arrangements are dealt with before the courts expeditiously.
Understandable concerns have been raised about the limitations on the justice system's ability to oversee private providers, including the risks posed by a provider suddenly ceasing to operate. Accordingly, the NSW Government has decided to ban private electronic monitoring for people on bail.
This change will require legislation, which the government will develop in close concert with stakeholders, including police and victims' advocates, with community safety front of mind.
A ban on private electronic monitoring for bail will not impact other types of electronic monitoring managed by Corrective Services NSW, such as mandatory electronic monitoring for serious domestic violence offenders introduced in 2024 or for offenders on parole.
Attorney General Michael Daley said:
"Community safety is this government's paramount concern. The regulation of private electronic monitoring is a complex issue that is not unique to NSW.
"Recently, we have seen the burden that can be placed on police and the justice system when questions are raised about a private provider and its monitoring of alleged offenders on bail.
"It is clear that the system needs to change - and that is what we intend to do.
"The Government will carefully work through the details of the proposed legislative change, conscious of those individuals currently subject to private electronic monitoring conditions.
"At the same time we will work to put in place transitional arrangements to ensure people with private electronic monitoring arrangements are dealt with before the courts expeditiously."
