The NSW Government's extension of a strict bail test for young people accused of repeat car theft and break and enter offences will strengthen community safety.
The extension of the additional bail test under section 22C of the Bail Act 2013 is crucial to reduce youth crime and minimise young people's long-term contact with the justice system.
The law restricts bail for young people aged between 14 and 18 if they are charged with certain car theft or serious break and enter offences while already on bail for the same type of offence.
It requires a judicial officer to refuse bail unless they have a "high degree of confidence the young person will not commit a serious indictable offence while on bail".
Early data shows 22C is working. The bail refusal rate for young people dealt with under 22C is more than double the rate for youth offences generally.
22C was originally introduced in April 2024 and without this extension, would have sunset next month.
The NSW Government sought a three-year extension and opposed an amendment by the Coalition and supported by the Greens in the Legislative Council to shorten the sunset period to October 2026.
The Coalition admitted during debate they wanted a shorter sunset period, ending ahead of the next election, for political reasons.
The NSW Government will continue to closely monitor the effects of the law and last month announced more than $6 million to support community safety across Bourke, Moree and Kempsey.
This followed a $26.2 million community safety package announced last year. It included the expansion of NSW Police-run Youth Action Meetings, the Youth Justice NSW Safe Aboriginal Youth Patrol Program, and additional funding for a targeted response in Moree and surrounds.
NSW Police's Operation Regional Mongoose targeting property-related crime has so far charged 827 alleged offenders, more than half of them aged under 18.
Attorney General Michael Daley said:
"We can see this law is working and that's why we've extended it - to make sure we break the cycle of youth offending and strengthen community safety.
"The bail test requires judicial officers to refuse bail unless they have a high degree of confidence the young person will not commit further similar offences.
"The NSW Government remains laser focused on finding ways to reduce youth crime, unlike the Coalition and the Greens who teamed up to water down protections for the community.
"22C is a tough test and it needs to be because we cannot tolerate serious offending from young people while they're already on bail."
