Justice reforms to boost safety for victim-survivors of domestic violence

Saturday, 29 March 2025

The Minns Labor Government is building a safer New South Wales for victim-survivors of domestic and family violence.  

New rules require all bail decisions in NSW courts to be made by a magistrate or judge while tough new penalties will apply for breaches of Apprehended Domestic Violence Orders.  

 Magistrates and judges to make bail decisions 

Registrars will continue to play an important role in the administration of our courts but no longer have the legal power to make bail decisions. 

The laws, announced last year to reform how the justice system handles cases of domestic and family violence, came into effect this month.  

The NSW Government has invested $39 million to increase the capacity of the courts to support the reforms, with 35 audio-visual courtroom upgrades to improve remote hearing facilities across a range of matters including bail hearings.  

The funds were announced last year and formed part of a package of $245.6 million in the 2024-25 NSW Budget to address domestic and family violence through primary prevention, earlier intervention and crisis responses. 

All first appearance bail applications are now managed through a Centralised Bail Court at Parramatta Children’s Court, with the number of acting magistrates increased from three to six.   

Four additional magistrates have been recruited to manage Local Court bail applications and recruitment is underway for another three.  

It follows the introduction of tough bail laws to make it harder for those accused of serious domestic violence offences to get bail.  

Tougher penalties for ADVO breach 

People who breach an Apprehended Domestic Violence Order (ADVO) will face up to five years’ imprisonment under tough new penalties which apply from Monday. 

Two new offences target both serious and repeat breaches of ADVOs. Breaching an ADVO with the intention of causing harm or fear will carry a maximum penalty of three years’ jail.  

Those who breach an ADVO three times within a month face a maximum penalty of five years’ jail. 

Existing penalties for breaching an ADVO, up to two years’ jail, will continue to apply. 

Last year, the Minns Labor Government introduced tough new reforms making it harder for those accused of serious domestic violence offences to get bail.  

Serious alleged domestic violence offenders who are granted bail are now electronically monitored by Corrective Services. 

Serious Domestic Abuse Prevention Orders to monitor and supervise high-risk offenders, modelled on a scheme to combat organised crime, will also begin later this year.  

These reforms are part of the Minns Labor Government’s commitment to take action to reduce and ultimately eliminate domestic and family violence in our state.  

The new ADVO offences were legislated last year but commence on Monday following a period of training and education for justice agencies. 

 Attorney General, Michael Daley said: 

“The NSW Government is making important changes to the court system to ensure the safety of the community and improve protections for domestic and family violence victim-survivors. 

“This includes investing in court infrastructure and strengthening our laws to give the community greater certainty around bail decisions. 

“Registrars perform a valuable public service and will continue to play an important role in the administration of our courts. 

“Decisions about bail can be difficult and complex and the NSW Government believes they are most appropriately handled by a magistrate or judge. 

“New ADVO offences will help hold perpetrators to account and strengthen protections for victim-survivors. 

“They target serious, repeat behaviour indicating a high risk of harm to someone protected by an ADVO. 

“These laws are tough, and they need to be. Domestic and family violence offenders are among the state’s most serious criminals. 

“The NSW Government will continue to look at ways we can improve the law to protect women and children from domestic and family violence.” 

 Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said: 

“The NSW Government is working hard to build a safer New South Wales by reducing domestic and family violence in our communities. 

“We are committed to making sure victim-survivors of domestic and family violence are safe and supported when they escape violence, as well as holding perpetrators to account for their actions.  

“The new ADVO offences show that our justice system is enhancing the protections for victim-survivors of domestic violence and boosting their safety. 

“Everyone in New South Wales deserves to live safe in their homes, free from violence. That’s why a key priority for this government is to address the underlying attitudes that tolerate and condone gendered violence through our primary prevention strategy.” 

 Women’s Safety Commissioner, Dr Hannah Tonkin said: 

“The new ADVO offences prioritise the safety of women and children and send a clear message that domestic and family violence will not be tolerated. 

“This will make a practical difference to women and children who experience serious and repeated violence, while also strengthening accountability for offenders. 

“We need a multi-pronged approach to prevent domestic and family violence in our communities, and stronger penalties for ADVO breaches are an important piece of the puzzle.”