NSW Government introduces bill to ban private electronic monitoring

Wednesday 7 May 2025

The Minns Labor Government will today introduce a bill to ban the use of privately arranged and funded electronic monitoring for people on bail. 

Currently, people can be subject to bail conditions that they pay for electronic monitoring through a private provider. 

The Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025 to be introduced on Wednesday will ensure private electronic monitoring bail conditions can no longer be imposed. 

It includes a three-month transition period where existing private electronic monitoring conditions will continue to apply. 

During this period, a magistrate or judge will be required to decide whether bail concerns can be addressed through other conditions.  

People will be remanded in custody if they pose an unacceptable risk.  

The Minns Labor Government is taking action after concerns were raised about the justice system’s ability to oversee private providers, including the risks posed by a provider suddenly ceasing to operate. 

Following the collapse of private monitoring company BailSafe, the Government asked the Department of Communities and Justice to provide advice about whether changes were required in the regulation of these arrangements.  

The NSW Government has resolved that privately funded monitoring of serious offenders on bail is a risk to the public and that it will not continue.  

The ban will not affect electronic monitoring that is overseen by Corrective Services NSW, including accused serious domestic violence offenders captured by the Government’s bail reforms introduced last year. 

Corrective Services NSW will continue to manage mandatory electronic monitoring for people accused of serious domestic violence offences and offenders on parole. 

Attorney General Michael Daley said:

“Community safety is this Government’s top concern which is why we are banning privately funded electronic monitoring. 

“We are not satisfied with the regulation of privately funded electronic monitoring arrangements and recognise the system needs to change.  

“This ban includes transitional arrangements to enable those currently subject to private electronic monitoring to be brought quickly back before the courts.”