NSW Government passes bill banning private electronic monitoring for bail

Friday, 30 May 2025

The Minns Labor Government has passed legislation banning the use of privately arranged and funded electronic monitoring for people on bail. 

The Bail Amendment (Ban on Private Electronic Monitoring) Bill 2025 passed the Legislative Council on Thursday night ensuring private electronic monitoring bail conditions can no longer be imposed.

The legislation allows for 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 banned private electronic monitoring over concerns about the ability of the justice system to oversee private providers after BailSafe collapsed without notifying the government.

The Government determined privately funded monitoring of serious offenders on bail was a risk to the public and that it would not continue. 

The ban does not affect electronic monitoring 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:

"The Minns Labor Government is focused on ensuring community safety which is why we have banned privately funded electronic monitoring.

"Electronic monitoring standards set under the former government left us without any oversight of the quality of private providers and limited options when they failed to comply with minimum standards.

"These arrangements were not working to keep the community safe and we recognised they needed to change."