Second state moves to outlaw private bail monitoring
Victoria has followed NSW with legislation to outlaw decision-makers from setting private electronic monitoring as a condition of bail.
Magistrates and judges can currently require offenders wear GPS trackers and pay providers for the service.
It led to a crisis when BailSafe Australia shut down in January without telling police and justice authorities in both states, leaving dozens of offenders in Victoria and NSW unmonitored.
"They didn't tell anyone across the justice system, the courts or Victoria Police - and that's just absolutely unacceptable," Victorian Premier Jacinta Allan told reporters on Wednesday.
"When that happened I was determined that we would ... stamp the use of private companies."
Ankle monitoring is typically reserved for offenders accused of serious crimes, with more cashed-up individuals offering to hire private firms to increase their prospects of being granted bail.
Some Supreme Court judges have criticised the practice for indirectly discriminating against poorer accused offenders.
The legislation brings Victoria into line with NSW after its parliament passed a ban in May that included a three-month transition period.
Several different private firms were involved in the monitoring of under 120 people on bail in NSW before its ban came into effect.
A Victorian review after the BailSafe debacle found private services were monitoring 14 offenders in the southern state.
Victorian Attorney-General Sonya Kilkenny said only one private bail monitoring company continued operating in the state.
The ban is part of the state government's second package of bail reforms and won't impact a state trial of electronic monitoring for repeat alleged youth offenders.
It will take effect once the legislation passes parliament and receives royal assent.
The latest round of bail reforms feature a new test for people accused of repeat, serious offending and a "second strike" rule for those charged with further offending.
Mr Battin said Victoria's bail system was broken and scoffed at the government's claim the changes would make Victoria's bail laws the "toughest" in the nation.
"Crime in Victoria is out of control," he said.
Victoria tightened bail laws in 2018 after James Gargasoulas drove into Melbourne's busy Bourke Street Mall in 2017 while on bail, killing six people and injuring dozens more.
An inquest into the death of Indigenous woman Veronica Nelson in 2020 found the changes were a "complete and unmitigated disaster", sparking a relaxation of laws in 2024.
Statistics from the year to the end of March showed offences jumped by more than 15 per cent when adjusted for population, with youth crime hitting its highest point on record.
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Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. 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He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023. Lawyers for convicted rapist Gareth Ward have filed an injunction to stop his expulsion from parliament, which means he will remain MP for Kiama in the NSW Illawarra region while he awaits his sentencing behind bars. But Local Government Minister Ron Hoenig said the Supreme Court orders issued by Justice Sweeney were "non-binding upon the House" and the government would give the court the opportunity to rectify what he called "a significant constitutional error". Parliament returned on Tuesday and it was expected a notice of motion to expel the disgraced politician would be put forward. However, NSW Premier Chris Minns confirmed Ward's lawyers sought the injunction against Leader of the Lower House Ron Hoenig, with an urgent hearing to occur in the Supreme Court later this week. He warned there was a critical time factor at play, with parliament sitting from Tuesday for just one week before breaking again for five weeks. Mr Minns told 2GB radio on Tuesday morning that "most people would appreciate, it's an unconscionable situation to have someone who's currently sitting in Silverwater ... who is demanding to remain a member of parliament and continue to be paid". "Clearly he's got no shame," Mr Minns said. Mr Hoenig said he had received the orders from the Supreme Court but believed they did not stop the House from moving forward with the expulsion motion. "The orders made by the court yesterday afternoon, we say, have no effect and are not binding upon the House," Mr Hoenig said. "The House has an inherent power to conduct its own business, in accordance with the Constitution, unconstrained by any interference." He said the Crown Solicitors had been instructed to approach Justice Sweeney to "reconsider the orders that she had made to enable the House to conduct its affairs on behalf of the people unconstrained". He noted the case was listed for hearing on Friday, which is the last sitting day of the parliament until September 9. The Crown Solicitors had been instructed to try and get the case heard today rather than waiting until Friday, which may result in the parliament having to be recalled to deal with the expulsion motion. In a press conference, Mr Hoenig was asked whether the government planned to go ahead with the expulsion motion regardless of the court orders. "It is open to the House to conduct its affairs," he said. "We say that the court has no jurisdiction to prevent any member of parliament from moving a motion or any power to have the House conduct its affairs as it is entitled to under the Constitution. "However, we are talking about a separation of powers, we are talking about the Supreme Court of NSW, also a constitutional court, so we will give the court the opportunity to correct what we say is a significant constitutional error." The Minister said the affidavit from Ward's lawyers "asserted that the parliament had no jurisdiction to expel him", which Mr Hoenig said was constitutionally incorrect. Mr Hoenig said, in any debate on the expulsion motion, the parliament was free to consider waiting until Ward had exhausted the appeals process. "It's a matter for Parliament to consider, so it's my role to place the matter before the House for its consideration and for the House to consider it," Mr Hoenig said. "But as you would appreciate, the appeals process will take quite some time. "So if you run the appeals process through the Court of Criminal Appeal and then reserves its judgment, and then there's a special leave for the high court, the people of Kiama, for example, could be represented by somebody in custody right up until the next election." Ward, 44, has been in jail since last week after Judge Kara Shead SC granted a detention application to revoke his bail, after a jury found him guilty of sexual intercourse without consent and three counts of indecent assault. The Kiama MP since 2011 had faced a nine-week trial, which heard he sexually assaulted a 24-year-old man in Potts Point in 2015, and touched and massaged an 18-year-old man in Meroo Meadow in 2013. He met both men through political circles. On the morning parliament returned NSW Opposition Leader Mark Speakman recommitted to supporting Ward's expulsion and working with the government "to get this done as quickly as possible" "However, Mr Ward's legal team should do whatever it takes to get a clear message to him - immediately resign," Mr Speakman said. "Every day he clings to his seat from a jail cell, taxpayers are footing the bill and the people of Kiama are left voiceless. It's not just wrong, it's offensive. "This is about decency, accountability, and basic respect for the community. Mr Ward should spare the Parliament, spare the courts, and above all, spare the people of NSW any further disgrace. "Step aside." Last week, Local Government Minister Ron Hoenig sent a letter to Ward via his legal team notifying him of the parliament's plans to consider his expulsion. "I am sure you would appreciate that in view of the verdict of the jury convicting you of serious criminal offences that the House needs to consider whether your continued membership of the House requires it to act to protect the high standing of the Parliament so that it may discharge with the confidence of the community the great responsibility that it bears," the letter stated. The letter, seen by the Mercury, noted that Ward was in custody and would be unable to attend parliament when the expulsion motion is being debated. "Accordingly, I invite you to submit to me yourself or anyone on your behalf any statement or material you would want the House to consider prior to making any determination," the letter stated. It gave a deadline for submissions of 9am on August 5. Under the NSW Constitution Act, an MPs seat is declared vacant if they are convicted of a crime punishable by five years or more imprisonment. Ward is facing a maximum penalty of 14 years' jail. However, changes to the law in 2000 state that a conviction is considered to mean "once you have reached the end of the appeals process ... and not had the conviction overturned". Ward confirmed his intention to appeal in a press release issued last Friday. "I am taking advice about next steps, but I can confirm that I have provided instructions to my legal team to prepare an appeal at the earliest opportunity," he said. Parliament also has the power to expel an MP for "unworthy conduct". If the expulsion is passed a byelection will be called for the seat of Kiama. Despite being charged with the offences in 2022, Ward was re-elected to the seat as an independent in 2023.
