By DAVID BRAITHWAITE
THE legislation in what the state government has called the “toughest bail laws” in Australia have passed through Parliament.
The government says community safety will come first on all bail decisions – becoming the overarching principle for bail decision-making.
It will also no longer be necessary to consider remand as a last resort for a child.
Under the ‘Tough Bail Law’, two bail offences of “committing an indictable offence while on bail” and “breach of bail conditions” have come into effect, delivering consequences for people who do not respect the rules of bail and can be considered by bail decision-makers as a reason to refuse bail.
Both offences will be punishable by up to three months imprisonment on top of any other sentence imposed for any crime committed.
Additionally, if someone on bail has been arrested for breach of bail, police officers can bring that person to court directly, rather than wait for a bail justice.
The new laws will uplift serious high-harm offences like aggravated burglary, home invasion, carjacking, and armed robbery to the toughest bail test, so bail is less likely even on the first charge.
The government wants to see offences like serious gun and arson offences, and other knife and weapon offences like machete violence to be subject to a presumption against bail. The changes to the tests for these offences will come into effect in at least three months.
Because the changes to the bail tests are expected to result in another increase in the number of adult and youth offenders on remand, their start date will be linked to system workforce capacity.
An expanded recruitment campaign is being prepared for corrections and youth justice workers, and further planning is underway to prepare the adult and youth systems for the increased demand.
The second Tough Bail Bill will be introduced in the middle of the year, creating the proposed tough new bail test for serious, repeat offenders, and uplifting the new offence of ‘committing an indictable offence while on bail’ to face a tougher bail test – triggering the second-strike rule.
Safeguards will be developed so the uplift is proportionate.
Legislation for the government’s ban on machetes has also passed through parliament.
Machetes will be classified as a prohibited weapon from September 1. An amnesty will take place from September 1 to November 30, with people able to dispose of their knives without committing a crime.
If people wish to own a machete for an allowed purpose such as agriculture, they will need to apply for an exemption. These exemptions will be worked through with industry.
Penalties of two years imprisonment or a fine of more than $47,000 will apply to anyone caught in possession of a machete.
