Domestic violence and bail in NSW: the show cause reforms.

The reforms in summary.

The Bail and Other Legislation Amendment (Domestic Violence) Act 2024 (NSW) changed the Bail Act 2013 (NSW) and the Surveillance Devices Act 2007 (NSW). It was passed in June 2024 as a response to the death of Molly Ticehurst. The man later convicted of her murder had been granted bail on earlier charges by a court registrar in the weeks before she died. On 11 September 2026 the Supreme Court sentenced him for her murder. This note leaves the detail of that case to the court's published reasons and the public record, and sets out the bail framework it produced.

The changes did three main things. They added serious domestic violence offences to the list of offences where an accused must show cause for release. They stopped registrars from deciding bail in those matters. And they made electronic monitoring a standard condition where bail is granted. The sections below take each in turn, and place them inside the ordinary bail test that still applies underneath.

What is a serious domestic violence offence for bail?

The reforms use a defined term, a serious domestic violence offence. It is an offence under Part 3 of the Crimes Act 1900 (NSW), which is the part dealing with offences against the person, committed against a person the accused has or had an intimate relationship with, and carrying a maximum penalty of 14 years imprisonment or more.

The three parts matter. The charge has to be a personal violence offence, not a property or driving offence. The alleged victim has to be an intimate partner, current or former, so violence against a stranger or a housemate does not fall inside this definition even if it is domestic in a general sense. And the offence has to be a serious one, measured by a maximum penalty of at least 14 years. Charges that can fit include sexual assault, intentional choking, wounding or grievous bodily harm with intent, and kidnapping. A common assault or a low range breach of an apprehended violence order does not meet the 14 year threshold, so it is not a serious domestic violence offence for this purpose, though other bail rules still apply to it.

What does the show cause requirement do?

Section 16B of the Bail Act 2013 (NSW) lists the offences that carry a show cause requirement. The 2024 Act added serious domestic violence offences to that list. Once an offence is a show cause offence, the person applying for bail must first show cause why their detention is not justified. If they cannot, bail is refused at that point, without the court going any further.

This is a shift in the starting point. For most offences the prosecution has to persuade the court that bail should be refused. For a show cause offence the accused has to persuade the court to look at release at all. What amounts to cause is not fixed by the Act. Courts have accepted matters such as a weak prosecution case, significant delay before trial, a need for medical treatment that cannot be met in custody, or a combination of personal circumstances. Cause is assessed on the whole of the situation, not by ticking a single box.

Can you still get bail for a domestic violence charge?

Yes. A show cause offence is not a bar to bail. It is a higher hurdle at the front of the application. Where cause is shown, the court moves to the ordinary test that applies to every bail decision, the unacceptable risk test. Bail can still be granted, and often is granted on conditions, where the person can show cause and the risks can be managed.

The reforms did not remove the presumption of innocence. A person charged with a domestic violence offence has not been found guilty of anything. Bail is about managing risk before trial, not about punishment. The starting point is stricter for these offences, but the question is still whether the person can be released safely on conditions while the charge is dealt with.

What is the unacceptable risk test?

The unacceptable risk test sits underneath the whole scheme. Under sections 18 and 19 of the Bail Act 2013 (NSW), the court weighs whether there is an unacceptable risk that the person will fail to appear, commit a serious offence, endanger the safety of a victim or the community, or interfere with witnesses or evidence. If there is such a risk and it cannot be managed by conditions, bail must be refused. If the risk can be managed, bail can be granted on the conditions that reduce it.

In domestic violence matters the risk to the safety of the alleged victim carries real weight. Courts look at the history between the parties, any prior breaches of apprehended violence orders, the seriousness of the current allegation, and whether conditions such as exclusion zones and non contact orders can protect the person at risk. The full test is set out in a separate note on the unacceptable risk test for bail in NSW.

Why must a magistrate or judge decide, not a registrar?

The reforms provide that an authorised justice who is a registrar must not make a bail decision for a serious domestic violence offence. Those decisions now have to be made by a magistrate or a judge. Registrars can and do make bail decisions in other matters, often after hours, but not in this category.

The reason for this change came from the case that prompted the reforms. Bail on the earlier charges had been granted by a registrar rather than a magistrate. Parliament decided that decisions of this seriousness should be made by a judicial officer who can hear full argument, read the material, and impose the conditions the Act now requires. In practice it means a person charged with one of these offences will have their bail dealt with by a court, not resolved administratively.

Is electronic monitoring compulsory on domestic violence bail?

Close to it. Section 28B of the Bail Act 2013 (NSW) requires that where a person granted bail was required to show cause for a serious domestic violence offence, electronic monitoring must be imposed as a condition, unless the bail authority is satisfied that sufficient reasons exist, in the interests of justice, not to impose it. So the default is an ankle monitor, and the court has to give reasons to depart from it.

The Act also makes a point that cuts the other way. Electronic monitoring on its own does not show cause, and it does not answer the unacceptable risk test. An accused cannot get over the show cause hurdle simply by offering to wear a monitor. The monitor is a condition that can help manage risk once bail is otherwise justified, not a substitute for the case the accused has to make. How monitoring works in practice is covered in a separate note on electronic monitoring bail in NSW.

What the 2024 reforms changed, in short.

Before the reforms, many domestic violence charges were dealt with under the ordinary bail test, with the prosecution bearing the burden and no automatic monitoring. The Bail and Other Legislation Amendment (Domestic Violence) Act 2024 (NSW) reversed the starting point for the most serious of them, moved the decision to a magistrate or judge, and made electronic monitoring the default on release. It also amended the Surveillance Devices Act 2007 (NSW) to support that monitoring. The Bail Act 2013 (NSW) is available on the NSW legislation register.

The reforms drew comment on both sides. Domestic violence advocates supported a stricter approach to bail for serious partner violence. Others raised concern that reversing the presumption of liberty puts more unconvicted people in custody, and that bail settings do not reach the deeper causes of domestic violence. Those are policy questions for Parliament. For a person facing one of these charges, the practical effect is that the bail application is harder, more formal, and more likely to carry conditions.

What this means if you are charged.

If you are charged with a serious domestic violence offence in NSW, bail is not automatic and it will not be sorted out at the counter. You need a prepared show cause case from the first appearance, because a refusal at that stage means custody until the next application. That case is built from the material, the strength of the allegation, delay, personal circumstances, and a concrete plan for conditions the court can accept.

The related questions come up quickly. Most of these charges also carry an apprehended violence order, explained in the note on apprehended violence orders in NSW. If bail is refused, the note on what happens if your bail is refused sets out the next steps. If circumstances change, conditions can be revisited, as explained in the note on changing bail conditions in NSW. Early advice matters, because the first bail decision often sets the shape of the whole matter.

Frequently asked.

Is bail automatically refused for a domestic violence charge in NSW?

No. A serious domestic violence offence is a show cause offence, which changes the starting point but does not remove bail. The accused must first show cause why detention is not justified. If cause is shown, the court applies the ordinary unacceptable risk test. Bail can be granted, refused, or granted on strict conditions.

What is a serious domestic violence offence for bail purposes?

An offence under Part 3 of the Crimes Act 1900 (NSW) committed against a current or former intimate partner and carrying a maximum penalty of 14 years or more. Examples include sexual assault, intentional choking, wounding or grievous bodily harm with intent, and kidnapping.

Who has to prove the bail case?

Because it is a show cause offence, the accused carries the first burden and must show cause why detention is not justified. Only once cause is shown does the burden shift to the prosecution to establish an unacceptable risk that cannot be managed by conditions under sections 18 and 19 of the Bail Act 2013 (NSW).

Is electronic monitoring always imposed?

Section 28B of the Bail Act 2013 (NSW) makes electronic monitoring the default where a person granted bail had to show cause for a serious domestic violence offence, unless the court is satisfied there are sufficient reasons in the interests of justice not to impose it. Monitoring on its own does not show cause and does not answer the unacceptable risk test.

Why can a registrar no longer grant this bail?

The 2024 reforms provide that an authorised justice who is a registrar must not make a bail decision for a serious domestic violence offence. Those decisions must be made by a magistrate or a judge. The change followed a case where bail on earlier charges had been granted by a registrar.

Can bail conditions in a domestic violence case be changed later?

Yes. A bail decision can be reviewed and conditions varied on application, subject to the rules about repeat applications. A change usually needs grounds, such as fresh information or a change in circumstances. The court can add, remove, or adjust conditions, including reporting, curfews, exclusion zones and electronic monitoring.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Brady & Associates Lawyers, as at 15 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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