Ankle Bracelet/Electronic Monitoring

Published by Geoff Harrison | 19 April 2025

As of 11 October 2024, a person charged with a "serious domestic violence offence" as defined by s4 of the Bail Act 2013 ('the Act') if granted bail must be subject to a bail condition that the accused person be subject to electronic monitoring, unless the bail authority is satisfied sufficient reasons exist, in the interests of justice, to justify not imposing the condition.

Corrective Services NSW (CSNSW) is responsible for fitting and monitoring electronic ankle bracelets.

Other Sources:

• Bail and Other Legislation Amendment (Domestic Violence) Bill 2024

  
  

• Domestic Violence Electronic Monitoring (DVEM) program

  
  

• Minister Release: Electronic monitoring to increase protection for victim-survivors of domestic and family violence

  
  

• Geoff Harrison: Bail

Extracted Legislation:

BAIL ACT 2013 - SECT 28B

Bail condition must impose electronic monitoring for certain offences

(1) This section applies if an accused person is--

(a) subject to the requirement to show cause under section 16A for a show cause offence referred to in section 16B(1)(c1), and

(b) granted bail.

(2) The grant of bail must be subject to a bail condition that the accused person be subject to electronic monitoring, unless the bail authority is satisfied sufficient reasons exist, in the interests of justice, to justify not imposing the condition.

Note--: See also section 30A, which provides for matters relating to electronic monitoring.

(2A) If the grant of bail is subject to a condition referred to in subsection (2), the accused person must remain in custody until the person has been fitted with a device that permits the electronic monitoring of the person in accordance with the condition.

Note--: See section 42 and the regulations, which provide that a person who has custody of an accused person granted bail must give a court notice that the accused person is still in custody within particular timeframes.

(3) To avoid doubt, nothing in this section--

(a) prevents a bail authority, in relation to matters to which this section does not apply, from imposing a bail condition in accordance with this Act that an accused person be subject to electronic monitoring, or

(b) requires or permits a bail authority, in making a decision under Division 1A or Division 2, to be satisfied the accused person's detention is not justified, or there is not an unacceptable risk, on the basis a bail condition may be imposed requiring the accused person to be subject to electronic monitoring under this section, or

(c) prevents a bail authority from varying the bail conditions to which an accused person is subject, to allow the accused person to be released on bail without being subject to electronic monitoring, if there are sufficient reasons in the interests of justice for the variation.

(4) The regulations may provide for matters relating to the supervision, monitoring and enforcement of electronic monitoring imposed on accused persons as a bail condition under this section.

BAIL ACT 2013 - SECT 16B

Offences to which the show cause requirement applies

(1) For the purposes of this Act, each of the following offences is a

"show cause offence" --

(a) an offence that is punishable by imprisonment for life,

(b) a serious indictable offence that involves--

(i) sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years, or

(ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years,

(c) a serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm, if the accused person has previously been convicted of a serious personal violence offence,

(c1) a serious domestic violence offence,

...

BAIL ACT 2013 - SECT 4

...

"serious domestic violence offence" means--

(a) an offence under the Crimes Act 1900, Part 3 with a maximum penalty of 14 years imprisonment or more if the offence is committed by a person against an intimate partner, or

(b) an offence under a law of the Commonwealth, another State or Territory or another jurisdiction that is similar to an offence under that part.

BAIL REGULATION 2021 - REG 31G

Compliance by accused person with electronic monitoring

(1) An accused person subject to an electronic monitoring condition must submit to an electronic monitoring transmitter being fitted to the accused person by an authorised person.

(2) An accused person fitted with an electronic monitoring transmitter under this section must--

(a) as soon as possible after being released on bail--

(i) travel to the accused person's residence, and

(ii) contact an authorised person to establish that the transmitter and related equipment is functioning, and

(b) keep the transmitter charged in accordance with directions given by an authorised person, and

(c) keep the transmitter and all related equipment secure, and

(d) immediately notify an authorised person of any concerns about the operation of the transmitter and related equipment, and

(e) give an authorised person the accused person's preferred email address and mobile phone number to enable an authorised person to contact the accused person, and

(f) notify an authorised person of a change in the accused person's preferred email address and mobile phone number within 24 hours after the change occurs, and

(g) not remove, damage, disable or otherwise interfere with the transmitter or related equipment, and

(h) comply with all other reasonable directions of the Commissioner or an authorised person about the transmitter or related equipment, including a direction requiring the accused person to--

(i) attend at a specified place and time for testing or maintenance of the transmitter or related equipment, or

(ii) return the transmitter or related equipment to a specified place at a specified time, or

(iii) allow the collection of the transmitter or related equipment from the person's residence, or

(iv) allow an authorised person to enter the person's residence to test, and take action necessary for the effective functioning of, the transmitter or related equipment.

Note--: Failure of an accused person to comply with an obligation under this section may be dealt with under the Act, Part 8, as a breach of a bail condition.