Reforms strengthening NSW’s justice system and bail framework have passed NSW Parliament.
The Justice Legislation Amendment (Miscellaneous) Bill (No 2) 2026, which also improves existing legal frameworks and court processes for children and adults, passed Parliament yesterday afternoon.
Strengthening the bail framework
The legislation extends section 22C of the Bail Act 2013 which has helped disrupt high-risk offending and stabilise youth crime rates since its introduction in 2024.
The bail test for young people charged with repeat car theft and break and enter offences requires a judge to have a high degree of confidence the accused will not offend while on bail.
The Government previously sought to extend the laws until April 2028 and last year opposed an amendment by the Coalition and the Greens to shorten the sunset period to October this year.
The legislation also helps ensure residential rehabilitation facilities are operating in line with court and community expectations.
Courts will now be required to explicitly consider a facility’s ability to adequately supervise someone when making bail decisions.
Keeping the community safe
The reforms mean offenders sentenced to life imprisonment since NSW’s 1990 ‘truth in sentencing’ reforms can never be released or seek to have their sentences redetermined.
Some of NSW’s worst murderers, who have been sentenced to life with a judicial recommendation they never be released, will also no longer be able to apply for a review of their sentence.
Preventative detention powers relating to terrorism have been extended for another three years.
The Terrorism (Police Powers) Act 2002 allows police to detain someone for up to 14 days to help prevent or preserve evidence in relation to a terrorist attack. Without this extension, the powers would have sunset in December.
Protecting vulnerable complainants
Alternative verdicts will now be available for a wider range of sexual offences against children, young people in care and people with a cognitive impairment.
These complainants are especially vulnerable in the justice system, and the change helps ensure greater consistency in sexual assault trials.
Protections for child sexual assault complainants under the age of 16 will also be extended to reduce trauma.
Attorney General Michael Daley said:
“These reforms extend youth bail laws we know are working and preventative terrorism detention powers to help keep the community safe.
“They also give courts clearer guidelines when it comes to bail to residential rehabilitation and ensures those who are sentenced to life imprisonment can never be released.
“The legislation includes important changes to better protect vulnerable complainants such as children and people with a cognitive impairment in the criminal justice system.”
