Month: June 2024

The NSW Government has passed new laws which will tackle knife crime by giving police extra powers to keep knives off our streets and bring in new restrictions relating to the sale of knives to children.

Under the powers, modelled on Queensland’s Jack’s Law, police will be able to use handheld scanners – or electronic metal-detecting ‘wands’ – to stop and scan individuals without a warrant at designated areas. These will include shopping precincts, sporting venues and public transport stations.

These powers will be made available in circumstances where a relevant offence involving weapons, knives, or violence has occurred within the past 12 months.

A declaration can then be made by a senior police officer, enabling police to scan people for a period of 12 hours (with an option to extend as required, as long as the same criteria are met).

The NSW Government thanks Brett and Belinda Beasley and the Queensland Government for sharing their experiences and their knowledge in regard to Jack’s Law.

The Act also increases the maximum penalty for selling a knife to a child under the age of 16 and introduces a new offence prohibiting selling a knife to a child aged 16 or 17 without a reasonable excuse.

The Act amends the Summary Offences Act 1988 (Summary Offences Act) to double the maximum financial penalty for selling a knife to a child under the age of 16 and to introduce a custodial penalty. The maximum penalty is now $11,000, imprisonment for 12 months, or both.

The Act also introduces a new offence into section 11F of the Summary Offences Act that prohibits selling a knife to a child aged 16 or 17 without a reasonable excuse, with provisions for young people needing knives for work or study, such as hospitality students and apprentices in some trades.

The reforms build upon responsible action taken by the NSW Government including:

• Doubling of the maximum penalties for various knife related offences in 2023.
• Ongoing high impact NSW Police operations such as “Operation Foil” – an ongoing, targeted operation which last ran from 11–13 April 2024. It targets knife crime and anti-social behaviour with 51 knives/weapons seized and 145 people charged with weapon-related offences.  In the last year alone almost 4000 knives were seized in public places.

NSW Premier Chris Minns said:

“I want to genuinely thank Belinda and Brett Beasley whose advocacy has helped change the law, making NSW a safer place.

“Our state is still shaken following the devastating spate of knife related violence.

“We have taken action to send a clear message that NSW will simply not accept these kinds of crimes.

“These are commonsense changes that strike a careful balance between preserving the rights of individuals and ensuring communities stay safe.”

NSW Attorney General Michael Daley said:

“Recently, as a community, we have witnessed tragic events in NSW.

“These shocking incidents have laid bare how devastating knife crime can be and how the lives of innocent people can be snatched away in an instant. I can’t begin to imagine the pain those who have suffered from knife crime feel and I offer my sincerest condolences to those affected by it.

“We want to ensure that people in the community feel safe and are safe. Rightly, they expect the government to do more to achieve that and this new Act will help to keep our streets safer.

“Knife crime is unacceptable. The ability for police to ‘wand’ people will help prevent people being injured and will deter people from carrying them and increase community safety.

“These tougher maximum penalties highlight the seriousness of knife-related crime.”

The NSW Labor Government will ensure all bail decisions are made by magistrates, as part of its domestic violence response package.

This builds on the Government’s commitment last month to ensure magistrates oversee weekend bail hearings, as the Government provides more information around implementation following further detailed work by the Department of Communities and Justice. 

The Government will invest $34 million over four years, including employing up to six additional magistrates, along with additional costs to be incurred by NSW Police and Legal Aid.

It also includes specialist domestic and family violence training for magistrates and court staff, costs associated with evaluation, and capital funding to ensure audio-visual link facilities are available to support remote bail hearings.

The implementation of the legislation will commence on proclamation in coming months and is being funded from the $45 million announced as part of the Government’s $230 million emergency domestic violence response package.

The Government chose to make this change through an amendment in its domestic violence bail legislation, giving certainty to the Parliament and the community.

Overall, the Government’s domestic, family and sexual violence bail reforms will make it more difficult for those accused of serious domestic violence offences to get bail.

This strengthening of bail laws will expand the show cause test to coercive control and serious domestic violence offences committed against intimate partners, and will require electronic monitoring for alleged serious domestic violence offenders granted bail.

The reforms expand the categories of offences for which bail decisions can be ‘stayed’, while also requiring bail decision-makers to consider domestic abuse risk factors, and to consider the views of victims and their family members.

Attorney General Michael Daley said:

“Registrars have an important place in the administration of the courts but there is now a community expectation that our magistrates are best placed to make these decisions in what are often very difficult circumstances.

“This is one part of a multi-faceted response by the Government to improve our response to domestic, family and sexual violence.”

The NSW Government has passed new laws to strengthen community safety by making it harder for alleged domestic violence offenders to get bail, and ensuring all bail decisions are made by magistrates.

Under the new law, people charged with serious domestic violence offences will be required to show cause why they should not be detained until their case is determined – reversing the presumption of bail.

This will apply to those charged with offences, in the context of intimate partner relationships, that carry a maximum penalty of 14 or more years jail.

These offences include sexual assault, kidnapping, and choking to render someone unconscious with intent to commit another indictable offence.

If granted bail, these accused offenders will 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.

The show cause provision will apply to coercive control, which will be a criminal offence from 1 July 2024.

The amendments also strengthen the unacceptable risk test in the Bail Act. Under these changes, before granting bail, decision makers must consider:

• ‘red flag’ behaviour that could constitute domestic abuse, such as behaviour that is physically abusive or violent; behaviour that is sexually abusive, coercive or violent; behaviour that is stalking; behaviour that causes death or injury to an animal; behaviour that is verbally abusive; or behaviour that is intimidation.
• the views of victims and their family members, where available, about safety concerns.

The new legislation will also:

• expand the categories of offences for which bail decisions can be ‘stayed’, meaning the accused person remains in custody while prosecutors bring a detention application before the Supreme Court.
• make it easier to prosecute perpetrators who use tracking devices in a domestic violence context.
• ensure magistrates or judges, rather than registrars, make all bail decisions (not just bail decisions related to domestic violence).

Up to 6 additional magistrates will be employed and the Government will provide funding to ensure audio-visual link facilities are available to support remote bail hearings.

This reform comes after the NSW Government announced a $230 million package to improve the response to domestic and family violence through primary prevention, early intervention and crisis response measures.

The Bail and Other Legislation Amendment (Domestic Violence) Act 2024 amends both the Bail Act 2013 and the Surveillance Devices Act 2007.

Premier Chris Minns said:

“These laws are long overdue and make it harder for alleged domestic violence offenders to get bail.

“They will help keep women and children safer.

“These changes are important as part of work across Government to improve responses to domestic, family and sexual violence.”

Attorney General Michael Daley said:

“The NSW Government has taken urgent action to address the unacceptable rate of domestic violence in our community.

“People accused of serious domestic violence offences against intimate partners will now have to ‘show cause’ why their detention is not justified, and if they are granted bail, they will be subject to electronic monitoring.

“In an important change, all bail matters will now be heard by magistrates and not registrars. This is not a criticism of registrars, who perform important work for their communities.

“These changes to the bail framework are a critical step in addressing domestic violence in NSW.”

Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said:

“This reform complements the $230 million package the NSW Government recently announced to improve NSW domestic violence prevention and support.

“Domestic, family, and sexual violence is preventable, and we continue to look for ways to better support the safety of women and children.”

Minister for Corrections Anoulack Chanthivong said:

“Any act of domestic violence is abhorrent, and women have a right to feel safe everywhere in our community.

“Corrections has specialists right now electronically monitoring offenders on parole or serving orders in the community. We are ready to deploy our expertise and know-how to help expand electronic monitoring to the bail system.

“Electronic monitoring forms part of the government’s coordinated approach to disrupt domestic violence across multiple fronts.”

The NSW Government is taking an innovative approach to help strengthen housing support for those who need it most by using vacant, underutilised properties for people urgently seeking shelter.

A social housing block set for redevelopment will be temporarily used to provide much needed crisis accommodation. Women and children escaping domestic violence are among the many individuals and families who will be able to access this accommodation in inner-city Sydney.

Homes NSW will partner with community housing provider, Bridge Housing, to utilise the existing 17-unit building to house people needing short-term accommodation. This model will continue to be rolled out across the state where suitable properties are identified to be used for temporary accommodation.

As the state continues to grapple with a housing crisis all options must be on the table to bring more safe and secure homes online sooner. Since July 2023, the number of households accessing temporary accommodation (TA) each night has increased significantly, with this site to provide vital short-term relief.

Temporary Accommodation is available for people experiencing homelessness, who are unable to access any other form of safe and appropriate accommodation. Increasing the supply of alternative accommodation, even in the ‘meanwhile’ reduces pressure for temporary and crisis support.

In direct response to the calls for more support, last year, the NSW Government made changes to Temporary Accommodation to create a better place for people in crisis by increasing the initial period of Temporary Accommodation, from two days to seven days and removing the annual 28-day cap.

In addition, people escaping domestic and family violence have had the cash asset limit assessment removed entirely to help break down unnecessary barriers for vulnerable people.

Homes NSW worked to relocate all previous residents into long-term permanent social housing. Rather than leaving the site vacant in a housing crisis. The NSW Government is ensuring that the building continues to be used for accommodation linked to support services under a ‘meanwhile use’ agreement with Bridge Housing.

The site will be used as short-term accommodation for up to 12 months. After this time, the property will be redeveloped into 43 new social homes, an additional 26 units than is currently available on the site.

During this time Homes NSW to complete detailed site investigations, final design and builder procurement for the new social housing development.

Minister for Housing and Homelessness Rose Jackson said:

“This innovative initiative demonstrates our unwavering commitment to addressing homelessness head-on by providing immediate relief to those in need.

“We know a big part of this housing crisis is homes left vacant that could be used by people in need. This is a common sense, practical approach to help get people back on their feet.

“The surge in demand for temporary accommodation emphasizes the urgent need for comprehensive support services. Securing additional funding is imperative to bolstering these services and delivering sustainable solutions for people experiencing homelessness.

“As we continue to rebuild our housing system, we are looking and what direct and immediate actions we can take to provide wrap around support and housing to vulnerable people.”

Bridge Housing’s Chief Operating Officer Simone Parsons said:

“Bridge Housing is honoured to undertake the tenancy management of this project in inner-city Sydney for Homes NSW.

“Taking properties earmarked for development and repurposing them for interim accommodation changes the lives of people experiencing homelessness and domestic violence. It gives them a stable base to get back on their feet, supported by the Women and Girls Emergency Centre (WAGEC), Weave and YWCA, while we work to find them long-term housing.

“Meanwhile housing helps solve immediate housing needs and is scalable and replicable for sites undergoing the DA process.”

The Greyhound Welfare & Integrity Commission (GWIC) will review allegations about various matters involving Greyhound Racing NSW’s (GRNSW) Wyee rehoming facility.

The allegations relate to the care of greyhounds at the facility, which was temporarily closed in May as part of changes made by the GRNSW board.

GWIC will review allegations relating to:

• greyhound accommodation at the Wyee facility
• alleged injuries to greyhounds housed at the facility
• the GRNSW management’s response to animal welfare concerns raised by staff at the facility.

The Minister for Gaming and Racing, the Hon David Harris MP, has requested GWIC to review the allegations and provide a report to the Minister in accordance with section 12(e) of the Greyhound Racing Act 2017 by 5 July 2024.

GRNSW was established under the Act. Its statutory functions include registering greyhound racing clubs, developing safety standards for licensed racecourses, and managing greyhound adoption programs, among others.

Minister for Gaming and Racing David Harris said:

“The NSW Government and wider community need to have confidence that the industry is being run with the highest standards of animal welfare, integrity and sustainability.

“While GRNSW is not a government organisation, with its CEO and Board responsible for its operation, I’ve received information relating to Wyee and the welfare of greyhounds under its care.

“These allegations require further review, as they have the potential to undermine public trust and integrity in the industry.

“As the industry’s regulator, GWIC is best placed to look into these matters and report back to me to inform my consideration of any appropriate next steps.”

The NSW Government has given planning approval for a major refurbishment of BlueScope’s 60-year-old plate mill to strengthen production, stimulate the state’s economy, and create new local jobs.

The development is a massive endorsement of locally made steel operations in NSW, with an estimated $650 million injection of stimulus to the economy.

The upgrade will improve production capability and capacity at the Port Kembla site, where steel slabs are rolled down the line at 1300 degrees Celsius, to cater to an increased demand in the construction, renewable energy and the defence sector.

The multimillion-dollar project will involve replacing 2 of the existing furnaces with a newer and more energy efficient alternative, upgrading infrastructure and modernising processing plant equipment.

The project includes measures to reduce environmental impacts from its operations such as a large reduction in fuel consumption. It will also result in:

• increased production capacity from an existing 430,000 tonnes per year to 600,000 tonnes
• a direct economic stimulus of $650 million for NSW
• the creation of 95 full-time construction jobs during peak construction periods and an additional 18 operational jobs.

The State Significant Development approval will allow BlueScope to support the emerging renewable energy sector in the Illawarra producing more high-quality steel plates, which will help the state work towards its target of Net Zero by 2050.

In a show of support for the upgrade and the broader industrial land transformation project, the government can also announce the establishment of a ‘whole of government’ Working Group to be chaired by the Minister for Planning and Public Spaces and Member for Wollongong.

The Working Group will coordinate government decision making in the largest industrial land reactivation proposal in the world – the equivalent to transforming land use in Sydney CBD from Circular Quay to Central Station. This project is expected to provide employment land for up to 30,000 people.

Works are expected to commence in July 2024 and will take 3 years to complete.

For more information, visit the NSW Planning Portal.

Minister for Planning and Public Spaces and Member for Wollongong Paul Scully said:

“Port Kembla Steelworks is an important part of Wollongong with a history of steelmaking of nearly 100 years. This major project represents the most comprehensive upgrade of the plate mill since it was built in 1963.

“Much of the original plant is still in use today including the original reheat furnaces, and 6 decades later, this upgrade is needed to modernise operations and increase efficiency.

“The new furnace represents the best available technology which will keep steel plate production local and continue to provide enormous economic benefit to the Illawarra for the future.

“Combined with the reline of the number 6 blast furnace and the approved jetty upgrades these investments signal a strong future for steelmaking in the Illawarra.

“I look forward to this upgrade getting underway and these new highly skilled job opportunities being offered to the local community.

“I am also looking forward to chairing the new ‘whole of government’ Working Group acting as a one stop shop for the coordination of departmental and agency decision making on the world’s largest land reactivations – the equivilent of tranforming land use in Sydney CBD from Circular Quay to Central Station.

“This confirms the strategic importance that the NSW Government places on this land transformation – not only for the Illawarra region but the whole of NSW.”

Chief Executive Australian Steel Products Tania Archibald said:

“The modernisation of the plate mill is an important step in bolstering Australia’s sovereign manufacturing capability, supporting critical industries like renewable energy, defence and major infrastructure.

“This project is a testament to BlueScope’s vision to be a vibrant, modern and sustainable manufacturer in Australia.”