The electronic monitoring of alleged domestic violence perpetrators through electronic ankle bracelets that contain GPS devices has emerged as a significant topic of discussion across the New South Wales’s criminal justice landscape.

As states and territories grapple with the devastating impact of domestic and family violence, the NSW Government has turned to electronic monitoring as a technology-based solution to support victim safety.

Recently implemented in NSW, this surveillance measure requires an offender to wear a GPS ankle monitor device fitted to their body that tracks their movements and location to alert police if they breach court-ordered excluded location zones.

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The Current State of Domestic Violence in Australia

On 28 April 2024, the Australian Government declared that Australia was experiencing a ‘national crisis’ of violence against women, with one woman being killed every four days. Data from the Bureau of Crime Statistics and Research also showed the number of adults in custody for serious domestic violence offences is at an all-time high of 3,008, with over half on remand.

It has been estimated that 1 in 4 women have experienced violence from an intimate partner since the age of 15, with 23% experiencing emotional abuse and another 16% experiencing economic abuse. Just in the 2024 calendar year, approximately 100 women were killed due to gender-based violence, with the total increasing every year.

Consequently, in response, the NSW Government announced an emergency package to address domestic and family violence. Accordingly, NSW Attorney-General Michael Daley explained that “earlier this year, the NSW Government toughened bail laws that raised the threshold and added additional factors to be considered before bail could be granted for alleged serious domestic violence offenders, placing the onus on them to show the court why their detention isn’t justified”.

Furthermore, electronic device monitoring will now also be implemented for offenders who are charged with allegedly committing serious domestic violence. Offenders will have to wear the monitoring device 24/7 for the remaining time they are out on bail.

The ultimate push for the introduction of implementing electronic monitoring devices for domestic violence offenders came from the case of Molly Ticehurst, a 28-year-old woman whose life was taken by her ex-partner, who allegedly murdered Molly whilst he was out on bail.

Introduction of Ankle Bracelet Monitoring Devices

Given the current landscape of domestic violence and family violence offenders, alleged perpetrators charged with serious domestic violence offences in New South Wales will now be required to wear an ankle monitor device fitted to their body and have their movements and location tracked if they are granted bail for a ‘serious domestic violence’ offence.

‘Serious domestic violence’ offences, as defined by the Crimes Act 1900, are offences committed by an intimate partner that carry a maximum prison sentence of 14 years or more and include:

  1. Sexual assault,
  2. Kidnapping,
  3. Coercive control (criminalised on July 1 2024) and
  4. Strangulation with intent to commit further offence.

Offenders are electronically monitored for compliance with the excluded location zones listed on their Apprehended Domestic Violence Order (“ADVO”). The excluded location zone is an area the offender is not allowed to access, such as a specified address, schools, work locations, or even suburbs or city areas. 

Since the accused’s movements are monitored 24/7 by corrective officers, the GPS ankle monitor technology creates real-time alerts for the corrective officers, who then send a notification to NSW police to respond to.

Electronic monitoring devices are used as a case management tool to assist in managing offender behaviour in conjunction with other behaviour change interventions and strategies. As Women’s Safety Commissioner Dr Hannah Tonkin has said, it ‘will give victim-survivors of domestic and family violence greater peace of mind and support their safety planning while the matter is dealt with in the courts’.

Protections for Victims

Given that the introduction of electronic monitoring technology allows for the real-time tracking of an alleged offender to their GPS location and provides a notification to police should a person breach their conditions, this service is critical to prioritising victim safety.

One data report from the Domestic Violence Electronic Monitoring (“DVEM”) program, which assesses the effectiveness of electronic ankle monitoring on domestic violence offenders, has revealed that DVEM participants’ likelihood of any reoffending decreased by 9.6%, with 32.9% less likely to commit a new domestic violence offence, 19.4% less likely to breach their ADVO and 11.4% less likely to return to custody”.

When an offender is monitored under the DVEM program, victim-survivors are also offered support from specialist domestic violence services. Additionally, where appropriate, victim-survivors may be provided with a matching GPS electronic monitoring device to alert them if their offender is within a certain distance from them.

Victims are also offered an ‘immediate needs support package’ through the Victims Support Scheme, which provides financial assistance by completing a claims form available here.

A spokesperson from the Sydney Morning Herald has said that “Electronic monitoring works…This must be part of a holistic, far broader approach to addressing domestic and family violence. Electronic monitoring isn’t a perfect solution, but the evidence shows it will make a difference”.

Impact on Domestic Violence Offenders

One significant concern regarding this new amendment to the Bail Act 2013 is that courts have the power to impose GPS tracking on an alleged offender who has no criminal record or who has not had a final apprehended domestic violence order issued against them.

As a result, those subject to such orders often face substantial restrictions on their freedoms and may be unfairly stigmatised by the criminal justice system. Thus, it is more difficult for them to reintegrate into society and move forward with their lives.

Additionally, GPS tracking is a costly service. Some offenders participating in monitoring programs must contribute a fee to cover the equipment and ongoing monitoring costs.

Key Takeaways

In Need of Experienced Criminal Offence Lawyers?

If you have been fined or charged with a criminal offence in NSW, you must seek legal advice and legal representation. 

The team at Hamilton Janke Lawyers have been recognised for their expertise in criminal matters by Doyle’s Guide and can provide you with sound advice and rigorous representation in court. Contact our expert Lawyers now.

Written By
Picture of Drew Hamilton
Drew Hamilton

Drew Hamilton is founding partner at Hamilton Janke Lawyers. Admitted to the Supreme Court of New South Wales as a Solicitor and also listed on the High Court of Australia register.