Law Society of NSW warns lawyers about Bailsafe message relating to electronic monitoring devices for defendants on bail

Criminal lawyers have been warned about preparing bail applications involving ankle monitoring bracelets being tracked by a private firm as the NSW government moves to shift blame for the alleged bail fail crisis.

The NSW government has ordered an urgent review on private companies being hired to monitor defendants on bail. Picture: Eddie Safarik

NSW’s lawyers have been warned about increasing concerns regarding a private firm’s ability to monitor criminal defendants while on bail as the Minns government moves to shift the blame on a perceived lack of regulation on ankle bracelet monitoring to the former Liberal government.

As revealed by this masthead on Tuesday, authorities have had to scramble to confirm the locations of dozens of alleged criminals who had been released on bail with strict conditions that they were electronically monitored at all times by the company Bailsafe.

However, the NSW government has become increasingly concerned that Bailsafe may have “ceased operations” after a Daily Telegraph investigation found at least a handful of defendants had not been tracked for months despite wearing the ankle bracelets.

It included a man who walked out of a Port Stephens rehab facility, at least three other defendants at the same centre being offline for days because of a storm-induced power outage and another person on bail whose family had been unsuccessfully trying to contact Bailsafe since November.

Questions to the Department of Communities and Justice prompted Attorney-General Michael Daley to call an urgent review on the regulations surrounding private firms being responsible for the electronic monitoring devices used for people on bail.

Attorney-General Michael Daley has ordered the review as his government looks to blame the former Perrottet government for not being good enough with the “regulation of these arrangements”.

It also prompted the Law Society of NSW to post a message on social media sites on Tuesday to lawyers across the state after the organisation had been contacted by the department.

“The Department of Communities and Justice has advised that BailSafe Australia, an independent electronic monitoring service provider nominated in electronic monitoring bail conditions under section 30A of the Bail Act 2013, may have ceased operations without notice to the court, nor the accused persons currently being monitored by its devices,” the Law Society of NSW said in its public post.

More than 20 people on bail, which conditions including wearing ankle bracelets at all times, were being located.

“DCJ has asked the Law Society to convey this information to members who may be involved in making submissions in bail proceedings or working on operational bail matters.”

The advice came hours after the NSW government reiterated the urgent review to other media outlets and doubled down with blaming the former Perrottet government.

“The Department of Communities and Justice has urgently reviewed the use of ankle monitors for a small number of defendants on bail, where the ankle monitor is provided and monitored by private companies,” a government spokesperson said in a statement to Radio 2GB.

“More than 20 defendants on bail were found to be wearing BailSafe ankle monitors. These cases have all been referred to police for them to take any necessary action.

The Law Society of NSW has warned lawyers about the memo from the Department of Communities and Justice.

“In the vast majority of cases where people are wearing ankle monitors in the community, the ankle monitors are overseen and closely managed by Community Corrections staff.

“This is the case when the ankle monitor is imposed, for example, for serious domestic violence offences.

“There are a small number of people in the community who have been given bail with a condition that they fund their own ankle monitor.

“The Minns government is not satisfied the regulation of these arrangements introduced by the previous Government is good enough.

“Attorney-General Michael Daley has asked his department to review the regulation of these providers and advise if any improvements can be made.”

NSW Police would not confirm on Monday how many people on the Bailsafe books had been located, how many were still outstanding and how many had had their bail conditions revoked were not answered.

Instead, the force would only say in a statement that it had been notified on Friday, was “conducting inquiries” and: “Police routinely conduct bail compliance checks on people who are granted conditional bail. Where appropriate, any person found in breach of those conditions, is put back before the courts.”

Continued attempts to contact anyone from Bailsafe, including at the Melbourne and Sydney offices and by phone and email, have been unsuccessful and remain unanswered.

Originally published as Law Society of NSW warns lawyers about Bailsafe message relating to electronic monitoring devices for defendants on bail