POLICE in Australia’s largest state have been slammed for regularly entering the private property of former inmates out on bail to conduct compliance checks, without a court order.
A damning report from the NSW Law Enforcement Conduct Commission says police have been stretching their authority and powers by relying on a weak legal principle to conduct bail compliance checks.
The state watchdog says that leaves the force open to complaints and claims of trespass if a resident revokes an officer’s “implied licence” to enter the property.
“Given the intrusive nature of such compliance checks, they should only be undertaken when approved by a court,” the commission’s 125-page report said.
“In the commission’s view, the doctrine of implied licence (if it is available at all) is a vague, weak and cancellable form of authority for the NSW Police Force to undertake bail compliance checks.
“The NSW Police Force should make use of the statutory scheme provided in the Bail Act, which gives police clear powers to assist them in checking compliance with curfew and residence.”
The commission argued a “parallel scheme” was effectively being created by police “without scrutiny from the judiciary as to whether enforcement… is reasonable and necessary.”
In its submission to the commission, NSW Police said it did not accept the watchdog’s view the force has been acting “unreasonably”.
Each year, police officers in NSW do more than 100,000 bail compliance checks.
Officers performed almost 26,000 fewer bail checks in 2023-24 – a drop of 19.7 percent from the previous reporting period, according to the state’s crime statistics bureau.
Apprehended domestic violence order checks also dipped by more than 12,000, or 11.2 percent.
Premier Chris Minns has been steadfast in his government maintaining a law and order agenda, with strict bail laws targeting regional youth crime extended last month until 2028, to concern from advocates and law groups.
His government also brought in harsher bail conditions placed on domestic violence offenders in 2024.
The laws were swiftly passed after several high-profile cases plagued the state, including the alleged murder of young Forbes mother Molly Ticehurst by her ex-partner who was out on bail.
By Farid FARID, AAP
