Tougher bail laws aimed at curbing youth crime in NSW regions do not represent a betrayal of young Indigenous people, the state's premier says.
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The controversial laws, which make it harder for older children to be released if charged for some serious offences while similar charges are pending, passed NSW parliament's upper house during a marathon sitting on Thursday.
Sparked by community concerns about a rise in violent break-ins and car thefts in regional areas, the laws faced widespread opposition from youth advocates and legal groups amid concerns they could lead to more Indigenous children being put behind bars.
But Premier Chris Minns said the government had struck the right balance with the laws only applying to "two offences and that is break and enter into a premises and theft of a motor vehicle".
"It's in response to the data and information particularly from regional communities that's showing, for example in Moree, that break and enter into a home is 800 per cent higher than the average," he told ABC Radio on Friday.
He said he did not accept the suggestion the changes were a "betrayal" of young people, despite criticism from within his own party about the fresh provisions.
Under the changes, a judge needs a high degree of confidence a person aged between 14 and 18 will not commit a further serious indictable offence while on bail, before granting bail.
The bail amendments are temporary and expire after 12 months.
The laws also create a criminal offence aimed at stamping out so-called "posting and boasting" on social media about car thefts or break-ins.
The legislation passed the upper house despite resistance from within government ranks, with Labor MP Cameron Murphy telling parliament the changes would "ultimately send more Indigenous kids to jail".
Opposition MPs voted to pass the laws despite arguing they were raced through and failed to address offending by young children, those aged from 10 to 14.
"This rushed response contains significant gaps and untested decision-making," Liberal MP Susan Carter told parliament.
The laws also faced opposition from the Greens and some legal experts, including the NSW Bar Association and Law Society of NSW, who argued they would lead to higher incarceration rates for vulnerable children.
Attorney-General Michael Daley said the government had been cautious with its measures due to "the potentially serious consequences for young people and, in particular, Aboriginal young people".
"This is why the change is time limited and relates to young people who are already alleged to have committed at least one offence while on bail for another relevant offence," he said in a statement.
"These changes are the first part of this government's significant and multifaceted response to regional crime."
A parliamentary inquiry was announced on Wednesday, when Nationals' repeated calls for a probe into regional crime won government support.
Australian Associated Press
