New bail considerations and restrictions for accused persons
Bail Amendment Bill 2023
1st House
2nd House
Law
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Bail decision makers cannot refuse bail for Summary Offences Act 1966 charges unless the person has a terrorism record or is accused of a high-risk offence.
Bail must be refused if the accused poses an unacceptable risk to the safety or welfare of others.
Bail cannot be refused solely because of a risk of further offending that does not endanger others.
Children accused of murder or terrorism offences must meet an exceptional circumstances test to get bail.
Children accused of specific homicide offences must show a compelling reason to get bail.
Adults must meet the exceptional circumstances test if they committed a Schedule 2 offence while on remand or awaiting sentence for a serious crime.
Bail decision makers must consider systemic discrimination and cultural connections when deciding bail for Aboriginal persons.
Decision makers must record the specific factors they considered when refusing bail to an Aboriginal person.