{"id":"BILL-ACT-db-74256","name":"Bail Amendment Bill 2026","slug":"bail-amendment-bill-2026","collection":"bill","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-05-06","administeringDepartment":null,"currentVersion":{"id":457647,"registerId":"BILL-ACT-db-74256:current","compilationNumber":null,"startDate":"2026-05-06","status":"in_force","reasons":null,"registeredAt":"2026-05-18T02:36:53.696Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Bail Amendment Bill 2026\n\nJ2025-1234\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Attorney-General)\nBail Amendment Bill 2026\nContents\nPage\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\n4 Section 9A (2) etc 2\n5 Section 12A heading 2\n6 Section 12A, new definitions 3\n7 Deciding of questions of bail by authorised officers\nNew section 15 (1A) 3\n8 Section 15 (3) (b) 3\n9 Court bail—general\nNew section 19 (2A) 3\n10 Sections 22 to 23A 4\n\nContents\nPage\ncontents 2 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Section 28 heading 12\n12 Right of review of bail decisions—prosecution\nSection 44 (6), definition of family violence offence 13\n13 Notice to victim of bail decisions\nSection 47A (2) 13\n14 Section 47A (3) 13\n15 Dictionary, definition of applicable bail criteria, paragraphs (c) and (d) 13\n16 Dictionary, new definitions 13\n17 Dictionary, definition of grant 14\n18 Dictionary, new definitions 14\n19 Dictionary, definition of undertaking to appear 15\n20 Dictionary, definition of victim 15\n21 Dictionary, new definition of victim representative 16\n22 Further amendments, mentions of an undertaking to appear etc 17\nSchedule 1 Consequential amendments 19\nPart 1.1 Family Violence Act 2016 19\nPart 1.2 Victims of Crime Act 1994 19\n\nJ2025-1234\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2026\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Attorney-General)\nBail Amendment Bill 2026\nA Bill for\nAn Act to amend the Bail Act 1992, and for other purposes\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nSection 1\npage 2 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act1\nThis Act is the Bail Amendment Act 2026.2\n2 Commencement3\nThis Act commences 6 months after its notification day.4\nNote The naming and commencement provisions automatically commence on5\nthe notification day (see Legislation Act, s 75 (1)).6\n3 Legislation amended7\nThis Act amends the Bail Act 1992.8\nNote This Act also amends other legislation (see sch 1).9\n4 Section 9A (2) etc10\nomit everything after11\nconsidering12\nsubstitute13\nthe matters in section 22 (Bail decision—core matters).14\nin15\n• section 9A (2)16\n• section 9C (3)17\n• section 9D (3)18\n• section 9F (3)19\n5 Section 12A heading20\nsubstitute21\n12A Definitions—pt 422\n\nSection 6\nBail Amendment Bill 2026 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Section 12A, new definitions1\ninsert2\nchild welfare law—see the Children and Young People Act 2008,3\nsection 640.4\ndisability includes a physical, intellectual or cognitive impairment.5\nfamily violence—see the Family Violence Act 2016, section 8.6\nhealth condition means a physical or mental illness.7\n7 Deciding of questions of bail by authorised officers8\nNew section 15 (1A)9\ninsert10\n(1A) The informant must give the authorised officer information about11\nwhether a family violence order has been made under the Family12\nViolence Act 2016 against an accused person.13\n8 Section 15 (3) (b)14\nomit15\nsection 9F (2), section 22 or section 2316\nsubstitute17\nsection 9F (2) or section 2218\n9 Court bail—general19\nNew section 19 (2A)20\ninsert21\n(2A) The informant must give the court information about whether a22\nfamily violence order has been made under the Family Violence23\nAct 2016 against the accused person.24\n\nSection 10\npage 4 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Sections 22 to 23A1\nsubstitute2\n22 Bail decision—core matters3\n(1) In making a decision about the grant of bail to an adult in relation to4\nan offence, a court or authorised officer must consider the following5\nmatters:6\n(a) the likelihood of the adult appearing in court in relation to the7\noffence;8\n(b) the likelihood of the adult, while released on bail—9\n(i) committing an offence; or10\n(ii) harassing or endangering the safety or welfare of anyone;11\nor12\n(iii) interfering with evidence, intimidating a witness or13\notherwise obstructing the course of justice in relation to14\nthe adult or anyone else;15\n(c) the interests of the adult.16\n(2) In making a decision about the grant of bail to a child in relation to17\nan offence, a court or authorised officer must consider the following18\nmatters:19\n(a) as a primary consideration, the best interests of the child;20\n(b) the likelihood of the child appearing in court in relation to the21\noffence;22\n(c) the likelihood of the child, while released on bail—23\n(i) committing an offence; or24\n(ii) harassing or endangering the safety or welfare of anyone;25\nor26\n\nSection 10\nBail Amendment Bill 2026 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) interfering with evidence, intimidating a witness or1\notherwise obstructing the course of justice in relation to2\nthe child or anyone else.3\n(3) Also, if the adult or child is convicted of an indictable offence, or the4\nelements of an indictable offence are proven in relation to them, but5\nthey have not been sentenced for the offence, a court must consider6\nthe likelihood of the person being given a sentence of imprisonment.7\n(4) In subsections (1) (b) (i) and (2) (c) (i):8\noffence includes an offence against a law of the Commonwealth,9\na State or another Territory.10\n22A Bail assessment—relevant factors generally11\nIn considering the matters in section 22 in relation to a person for an12\noffence, the court or authorised officer must consider any matter the13\ncourt or officer considers relevant to those matters, including the14\nfollowing:15\n(a) the nature and seriousness of the offence;16\n(b) the person’s character, background and community ties;17\n(c) the likely effect of a refusal of bail on the person’s family or18\ndependants;19\n(d) the person’s history of compliance with the following:20\n(i) bail undertakings;21\n(ii) bail conditions;22\n(iii) any other orders of an Australian court;23\n(e) the strength of the case against the person;24\n(f) the person’s need for physical protection;25\n\nSection 10\npage 6 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) the period that the person may be held in custody if bail is1\nrefused, and the conditions under which the person would be2\nheld;3\n(h) whether the person was released on bail at the time of the4\noffence;5\n(i) the behaviour of the person towards a primary victim of the6\noffence, or a family member of a primary victim;7\n(j) whether the offence is a family violence offence;8\n(k) the likelihood of the person using family violence if released on9\nbail and how to manage any risk of the person using family10\nviolence.11\nExamples—par (k)12\n1 a bail condition under pt 513\n2 an order under the Family Violence Act 2016, s 112 (Court-initiated14\ninterim orders)15\n22B Bail assessment—relevant factors for Aboriginal or16\nTorres Strait Islander people17\n(1) In considering the matters in section 22 in relation to an Aboriginal18\nor Torres Strait Islander person for an offence, the court or authorised19\nofficer must consider the following:20\n(a) the risk of harm that custody may pose to the person as an21\nAboriginal or Torres Strait Islander person;22\n(b) the likely effect of being held in custody on the person’s ability23\nto maintain their connections to culture, family, Elders,24\ncommunities and Country;25\n(c) any relevant matter in the person’s history, culture or26\ncircumstances, including the ongoing effect of any of the27\nfollowing:28\n(i) trauma, including inter-generational trauma, abuse,29\nneglect, loss or family violence;30\n\nSection 10\nBail Amendment Bill 2026 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) being dealt with under a child welfare law;1\n(iii) social or economic disadvantage, including homelessness2\nor unstable housing arrangements;3\n(d) if the person has carer responsibilities, including as a parent or4\nguardian of an Aboriginal or Torres Strait Islander child—5\nthe effect of bail conditions or custody on—6\n(i) the person’s ability to discharge their responsibilities; and7\n(ii) the person being cared for;8\n(e) any other significant cultural issue or obligation.9\n(2) In considering the matters mentioned in subsection (1), proof is not10\nrequired to establish the following:11\n(a) Aboriginal and Torres Strait Islander people have experienced12\nharm in custody at a disproportionately higher level than other13\nmembers of the population;14\n(b) it is in the interests of an Aboriginal or Torres Strait Islander15\nperson to be able to maintain connections to their culture,16\nfamily, Elders, communities and Country.17\n(3) In this section:18\nAboriginal or Torres Strait Islander person means a person who—19\n(a) is a descendant of an Aboriginal person or a Torres Strait20\nIslander person; and21\n(b) identifies as an Aboriginal person or a Torres Strait Islander22\nperson; and23\n(c) is accepted as an Aboriginal person or a Torres Strait Islander24\nperson by an Aboriginal community or Torres Strait Islander25\ncommunity.26\n\nSection 10\npage 8 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22C Bail assessment—relevant factors for people with1\ndisability or health condition2\nIn considering the matters in section 22 in relation to a person for an3\noffence, if the person has a disability or health condition, the court or4\nauthorised officer must consider the following:5\n(a) the treatment and support required to manage the disability or6\nhealth condition;7\n(b) the effect of the disability or health condition on the person’s8\nability to—9\n(i) understand their rights and obligations; and10\n(ii) make decisions; and11\n(iii) communicate decisions; and12\n(iv) represent their interests.13\n22D Bail assessment—relevant factors for children14\n(1) In considering the matters in section 22 in relation to a child for an15\noffence, the court or authorised officer must consider the following:16\n(a) the principles in the Children and Young People Act 2008,17\nsection 94 (Youth justice principles);18\n(b) if the decision is being made by a court and a report has been19\ngiven to the court under the Court Procedures Act 2004,20\nsection 74D (Court may order report about young person) in21\nrelation to the child—the report;22\n(c) the child’s age, maturity and developmental capacity at the time23\nof the offence;24\n(d) the need to impose only the least onerous necessary bail25\nconditions in the circumstances;26\n\nSection 10\nBail Amendment Bill 2026 page 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the importance of preserving and strengthening the child’s1\nrelationships with the following:2\n(i) the child’s parents, guardians and carers;3\n(ii) any other person who is significant to the child;4\n(f) the importance of supporting the child to live in safe, stable and5\nsecure living arrangements in the community;6\n(g) whether the child is receiving, or is likely to receive, therapeutic7\nsupport services;8\n(h) the need to support the child’s education, training or lawful9\nemployment without unnecessary interruption;10\n(i) the need to reduce the stigma associated with being remanded in11\ncustody;12\n(j) the need to manage and reduce the effects of custody on13\nchildren, including—14\n(i) a higher likelihood of future involvement with the criminal15\njustice system; and16\n(ii) a higher likelihood of harm;17\n(k) if the child is found guilty of the offence—18\n(i) the likelihood that the child will be sentenced to a term of19\nimprisonment; and20\n(ii) the likely length of that sentence;21\n(l) the ongoing effect of any of the following that apply to the child:22\n(i) a health condition;23\n(ii) a disability;24\n(iii) trauma, abuse, neglect, loss or family violence;25\n(iv) being dealt with under a child welfare law.26\n\nSection 10\npage 10 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In considering the matters mentioned in subsection (1), proof is not1\nrequired to establish that the following are in the best interests of a2\nchild:3\n(a) avoidance, when not necessary in the circumstances, of custody4\nor onerous bail conditions;5\n(b) preservation and strengthening of supportive relationships6\nbetween the child and any of the following:7\n(i) the child’s parents, guardians and carers;8\n(ii) people who are significant to the child;9\n(c) safe, stable and secure living arrangements in the community;10\n(d) continuation of education, vocational training or lawful11\nemployment;12\n(e) avoidance of stigma associated with being remanded in custody.13\n23 Bail assessment—relevant factors for pregnant people14\netc15\nIn considering the matters in section 22 in relation to a pregnant16\nperson for an offence, the court or authorised officer must consider17\nthe following:18\n(a) the likely effect of custody on the person;19\n(b) the likely effect of custody on the unborn child after they are20\nborn;21\n(c) the likely effect of complying with bail conditions on the person.22\n\nSection 10\nBail Amendment Bill 2026 page 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23A Victim’s concern about need for protection etc1\n(1) If a court or authorised officer is considering whether to grant bail to2\nan accused person—3\n(a) a victim may express concern about the need for protection from4\nviolence or harassment by the accused person to a relevant5\njustice agency; and6\n(b) a primary victim may give any other information about the7\naccused person to a relevant justice agency.8\n(2) If a court is considering whether to grant bail to an accused person—9\n(a) the prosecutor—10\n(i) if aware that the victim has expressed a concern about a11\nneed for the victim’s protection—may make a submission12\nto the court about the concern; but13\n(ii) if aware that the victim has expressed that the court should14\nbe informed about the concern—must make the15\nsubmission; and16\n(b) the prosecutor may make any further submission about17\ninformation they are aware was given under subsection (1) (b)18\nthat relates to a matter in section 22; and19\n(c) the court must receive any submission and—20\n(i) in relation to a concern about the need for protection—21\nconsider the submission in the context of the matter22\nmentioned in section 22 (1) (b) or (2) (c); or23\n(ii) in relation to information given under subsection (1) (b)—24\nconsider the submission in the context of section 22.25\n\nSection 11\npage 12 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If an authorised officer is considering whether to grant bail to an1\naccused person and is aware of a concern expressed or information2\ngiven under subsection (1), the officer must—3\n(a) for a concern about the need for protection—consider the4\nconcern in the context of the matters mentioned in section 9F5\n(Family violence offence—bail by authorised officer) and6\nsection 22 (1) (b) or (2) (c); or7\n(b) for information given under subsection (1) (b)—consider the8\ninformation in the context of section 9F and section 22.9\n(4) A victim representative may represent a primary victim’s concerns or10\ngive information for them to a relevant justice agency under this11\nsection.12\n(5) In this section:13\npersonal violence—see the Personal Violence Act 2016, section 8.14\nrelevant justice agency means either of the following:15\n(a) the chief police officer;16\n(b) the director of public prosecutions.17\nviolence or harassment includes—18\n(a) family violence; and19\n(b) personal violence; and20\n(c) violence against, or harassment of, a victim’s family members21\nor pets.22\n11 Section 28 heading23\nsubstitute24\n28 Bail undertakings25\n\nSection 12\nBail Amendment Bill 2026 page 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Right of review of bail decisions—prosecution1\nSection 44 (6), definition of family violence offence2\nomit3\n13 Notice to victim of bail decisions4\nSection 47A (2)5\nomit6\na police officer assigned to liaise with victims of crime7\nsubstitute8\na police officer or staff member of the Australian Federal Police9\nwhose functions include victim liaison10\n14 Section 47A (3)11\nomit12\n(or, if the victim is a child, a person who has parental responsibility13\nfor the child)14\nsubstitute15\nor victim representative16\n15 Dictionary, definition of applicable bail criteria,17\nparagraphs (c) and (d)18\nsubstitute19\n(c) section 22 (Bail decision—core matters).20\n16 Dictionary, new definitions21\ninsert22\nbail undertaking means an undertaking under section 28 (1).23\nchild welfare law, for part 4 (Grant of bail)—see the Children and24\nYoung People Act 2008, section 640.25","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Section 17\npage 14 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndisability, for part 4 (Grant of bail)—see section 12A.1\nfamily violence, for part 4 (Grant of bail)—see the Family Violence2\nAct 2016, section 8.3\n17 Dictionary, definition of grant4\nomit5\nsection 22 (Criteria for granting bail to adults) or section 23 (Criteria6\nfor granting bail to children)7\nsubstitute8\nsection 22 (Bail decision—core matters)9\n18 Dictionary, new definitions10\ninsert11\nharm includes—12\n(a) physical injury; and13\n(b) mental injury or emotional suffering (including grief); and14\n(c) pregnancy; and15\n(d) economic loss; and16\n(e) substantial impairment of a person’s legal rights.17\nhealth condition, for part 4 (Grant of bail)—see section 12A.18\nlegally incompetent person means an adult who is subject to—19\n(a) an enduring power of attorney that has become operative; or20\n(b) a guardianship order.21\n\nSection 19\nBail Amendment Bill 2026 page 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprimary victim—1\n(a) means a person who suffers harm because of an offence2\ncommitted by an accused person and includes a person who3\nsuffers harm—4\n(i) in the course of, or as a result of, the commission of the5\noffence; or6\n(ii) as a result of witnessing the offence; or7\n(iii) in the course of assisting a police officer in the exercise of8\nthe officer’s power to arrest the accused person or to take9\naction to prevent the commission of the offence; but10\n(b) does not include the accused person.11\n19 Dictionary, definition of undertaking to appear12\nomit13\n20 Dictionary, definition of victim14\nsubstitute15\nvictim, of an offence by an accused person—16\n(a) means—17\n(i) a primary victim; or18\n(ii) a family member, of the primary victim, who suffers harm19\nbecause of the harm to the primary victim; or20\n(iii) a person who is financially or psychologically dependent21\non the primary victim, and who suffers harm because of22\nthe harm to the primary victim; or23\n(iv) if a primary victim dies because of the commission of the24\noffence—25\n(A) a close family member of the primary victim; or26\n\nSection 21\npage 16 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(B) a carer of the primary victim; or1\n(C) a person with an intimate personal relationship with2\nthe primary victim; or3\n(D) a person who was financially or psychologically4\ndependent on the primary victim immediately before5\ntheir death; or6\n(v) a person with parental responsibility for a person7\nmentioned in subparagraphs (i) to (iv); or8\n(vi) if a person mentioned in subparagraphs (i) to (iv) is a9\nlegally incompetent person—10\n(A) a legally appointed guardian for the person; or11\n(B) an attorney, appointed under an enduring power of12\nattorney that has become operative, for the legally13\nincompetent person; but14\n(b) does not include the accused person.15\n21 Dictionary, new definition of victim representative16\ninsert17\nvictim representative means—18\n(a) a person with parental responsibility for a victim; or19\n(b) for a victim who is a legally incompetent person—20\n(i) a legally appointed guardian for the person; or21\n(ii) an attorney, appointed under an enduring power of22\nattorney that has become operative, for the legally23\nincompetent person; or24\n\nSection 22\nBail Amendment Bill 2026 page 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a person nominated, in writing, by a primary victim to do 1 or1\nmore of the following:2\n(i) represent the primary victim’s concern about the need for3\nprotection under section 23A (1) (a);4\n(ii) give information for the primary victim under5\nsection 23A (1) (b);6\n(iii) be told information for the primary victim under7\nsection 47A (3).8\n22 Further amendments, mentions of an undertaking to9\nappear etc10\ncolumn 1\nitem\ncolumn 2\nprovision\ncolumn 3\nomit\ncolumn 4\nsubstitute\n1 section 6 an undertaking to\nappear\na bail undertaking\n2 section 8 an undertaking to\nappear\na bail undertaking\n3 section 9 an undertaking to\nappear\na bail undertaking\n4 section 9F an undertaking a bail undertaking\n5 section 13 an undertaking a bail undertaking\n6 section 15 an undertaking a bail undertaking\n7 section 19A (2) (b),\nexamples\n(Undertakings to appear) (Bail undertakings)\n8 section 21 undertaking to\nappear\nbail undertaking\n9 part 5 heading undertakings\nto appear\nbail\nundertakings\n\nSection 22\npage 18 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nprovision\ncolumn 3\nomit\ncolumn 4\nsubstitute\n10 section 30 (1) an undertaking to\nappear before a court\nunder section 28 (1)\na bail undertaking\n11 section 30 (6) (b) undertaking to\nappear\nbail undertaking\n12 section 31 An undertaking to\nappear\nA bail undertaking\n13 section 32 (2)\n(1st mention)\nundertaking bail undertaking\n14 section 33 (1) an undertaking a bail undertaking\n15 section 33 (6)\n(1st mention)\nundertaking to\nappear\nbail undertaking\n16 section 33 (7) undertaking to\nappear\nbail undertaking\n17 section 36 (2) an undertaking to\nappear\na bail undertaking\n18 section 36 (6),\ndefinition of court\nof appearance\nundertaking to\nappear\nbail undertaking\n19 section 37 undertaking bail undertaking\n20 section 45 (6) (a) an undertaking to\nappear\na bail undertaking\n21 section 45 (6) the undertaking to\nappear\nthe bail undertaking\n22 section 49 an undertaking a bail undertaking\n\nConsequential amendments Schedule 1\nFamily Violence Act 2016 Part 1.1\nAmendment [1.1]\nBail Amendment Bill 2026 page 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Consequential amendments1\n(see s 3)2\nPart 1.1 Family Violence Act 20163\n[1.1] Schedule 1, table 1.2, new item 124\ninsert5\n12 information given to an authorised officer under the Bail Act 1992,\nsection 15 (1A) (Deciding of questions of bail by authorised officers) or to a\ncourt under that Act, section 19 (2A) (Court bail—general)\nPart 1.2 Victims of Crime Act 19946\n[1.2] Section 17 (1), except note7\nsubstitute8\n(1) If a court or an authorised officer is considering whether to grant bail9\nto, or is reviewing a bail decision for, an accused person, a relevant10\njustice agency must take all reasonable steps to ask a victim of the11\naccused person whether the victim has any concerns about the need12\nfor protection from violence or harassment by the accused person.13\n[1.3] Section 17 (2), new definitions14\ninsert15\nfamily violence—see the Family Violence Act 2016, section 8.16\npersonal violence—see the Personal Violence Act 2016, section 8.17\n\nSchedule 1 Consequential amendments\nPart 1.2 Victims of Crime Act 1994\nAmendment [1.3]\npage 20 Bail Amendment Bill 2026\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nviolence or harassment includes—1\n(a) family violence; and2\n(b) personal violence; and3\n(c) violence against, or harassment of, a victim’s family members4\nor pets.5\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 6 May 2026.\n2 Notification\nNotified under the Legislation Act on 2026.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2026","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Bill expands the Bail Act from a comparatively shorter, risk-focused framework to a broader, structured decision-making regime. It adds specific, mandatory consideration of family violence, cultural and custodial harms for Aboriginal and Torres Strait Islander people, disability and health factors, child-specific principles, pregnant persons’ needs, and formal routes for victim input (ss 22–23A). It also creates new administrative duties on informants and prosecutors to gather and communicate family violence orders and victim concerns (ss 15(1A), 19(2A), 23A; schedule 1). These additions meaningfully broaden the Act’s operational scope beyond simply listing bail criteria: they change information flows between police, prosecutors and courts, and embed victim-safety and group-specific welfare considerations into bail decision processes."},"complexity_factors":["Substitution of core statutory test (s 22) with multiple cross-referenced subsections (ss 22–23A)","Many new, targeted mandatory considerations for different groups (Aboriginal/Torres Strait Islander s 22B; disability/health s 22C; children s 22D; pregnant people s 23)","Multiple new defined terms and dictionary rewrites (bail undertaking, victim, victim representative, harm, health condition, legally incompetent person) across Parts and schedule","New procedural duties on non-judicial actors (informant duties in ss 15(1A), 19(2A); prosecutor submission obligations in s 23A)","Inter-legislative cross-references and consequential amendments to other Acts (Family Violence Act, Victims of Crime Act) and examples of cross-referencing in the Bail Act","Conditional logic and evidentiary notes (eg. s 22(3) obligation if convicted but not sentenced; s 22B(2) and s 22D(2) stating proof not required for specified matters)","Victim participation path with tied agency obligations (definition and role of \"victim representative\" plus agency duties), increasing interactions between criminal and victim-safety frameworks"],"plain_english_summary":"**What this Bill changes (mechanically)\n\n- Rewrites the core test courts and authorised officers must use when deciding bail (new section 22). The decision must explicitly consider: the likelihood the accused will attend court; the likelihood they will reoffend, harass or endanger anyone, or interfere with evidence; and the interests of the accused. (s 22)\n- Adds detailed lists of matters the court or authorised officer must consider when assessing bail, split into general factors and specific factors for groups: adults, children, Aboriginal and Torres Strait Islander people, people with disability or health conditions, pregnant people, and victims’ safety concerns. (ss 22A–23A)\n- Requires police informants to tell authorised officers and courts whether there is a Family Violence Act order against the accused. (ss 15(1A), 19(2A))\n- Creates a formal route for victims to express safety concerns to “relevant justice agencies” (chief police officer or director of public prosecutions) and for prosecutors to pass those concerns to the court or make submissions. It also allows a victim representative to act for a primary victim. (s 23A, dictionary)\n- Changes terminology: replaces many references to an \"undertaking to appear\" with the defined term \"bail undertaking\", and updates related dictionary definitions (multiple clauses). (s 11, s 16–22)\n- Makes consequential amendments to the Family Violence Act 2016 and the Victims of Crime Act 1994 to record that information given under the Bail Act must be shared and that victims be asked about safety concerns in bail decisions. (schedule 1)\n\nWho this affects\n\n- Accused persons: courts and authorised officers must apply a broader, more structured set of factors when deciding bail (s 22 and following). Those factors may increase scrutiny of risks such as family violence, prior compliance, and risk of custody harm for particular groups.\n- Victims and victim representatives: have a statutory route to notify safety concerns and provide information to prosecutors and justice agencies; prosecutors may be required to make submissions about those concerns. (s 23A, sch 1)\n- Police/informants: must provide information about existing family violence orders to officers and courts considering bail (ss 15(1A), 19(2A)) and must take reasonable steps to ask victims about protection concerns when bail is being considered. (sch 1, Victims of Crime Act amendment)\n- Prosecutors: must make submissions when a victim has asked to be heard about protection needs, and may make submissions about victim information relevant to bail criteria. (s 23A(2))\n- Courts and authorised officers: must consider the new mandatory factors and specially enumerated matters for particular groups when making bail decisions (ss 22–23A). This changes the decision-making checklist and evidentiary posture.\n\nWhy it matters (official purpose, then practical effects)\n\n- Official purpose claim: the Bill restructures and clarifies the bail decision framework to ensure courts and officers systematically consider risks to victims, the accused's needs and circumstances (including cultural, health and disability factors), and family-violence-related information when deciding bail. (see s 22 and ss 22A–23A)\n\n- Practical effects, trade-offs and implementation considerations:\n  - Who pays / who benefits: victims gain a clearer process to register protection concerns and have those concerns considered; accused persons face more detailed risk assessment which may reduce grant rates in risk-related cases. Police and prosecution agencies bear the administrative cost of gathering and passing on family violence information and victim concerns. Courts may face slightly larger case management and hearing workloads because of additional material to consider and potential submissions by prosecutors. (ss 15(1A), 19(2A), 23A)\n  - Information and compliance burden: police must record and communicate family violence orders and ask victims about protection needs (ss 15(1A), 19(2A); sch 1). Prosecutors may be required to make submissions when victims request it (s 23A(2)). These are concrete procedural steps that require training, record-keeping and inter-agency communication.\n  - Bureaucratic discretion and judicial role: the Bill preserves judicial discretion by allowing courts and authorised officers to consider \"any matter the court or officer considers relevant\" (s 22A), but it also mandates consideration of enumerated factors which will steer decision-making in predictable directions (ss 22–23A). This reduces uncertainty about what must be considered, while still leaving evaluative judgments to decision-makers.\n  - Effects on particular groups: the Bill requires explicit cultural and custodial-harm considerations for Aboriginal and Torres Strait Islander people (s 22B), and developmental and least-onerous-condition principles for children (s 22D). For people with disability or health conditions, the court must consider capacity, communication and support needs (s 22C). These create positive obligations to take those circumstances into account without replacing other risk considerations.\n  - Implementation risk and opportunity costs: timely access to accurate family violence order records and victim contact details is essential. If systems are not updated or police lack capacity to gather and relay information, courts may not receive the material the Bill contemplates. Additional time spent assessing the enumerated factors may increase court workloads, needing administrative resourcing.\n  - Incentives and behavioral responses: the formalised role for victim input may increase reporting of safety concerns before bail decisions; prosecutors may be more likely to oppose bail where victim concerns or family violence orders exist. Defence practitioners may need to present more material about cultural, health or custodial harms to argue for bail.\n  - Effects on private choice and market actors: the Bill does not alter private contracts or markets directly. Its main effects are on procedural decision-making, administrative workloads for justice agencies, and the balance between pre-trial liberty and risk-management.\n\nConcrete references to key provisions\n\n- Core bail decision rewritten and scope of matters to consider: s 22 (Bail decision—core matters); s 22A (general factors)\n- Special factors for Aboriginal and Torres Strait Islander people: s 22B\n- Disability/health condition factors: s 22C\n- Children-specific factors and best interests emphasis: s 22D\n- Victim input and prosecutor obligations: s 23A\n- Informant duties to disclose family violence orders: ss 15(1A), 19(2A)\n- Terminology and dictionary updates (bail undertaking; victim; victim representative): ss 16–21\n\nBottom line (plain): The Bill restructures the Bail Act to require courts and authorised officers to work from a clearer, longer checklist when deciding bail, to collect and use family-violence information, and to give victims a formal route to raise protection concerns. This shifts some administrative and evidentiary work onto police and prosecutors, makes courts explicitly consider cultural, health and child-specific harms, and creates a statutory role for victim representatives. It changes the decision process more than the ultimate decision-maker: judges and authorised officers retain discretion, but must address the specified factors when they exercise it."},"summary":{"status_summary":"The Bail Amendment Bill 2026 received royal assent and will commence six months after its notification day, amending the Bail Act 1992 and related Acts.","complexity_score":7,"likely_questions":["How does the new section 22 change the bail decision for an adult compared to the previous law?","What specific additional factors must a court consider for an Aboriginal or Torres Strait Islander person?","What information must an informant provide about family violence orders, and when?","How is a 'primary victim' defined, and what rights do they have to submit concerns?","When does this Act come into force, and who needs to prepare for the changes?","What is the difference between a 'victim' and a 'victim representative' under the amended Act?","Are there any new obligations on the prosecutor to make submissions about victim concerns?"],"complexity_factors":["Multiple new mandatory assessment factors for different demographic groups (Aboriginal/Torres Strait Islander, people with disability or health condition, children, pregnant people)","Expanded definitions for victim, primary victim, and victim representative with detailed criteria","New information-gathering duties for informants regarding family violence orders","Replacement of entire sections 22 to 23A with new provisions, altering the core bail decision-making structure","Extensive consequential amendments to two other Acts and numerous dictionary definition changes","Technical substitution of terminology from 'undertaking to appear' to 'bail undertaking' across many sections","Commencement delayed by six months, indicating implementation complexity"],"plain_english_summary":"The Bail Amendment Bill 2026 remakes the Bail Act’s decision‑making test, requiring courts and authorised officers to weigh appearance risk, reoffending/harassment risk and the accused’s interests, with children’s best interests paramount. It adds mandatory, tailored assessment factors for vulnerable cohorts (including Aboriginal and Torres Strait Islander people, people with disability or health conditions, children and pregnant people), expands the victim definition (including a new “primary victim” category) and creates new information duties about family violence. It starts six months after assent and will shift how bail decisions are made."}},"importantCases":[],"_links":{"self":"/api/acts/bail-amendment-bill-2026","history":"/api/acts/bail-amendment-bill-2026/history","analysis":"/api/acts/bail-amendment-bill-2026/analysis","conflicts":"/api/acts/bail-amendment-bill-2026/conflicts","importantCases":"/api/acts/bail-amendment-bill-2026/important-cases","documents":"/api/acts/bail-amendment-bill-2026/documents"}}