Bail Act 1982

Bail is defined as authorisation under the Act to be at liberty instead of in custody or to be released from the obligation to comply with a non-custodial order (s 3(1)). A bail undertaking is the written promise by the accused to appear before a specified court on a specified day, time and place (s 25(1)). Bail conditions are conditions imposed under s 27, which may include conduct agreements, acknowledgements by acceptable persons, agreements to forfeit money, deposits of security or cash, and surrender of passports (s 27(2)). A conduct agreement is an agreement under s 27(2)(a) that requires the accused to observe specified non-financial requirements - for example, prohibitions on associating with certain persons, curfews, reporting obligations, alcohol or drug prohibitions, requirements to reside at a specified place (including supported bail accommodation), or requirements to wear an electronic monitoring device (s 27A(1)). An ancillary provision of a conduct agreement is one that aims to ensure compliance with another provision, such as a reporting or monitoring requirement (s 27A(2A)). An acceptable person is a person (other than the accused) who acknowledges acquaintance with the accused and vouches for the accused’s likelihood to comply (s 27(2)(b)). Prescribed offence means an offence prescribed by regulation or a corresponding offence under another jurisdiction (s 3B). Serious offence is any offence punishable by imprisonment for five or more years (s 3(1)). Serious violence offence includes a range of Criminal Code offences punishable by five or more years - specifically Division 2 of Part V (offences against the person), Divisions 3 to 6A of Part VI (property offences), Part VIA (stalking), and s 218 (dangerous acts), along with other offences prescribed by regulation (s 3(1)). Serious sexual offence means a Territory or Commonwealth sexual offence with a maximum penalty of seven years or more, plus certain adult-child sexual offences regardless of penalty (s 3A). Territory sexual offence and Commonwealth sexual offence are defined in s 3(1) with detailed lists covering intercourse, indecent acts, pornography, exploitation, and preparatory acts. Bail offence is an offence against s 37B(1) or (2) - intentionally engaging in conduct that results in a breach of a bail undertaking or condition with recklessness as to that result. Original offence means the offence for which bail was granted (s 3(1)). Authorised member means a police officer who may grant bail under Part 3 (s 3(1)). Court includes the Supreme Court, the Local Court (which includes the Youth Justice Court by virtue of s 3AA), and a Supreme Court Judge, Local Court Judge or justice of the peace not sitting as a court (s 3(1)). Youth has the meaning given in the Youth Justice Act 2005 (s 3(1) reference). Approved monitoring device is defined by cross-reference: for a youth, under s 5(1) of the Youth Justice Act 2005; otherwise, under s 165 of the Correctional Services Act 2014 (s 3(1)). Approved police monitoring device means a device approved by the Commissioner of Police under s 52B. Supported bail accommodation means a place declared by the Minister by Gazette notice (s 3(1); s 27A(1)(ea)). Domestic violence and domestic violence order take the meanings from the Domestic and Family Violence Act 2007 (s 3(1)). The definition of accused person is extended by s 3(2) to include persons charged, convicted, on appeal, remitted for hearing, or committed under various sentencing and parole provisions.

The Act directly affects anyone accused of an offence in the Northern Territory, including persons charged, convicted and awaiting sentence, those on appeal, and those brought before a court for breaching conditional release or parole orders (s 3(2)). It applies regardless of whether the accused is an adult or a youth (s 4(1)). Police officers are central actors: authorised members must determine bail as soon as practicable after a person becomes entitled to apply (s 16(3)), and decisions can be made by officers of Sergeant rank or higher, or the officer in charge of a police station (s 16(5)). Courts at all levels are affected - the Local Court (including the Youth Justice Court), the Supreme Court (including a single Judge and the Court of Criminal Appeal), and justices of the peace when sitting as a court (ss 3(1), 3AA). Registrars and the sheriff also have roles in receiving undertakings and holding passports (ss 26, 27(3A)). The Director of Public Prosecutions and police prosecutors are key participants, particularly in reviews (ss 33-37) and in applying for stays (s 36A). Victims are affected indirectly: the Act requires decision-makers to consider risks to the safety and welfare of alleged victims, their relatives, and carers (s 24(1)(e)), and prosecutors must inform the court if a victim expresses concern (s 24(6)). For domestic violence matters, the court must inquire about any domestic violence order (s 24B) and consider the alleged victim’s opinion (s 24(7)). Third parties who act as acceptable persons (sureties) have liabilities: they can be required to acknowledge the accused’s responsibility, enter agreements to forfeit money, or deposit security (s 27(2)(b), (d), (f), (h)). They can apply to be discharged from liability (s 31), but cannot do so after a breach. Persons who provide or receive indemnification against forfeiture commit an offence (s 45). The CEO (Youth Justice) and the Commissioner of Correctional Services have responsibilities regarding monitoring orders and custody warrants (ss 27B, 28(5), 31(4), 36(4)-(5)). Probation and parole officers and community youth justice officers may supervise monitoring devices for adult and youth accused respectively (s 27B). The Commissioner of Police may approve police monitoring devices (s 52B). The Minister declares supported bail accommodation (s 27A(1)(ea)). The Act also affects the Territory as the recipient of forfeited amounts (ss 40, 41) and as a potential creditor for costs of damaged monitoring devices (s 38A). Practitioners - defence lawyers, prosecutors, and court administrators - must navigate the detailed criteria, presumptions, and procedural requirements.

The Act imposes distinct duties on decision-makers. An authorised member must, as soon as practicable after a person becomes entitled to apply for bail, determine whether bail should be granted (s 16(3)). The member must inform the person of their right to apply for bail, and as far as practicable ensure the person can communicate with a legal practitioner or someone of their choosing (s 16(2)). The member may refrain from the communication duty only if reasonably necessary to prevent escape of an accomplice or loss of evidence (s 16(4)). In making a bail determination, the authorised member or court must consider the matters listed in s 24(1) - risk to community safety, probability of appearance, interests of the accused (including cognitive impairment, youth, cultural background), risk of interfering with evidence, risk of committing an offence or breach of peace, risk to safety of alleged victim and others, domestic violence risks, and whether a domestic violence order is in force (s 24(1)). For youths, additional criteria apply under s 24A: preserving family relationships, maintaining living arrangements and education/training, considering likely sentence, prior trauma, cognitive capacity and health, and Aboriginal cultural issues (ss 24A(2), (3)). The authorised member or court must also inquire of the prosecutor whether a domestic violence order is in force (s 24B(1)), and may delay determination to ascertain that information or the victim’s opinion on bail (s 24B(2)). The decision-maker must impose conditions that appear necessary to minimise risks to safety or welfare of others or to the proper administration of justice, and the conditions must be reasonably proportionate (s 28(1)-(2)). For youths, conditions must be no more onerous than necessary and must consider the youth’s capacity to comply (s 28(2A)). For certain repeat offenders (s 7A(1)(de), (dea), (df)), the decision-maker must impose a condition requiring a conduct agreement with an electronic monitoring or supported bail accommodation requirement (s 28(2AA)). The court also has a duty to ensure any condition is consistent with an existing domestic violence order (s 28(2B)).

The accused has a right to apply for bail; there is no limit on the number of applications (s 19(1)), though a court may refuse a frivolous or vexatious application (s 19(4)). When bail is granted, the accused is entitled to be released from custody (or from complying with a non-custodial order) until required to appear in accordance with the undertaking (s 7(1)). This entitlement does not apply if the accused is also in custody for another offence for which they are not entitled to bail (s 7(2)). An accused has the right to apply for review of police bail decisions to the Local Court (s 33), and for review of court bail decisions by a differently constituted Local Court or the Supreme Court (ss 34, 35). The review is by way of rehearing, and fresh evidence may be given (s 36(3)). The accused also has the right to apply for bail even if review powers under Part 6 have not been exhausted (s 37). Persons acting as sureties have a right to apply for discharge from liability under their agreement, but only before the accused has breached the undertaking (s 31(5)). The court must on such application issue a warrant or summons for the accused’s appearance, and then must direct discharge unless it would be unjust (s 31(3)).

The Act creates specific criminal offences and enforcement mechanisms for non-compliance. The primary offence is the bail offence under s 37B: a person commits an offence if they are granted bail for an original offence, intentionally engage in conduct, and are reckless as to whether that conduct results in a breach of their bail undertaking (s 37B(1)) or a breach of a condition of bail (s 37B(2)). The maximum penalty is 200 penalty units or imprisonment for two years (s 37B(1), (2)). The penalty must not exceed the maximum penalty for the original offence (s 37B(6)). Strict liability applies to the fact of being granted bail (s 37B(3)). It is a defence if the accused had a reasonable excuse (s 37B(5)). Hearing procedures are specified in ss 37C and 37D - the charge must be heard by the court to which the bail undertaking is given, or by the Supreme Court if that was the relevant court. For the Supreme Court, the charge is heard summarily (s 37D(2)), and no fees or costs orders can be made (ss 37D(6), (7)).

Arrest powers for breach are in s 38. A police officer may arrest without warrant if they believe on reasonable grounds that a person released on bail has failed to comply or is about to fail to comply with their undertaking or agreement (s 38(1)(a)). A Local Court Judge or justice may issue a warrant or summons (s 38(1)(b)). The court before which the person is brought may release on original bail or revoke bail and otherwise deal with the person (s 38(2)). Crucially, revocation is mandatory in two circumstances: (a) if the person was charged with a serious violence offence or an offence against which s 7A applies, was released on bail despite the presumption against bail, and the court finds a breach (s 38(2A)(a)); and (b) if the person has a conduct agreement containing a provision under s 27A(1)(ia) (monitoring device for adults) and breaches that provision (s 38(2A)(b)). After revocation, a court may grant fresh bail in accordance with the Act, or refuse bail and commit the person to custody (s 38(3)).

Forfeiture of money or security is governed by s 40. If the accused fails to comply with the undertaking or a condition, and any person (including the accused) has entered an agreement to forfeit an amount, the court may order that amount forfeited to the Territory (s 40(1)). Deposited security or money may be applied to the forfeited amount (s 40(2)). The court may reduce, confirm, rescind or suspend the forfeiture order on application or on its own motion (s 40(2A)). If the forfeited amount is not paid within 28 days, the court may order imprisonment for a period not exceeding three months, calculated at the prescribed daily rate (s 40(5)-(6)). Service of the full imprisonment term satisfies the forfeiture (s 40(7)); partial service partially satisfies it (s 40(8)). The imprisonment is cumulative on any incomplete sentence for default of payment, but concurrent with other incomplete sentences (s 40(9)). The court has power to cancel or suspend forfeiture at any time (s 41).

Other offences include: making a misleading acknowledgement under s 27(2)(b) - maximum 200 penalty units or two years imprisonment (s 44(1)); indemnifying an acceptable person - both the indemnifier and the indemnified commit an offence, maximum 300 penalty units or three years imprisonment (s 45). Strict liability applies to the element of being granted bail for s 44(1)(a) and to the element of entering into the indemnification agreement for s 45(1)(b) and (3)(b). Additionally, an accused person who destroys or damages an approved monitoring device or approved police monitoring device is liable for the costs of restoring or replacing it, recoverable as a debt to the Territory (s 38A). Importantly, a contravention of the Act by an authorised member is not an offence unless a penalty is expressly provided; however, it may be dealt with under police disciplinary provisions or give rise to civil proceedings (s 52).

The Bail Act is explicitly a comprehensive code. Section 4(2) provides that, except where otherwise expressly provided, the Act applies to the exclusion of any other law in force immediately before its commencement that makes provision for bail. The Act also abolishes all common law powers to grant bail (s 49). The Criminal Code applies to offences against the Act: Part IIAA of the Criminal Code (general principles of criminal responsibility, defences, and burden of proof) applies by virtue of s 5A. Several other statutes are directly cross-referenced. The Domestic and Family Violence Act 2007 supplies definitions of domestic violence and domestic violence order (s 3(1)), and the Act requires decision-makers to consider whether a DVO is in force (s 24(1)(f)), whether release would risk domestic violence (s 24(1)(g), (3)-(3A)), whether that risk can be mitigated by bail conditions or making a DVO (s 24(1)(h)), and to inquire about DVOs (s 24B). The Youth Justice Act 2005 defines ‘youth’, ‘community youth justice officer’, and sets out the Youth Justice Court (s 3AA). The Act applies Part 6AA of the Youth Justice Act to monitoring conditions for youths (s 27B(4)). The Correctional Services Act 2014 provides definitions of probation and parole officer and approved monitoring device, and its Part 4.1 is applied to adult accused with monitoring conditions (s 27B(2)). The Sentencing Act 1995 appears in the definition of ‘accused person’ (s 3(2)) and in s 6(f)-(g) (bail for periods between application/arrest and court appearance for sentencing matters). Section 7A(1)(dg) applies to offences that would breach a suspended sentence order under s 40 of the Sentencing Act. The Local Court (Criminal Procedure) Act 1928 governs appeals that trigger bail periods (s 3 definition of ‘appeal’). The Parole Act 1971 is also referenced: a failure to comply with a parole condition is included in the definition of ‘offence’ (s 3(1)). The Criminal Code contains the serious violence offence definitions (s 3(1) reference) and provisions about separate trials and postponements that extend the meaning of adjournment (s 15). The Supreme Court Act 1979 applies to appeals (s 3 definition) and to costs in bail offence proceedings (s 37D(8) referencing s 51 of that Act). The Customs Act 1901 (Cth) and the Criminal Code (Cth) create offences that trigger the reverse-onus presumption (s 7A(1)(c), (da)). The Police Administration Act 1978 governs arrest procedures (s 16(2)) and can deal with contraventions by police officers (s 52(2)(a)). The Crimes Act 1914 (Cth) is noted in s 24 as requiring consideration when a youth is an Aboriginal person (s 24(1)(b)(iiic) note). The Evidence Act 1939 allows for appearances by communication link (s 33(4) note). The Fines and Penalties (Recovery) Act 2001 applies to enforcement of forfeited bail undertakings (s 40(4)). The Australian Passports Act 2005 (Cth) is relevant to surrender of passports (s 27(3B)). Finally, the Act preserves the writ of habeas corpus (s 43) and does not affect powers to grant bail in contempt proceedings that do not constitute an offence (s 50).

The Act has been amended dozens of times since its commencement in 1983. The transitional provisions in Part 9 record the most significant recent amendments. The Bail Amendment (Repeat Offenders) Act 2005 inserted s 36A (immediate stay and review of bail decisions) and amended ss 7A and 8. The Bail Amendment Act 2015 restructured the presumptions and criteria, applying amendments to charges filed after commencement (s 56) and creating a transitional scheme for offence provisions (s 58). The Bail Amendment Act (No. 2) 2015 expanded conduct agreements (s 27A) to include monitoring and alcohol/drug prohibitions, and amended s 38 for breaches occurring after commencement (ss 60-61). The Bail Amendment Act 2017 added police monitoring devices (s 27A(1)(iaa), (iab)) and approved by the Commissioner (s 52B), with transitional provisions in s 63. The Youth Justice and Related Legislation Amendment Act 2019 inserted s 24A (youth-specific criteria), repealed s 37A, substituted s 37B, and amended ss 7A, 8, 28, 38, applying to any offence where the accused had not been sentenced before commencement (ss 65-67). The Youth Justice Legislation Amendment Act 2021 added ‘serious breach of bail’ concepts (since amended) and updated the prescribed offence regulation, with transitional provisions in ss 69-70. The Bail Amendment Act 2023 narrowed the application of s 7A amendments to offences committed after its commencement (s 71). The Justice Legislation Amendment (Domestic and Family Violence) Act 2023 inserted s 24B and made changes to ss 3, 24, 28 regarding domestic violence, applying to offences alleged after commencement (s 72). The Bail Legislation Amendment Act 2024 (Act No. 16 of 2024) made substantial changes: it restructured s 7A to include new trigger categories (repeat offending within two years, serious violence offence within ten years, breach of suspended sentence, DVO contravention), repealed ss 7B and 8A, amended ss 8 and 28, and introduced supported bail accommodation as a condition under s 27A(1)(ea) (ss 73-75). It also repealed s 37B(4) (transitional for bail offences before its commencement - s 76). The Bail and Youth Justice Legislation Amendment Act 2025 amended ss 7A, 24 and 24A, applying to bail applications made after commencement (s 78) and added s 79 (bail granted by police or Local Court cannot be continued after the person appears before the Supreme Court - must make a new application). Finally, the Bail Amendment Act 2026 inserted s 3AA to clarify references to the Local Court and Youth Justice Court, and made other minor amendments (see endnotes). The numerous transitional Divisions reflect a legislative pattern of responding to judicial interpretation and policy shifts, with each amending Act specifying whether changes apply to pending or new charges, bail applications, or breaches.

The Act does not cite specific case names, but its detailed review provisions indicate an expectation of frequent litigation. Part 6 establishes a tiered review system: decisions made by an authorised member can be reviewed by the Local Court (s 33); decisions of the Local Court can be reviewed by a differently constituted Local Court (s 34) or by the Supreme Court (s 35). Review is by way of rehearing, and fresh evidence can be adduced (s 36(3)). The court may affirm, vary, or substitute a decision (s 36(1)(b)). The Supreme Court’s review power extends to any decision of the Local Court or the Supreme Court (however constituted) (s 35(1)). Section 36A provides an immediate stay when the Crown requests review of a Local Court decision to grant bail - the accused cannot be released until the earlier of the Supreme Court’s decision, the Crown filing notice it will not proceed, or 4pm on the third business day after the decision (s 36A(2)-(4)). This provision, introduced in 2005, is a direct legislative response to perceived gaps in the review system. The ‘high degree of confidence’ test in s 7A(2AB) - requiring the decision-maker to be satisfied, when considering community safety risks in isolation from other factors, that the accused will not commit a prescribed offence or serious violence offence or endanger the community - is a high-threshold formulation likely to be heavily litigated. The mandatory revocation provisions in s 38(2A) remove discretion in specified breach scenarios, which may generate arguments about procedural fairness. The definition of ‘prescribed offence’ (s 3B) includes equivalent offences from other jurisdictions, potentially raising issues of comparability. The requirement that a person who breaches a conduct agreement containing a monitoring provision must have their bail revoked (s 38(2A)(b)) is absolute. The ‘reasonable excuse’ defence to a bail offence (s 37B(5)) is likely to be the subject of judicial interpretation. The s 23A limitation - requiring special or exceptional circumstances for bail pending appeal against conviction on indictment - is a well-established high bar. The s 7A(2AA) paramount consideration of community safety may be argued to override other rights. The Act’s frequent amendment pattern suggests that courts have identified ambiguities or gaps that Parliament has then addressed. For example, the 2024 amendments to s 7A added several new offender categories (two-year recidivist trigger, ten-year serious violence trigger, DVO contravention trigger) which had not previously been captured by the reverse-onus regime. The interplay between the Bail Act and the Domestic and Family Violence Act 2007, particularly the requirement to consider the victim’s opinion (s 24(7)) and to consider whether conditions could mitigate domestic violence risk (s 24(1)(h)), has been developed in practice. While no specific case names are provided in the source, the legislated review structure and the volume of amendments signal that the Act is a frequent subject of judicial consideration in the Northern Territory.

Several provisions create traps for the unwary. First, the reverse onus in s 7A: for listed offences, the accused must satisfy the decision-maker that bail should be granted (s 7A(2)). Even if that burden is met, the decision-maker must have a high degree of confidence, considered in isolation from other criteria, that the accused will not commit a prescribed offence or serious violence offence or endanger the community (s 7A(2AB)). This two-step test is unusually rigorous. Second, the paramount consideration under s 7A(2AA) - risk to community safety under s 24(1)(aa) - must be treated as the most important factor, potentially overriding individual liberty interests. Third, mandatory conditions apply to certain repeat offenders under s 28(2AA): for offences in s 7A(1)(de), (dea) or (df), the decision-maker must impose a conduct agreement with an electronic monitoring or supported bail accommodation condition, unless impracticable. There is no discretion to omit a condition entirely. Fourth, mandatory revocation under s 38(2A): if a person charged with a s 7A or serious violence offence was released on bail despite the presumption against bail and later breaches, the court must revoke bail. Similarly, breach of a monitoring condition under s 27A(1)(ia) triggers mandatory revocation. No assessment of proportionality is permitted. Fifth, the presumption in favour of bail in s 8 does not apply if the accused is serving a sentence of imprisonment for another offence and is likely to remain in custody longer than the period for which bail would be granted (s 8(4)). This can catch accused who are already serving time. Sixth, for appeals against conviction on indictment, s 23A requires special or exceptional circumstances - a very high threshold - before any court can grant bail. This applies even if the appeal has merit. Seventh, the definition of ‘prescribed offence’ in s 3B includes not only offences listed in regulations but also substantially corresponding offences under any other law, including foreign jurisdictions. This can capture conduct that would not be an offence under NT law. Eighth, passport surrender is mandatory for offences punishable by two years or more imprisonment or 85 penalty units, but only when bail is granted by a court (s 27(2)(j)). Practitioners may overlook this. Ninth, the offence of indemnifying a surety (s 45) applies to both the person providing the indemnity and the person receiving it, with a maximum penalty of three years imprisonment. Even an informal promise to cover a forfeiture can constitute an indemnity. Tenth, for youths, a court cannot refuse bail solely because the youth lacks adequate accommodation (s 24A(4)). However, this does not prevent refusal on other grounds, and the provision may be overlooked. Eleventh, the s 36A stay: the Crown can freeze a Local Court grant of bail simply by indicating an intention to seek Supreme Court review, provided the indication is given immediately. The accused remains in custody until 4pm on the third business day unless the Supreme Court decides earlier. The clock can be extended. Twelfth, s 79 (inserted in 2025): if an accused was granted bail by a police officer or the Local Court and later appears before the Supreme Court for that offence, the bail cannot be continued under s 32 - a fresh application must be made. This is easily missed when a matter escalates. Thirteenth, the civil standard of proof (balance of probabilities) applies to all bail decisions other than proceedings for a bail offence (s 46). However, the ‘high degree of confidence’ test in s 7A(2AB) is not a standard of proof but a heightened threshold of satisfaction. Fourteenth, an authorised member may impose a police monitoring condition only if the accused will be required to reside at a specified place and is considered suitable (s 28(3)). For courts, such a condition can be imposed only if the accused was already subject to a police monitoring condition immediately before appearing and the court orders an assessment report (s 28(3A)). These prerequisites can complicate bail planning.

Compliance with the Bail Act requires attention to procedural obligations, evidentiary standards, and the specific presumptions applying to each case. For police officers acting as authorised members, the first step is to determine bail as soon as practicable after the person is charged (s 16(3)). The officer must inform the person of the right to apply for bail and facilitate communication with a legal practitioner or other person, unless a reasonable belief exists that doing so would risk escape of an accomplice or loss of evidence (s 16(2), (4)). The officer must consider the criteria in s 24 (and s 24A if the accused is a youth) - including risk to community safety, probability of appearance, interests of the accused, risks to victims and witnesses, domestic violence, and any existing DVO. For offences listed in s 7A, the officer must not grant bail unless satisfied on the balance of probabilities that bail should be granted and has a high degree of confidence, when considering community safety risks in isolation, that the accused will not reoffend or endanger the community (ss 7A(2), (2AB)). If bail is granted, the officer must impose conditions that are necessary and proportionate (s 28(1)-(2)). For certain repeat offenders under s 7A(1)(de), (dea), (df), the officer must impose a conduct agreement with an electronic monitoring or residential condition (s 28(2AA)). The officer must complete the bail undertaking (s 25), any written conditions (s 27(1)), and ensure the accused (and any surety) receives copies (s 42). The officer must also enter details in the bail register (s 18). If bail is refused, the officer must inform the accused of the right to apply to the Local Court for review (s 33(1)).

For courts, including the Local Court, Youth Justice Court, and Supreme Court, similar criteria apply but with additional procedural layers. The court must apply the correct presumption: for s 7A offences, the reverse onus; for other offences, the presumption in favour of bail unless the decision-maker is satisfied that refusal is justified under the criteria (s 8(2)). The court must treat community safety as the paramount consideration for s 7A offences (s 7A(2AA)). For youths, the court must consider the additional s 24A criteria and must not refuse bail solely for lack of accommodation (s 24A(4)). The court must inquire about any domestic violence order (s 24B(1)) and may delay determination to obtain that information or the alleged victim’s opinion (s 24B(2)). When imposing conditions, the court must ensure they are consistent with any DVO (s 28(2B)). The court must ensure that the accused and any surety receive copies of conditions (s 42). If the court grants bail but the Crown immediately indicates an intention to seek Supreme Court review, the decision is stayed and the accused must not be released (s 36A). The court must schedule review hearings expeditiously. If a person is brought before a court for breach, the court must assess whether mandatory revocation applies under s 38(2A).

For accused persons and their legal representatives, compliance means: (a) understanding which presumption applies to the alleged offence; (b) gathering evidence to satisfy the onus - for s 7A matters, this might include proof of stable accommodation, employment, family support, willingness to submit to monitoring, and lack of prior offending; (c) being prepared to propose conditions that adequately address risks; (d) understanding that failure to appear or breach of conditions can result in a separate bail offence (s 37B), arrest and potential mandatory revocation (s 38), forfeiture of any security (s 40), and possible imprisonment for non-payment (s 40(5)-(6)); (e) ensuring all passports are surrendered if required; (f) not indemnifying any surety; and (g) making a new bail application if appearing before the Supreme Court after having been granted bail by police or the Local Court (s 79).

For sureties or acceptable persons, compliance means: (a) understanding the nature of the agreement - if the accused breaches, the surety may forfeit the agreed amount; (b) never agreeing to be indemnified and never providing an indemnity to another surety (s 45); (c) applying to be discharged from liability under s 31 before any breach occurs; and (d) ensuring the accused complies with all conditions.

For prosecutors and the DPP, compliance involves: (a) providing relevant information to the court, including details of the offence, prior criminal record, any DVO, and any specific risk to victims; (b) informing the court if a victim expresses concern (s 24(6)); (c) requesting review promptly if the Local Court grants bail in a case where the Crown considers it inappropriate, triggering the s 36A stay; and (d) ensuring that in bail offence proceedings the charge is brought in the correct court (s 37C).

Overall, the Act imposes a risk-based, evidence-driven framework. Practitioners should maintain detailed records of the factors considered, the conditions imposed, and the reasons for decisions, as these may be scrutinised on review. The intense legislative activity, particularly from 2015 onward, means that practitioners must constantly verify which version of s 7A and related provisions applies to the conduct in question, using the transitional provisions in Part 9 as a guide.