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.