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Bail Act 1992
16Notification of decision of authorised officer
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16 Notification of decision of authorised officer
(1) If an authorised officer decides—
(a) to refuse to grant bail to an accused person; or
(b) to grant bail to an accused person subject to 1 or more bail
conditions;
the authorised officer must inform the accused person—
(c) of his or her decision; and
(d) the right of the accused person to request a review of the
decision under section 38; and
(e) if bail is refused—that the person is entitled to communicate
with a lawyer; and
(f) if the person would be granted bail subject to 1 or more bail
conditions and that bail condition, or those bail conditions, are
such that the person is unable or unwilling to comply, or to
arrange for compliance, with them—that the person is entitled
to communicate with a lawyer.
(2) An authorised officer must, on being requested to do so by an accused
person in relation to whom the authorised officer has made a decision
of the kind referred to in subsection (1) (a) or (b), provide the person
with reasonable facilities to communicate with a lawyer.
(3) An authorised officer who refuses to grant bail to an accused person
need not comply with subsection (1) (e) or (f) and subsection (2) if
the authorised officer believes on reasonable grounds that
non-compliance is necessary to prevent—
(a) the escape of an accomplice of the accused person; or
(b) the loss, destruction or falsification of evidence relating to the
(4) If an authorised officer does not comply with subsection (1) (e) or (f)
and subsection (2) for a reason mentioned in subsection (3), the
authorised officer must record the reason.
(5) If an authorised officer decides to grant bail to an accused person, or
is notified that bail has been granted to an accused person, in relation
to a family violence offence, the officer must take reasonable steps to
tell each protected person, as soon as practicable, about the decision
and, if the accused person is granted bail subject to a bail condition,
about the condition.
(6) If an authorised officer decides not to grant bail to an accused person
in relation to a family violence offence, the officer must tell each
protected person about the decision.
(7) In this section:
protected person, in relation to a family violence offence, means—
(a) if the conduct making up the offence was directed at a child—a
person with parental responsibility for the child; or
(b) if the conduct making up the offence was directed at someone
else—the person at whom the conduct was directed.