J2025-1234
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
2026
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Attorney-General)
Bail Amendment Bill 2026
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Section 9A (2) etc 2
5 Section 12A heading 2
6 Section 12A, new definitions 3
7 Deciding of questions of bail by authorised officers
New section 15 (1A) 3
8 Section 15 (3) (b) 3
9 Court bail—general
New section 19 (2A) 3
10 Sections 22 to 23A 4
Contents
Page
contents 2 Bail Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
11 Section 28 heading 12
12 Right of review of bail decisions—prosecution
Section 44 (6), definition of family violence offence 13
13 Notice to victim of bail decisions
Section 47A (2) 13
14 Section 47A (3) 13
15 Dictionary, definition of applicable bail criteria, paragraphs (c) and (d) 13
16 Dictionary, new definitions 13
17 Dictionary, definition of grant 14
18 Dictionary, new definitions 14
19 Dictionary, definition of undertaking to appear 15
20 Dictionary, definition of victim 15
21 Dictionary, new definition of victim representative 16
22 Further amendments, mentions of an undertaking to appear etc 17
Schedule 1 Consequential amendments 19
Part 1.1 Family Violence Act 2016 19
Part 1.2 Victims of Crime Act 1994 19
J2025-1234
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
2026
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY
(As presented)
(Attorney-General)
Bail Amendment Bill 2026
A Bill for
An Act to amend the Bail Act 1992, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Section 1
page 2 Bail Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of Act1
This Act is the Bail Amendment Act 2026.2
2 Commencement3
This Act commences 6 months after its notification day.4
Note The naming and commencement provisions automatically commence on5
the notification day (see Legislation Act, s 75 (1)).6
3 Legislation amended7
This Act amends the Bail Act 1992.8
Note This Act also amends other legislation (see sch 1).9
4 Section 9A (2) etc10
omit everything after11
considering12
substitute13
the matters in section 22 (Bail decision—core matters).14
in15
• section 9A (2)16
• section 9C (3)17
• section 9D (3)18
• section 9F (3)19
5 Section 12A heading20
substitute21
12A Definitions—pt 422
Section 6
Bail Amendment Bill 2026 page 3
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6 Section 12A, new definitions1
insert2
child welfare law—see the Children and Young People Act 2008,3
section 640.4
disability includes a physical, intellectual or cognitive impairment.5
family violence—see the Family Violence Act 2016, section 8.6
health condition means a physical or mental illness.7
7 Deciding of questions of bail by authorised officers8
New section 15 (1A)9
insert10
(1A) The informant must give the authorised officer information about11
whether a family violence order has been made under the Family12
Violence Act 2016 against an accused person.13
8 Section 15 (3) (b)14
omit15
section 9F (2), section 22 or section 2316
substitute17
section 9F (2) or section 2218
9 Court bail—general19
New section 19 (2A)20
insert21
(2A) The informant must give the court information about whether a22
family violence order has been made under the Family Violence23
Act 2016 against the accused person.24
Section 10
page 4 Bail Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
10 Sections 22 to 23A1
substitute2
22 Bail decision—core matters3
(1) In making a decision about the grant of bail to an adult in relation to4
an offence, a court or authorised officer must consider the following5
matters:6
(a) the likelihood of the adult appearing in court in relation to the7
offence;8
(b) the likelihood of the adult, while released on bail—9
(i) committing an offence; or10
(ii) harassing or endangering the safety or welfare of anyone;11
or12
(iii) interfering with evidence, intimidating a witness or13
otherwise obstructing the course of justice in relation to14
the adult or anyone else;15
(c) the interests of the adult.16
(2) In making a decision about the grant of bail to a child in relation to17
an offence, a court or authorised officer must consider the following18
matters:19
(a) as a primary consideration, the best interests of the child;20
(b) the likelihood of the child appearing in court in relation to the21
offence;22
(c) the likelihood of the child, while released on bail—23
(i) committing an offence; or24
(ii) harassing or endangering the safety or welfare of anyone;25
or26
Section 10
Bail Amendment Bill 2026 page 5
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(iii) interfering with evidence, intimidating a witness or1
otherwise obstructing the course of justice in relation to2
the child or anyone else.3
(3) Also, if the adult or child is convicted of an indictable offence, or the4
elements of an indictable offence are proven in relation to them, but5
they have not been sentenced for the offence, a court must consider6
the likelihood of the person being given a sentence of imprisonment.7
(4) In subsections (1) (b) (i) and (2) (c) (i):8
offence includes an offence against a law of the Commonwealth,9
a State or another Territory.10
22A Bail assessment—relevant factors generally11
In considering the matters in section 22 in relation to a person for an12
offence, the court or authorised officer must consider any matter the13
court or officer considers relevant to those matters, including the14
following:15
(a) the nature and seriousness of the offence;16
(b) the person’s character, background and community ties;17
(c) the likely effect of a refusal of bail on the person’s family or18
dependants;19
(d) the person’s history of compliance with the following:20
(i) bail undertakings;21
(ii) bail conditions;22
(iii) any other orders of an Australian court;23
(e) the strength of the case against the person;24
(f) the person’s need for physical protection;25
Section 10
page 6 Bail Amendment Bill 2026
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(g) the period that the person may be held in custody if bail is1
refused, and the conditions under which the person would be2
held;3
(h) whether the person was released on bail at the time of the4
offence;5
(i) the behaviour of the person towards a primary victim of the6
offence, or a family member of a primary victim;7
(j) whether the offence is a family violence offence;8
(k) the likelihood of the person using family violence if released on9
bail and how to manage any risk of the person using family10
violence.11
Examples—par (k)12
1 a bail condition under pt 513
2 an order under the Family Violence Act 2016, s 112 (Court-initiated14
interim orders)15
22B Bail assessment—relevant factors for Aboriginal or16
Torres Strait Islander people17
(1) In considering the matters in section 22 in relation to an Aboriginal18
or Torres Strait Islander person for an offence, the court or authorised19
officer must consider the following:20
(a) the risk of harm that custody may pose to the person as an21
Aboriginal or Torres Strait Islander person;22
(b) the likely effect of being held in custody on the person’s ability23
to maintain their connections to culture, family, Elders,24
communities and Country;25
(c) any relevant matter in the person’s history, culture or26
circumstances, including the ongoing effect of any of the27
following:28
(i) trauma, including inter-generational trauma, abuse,29
neglect, loss or family violence;30
Section 10
Bail Amendment Bill 2026 page 7
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(ii) being dealt with under a child welfare law;1
(iii) social or economic disadvantage, including homelessness2
or unstable housing arrangements;3
(d) if the person has carer responsibilities, including as a parent or4
guardian of an Aboriginal or Torres Strait Islander child—5
the effect of bail conditions or custody on—6
(i) the person’s ability to discharge their responsibilities; and7
(ii) the person being cared for;8
(e) any other significant cultural issue or obligation.9
(2) In considering the matters mentioned in subsection (1), proof is not10
required to establish the following:11
(a) Aboriginal and Torres Strait Islander people have experienced12
harm in custody at a disproportionately higher level than other13
members of the population;14
(b) it is in the interests of an Aboriginal or Torres Strait Islander15
person to be able to maintain connections to their culture,16
family, Elders, communities and Country.17
(3) In this section:18
Aboriginal or Torres Strait Islander person means a person who—19
(a) is a descendant of an Aboriginal person or a Torres Strait20
Islander person; and21
(b) identifies as an Aboriginal person or a Torres Strait Islander22
person; and23
(c) is accepted as an Aboriginal person or a Torres Strait Islander24
person by an Aboriginal community or Torres Strait Islander25
community.26
Section 10
page 8 Bail Amendment Bill 2026
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22C Bail assessment—relevant factors for people with1
disability or health condition2
In considering the matters in section 22 in relation to a person for an3
offence, if the person has a disability or health condition, the court or4
authorised officer must consider the following:5
(a) the treatment and support required to manage the disability or6
health condition;7
(b) the effect of the disability or health condition on the person’s8
ability to—9
(i) understand their rights and obligations; and10
(ii) make decisions; and11
(iii) communicate decisions; and12
(iv) represent their interests.13
22D Bail assessment—relevant factors for children14
(1) In considering the matters in section 22 in relation to a child for an15
offence, the court or authorised officer must consider the following:16
(a) the principles in the Children and Young People Act 2008,17
section 94 (Youth justice principles);18
(b) if the decision is being made by a court and a report has been19
given to the court under the Court Procedures Act 2004,20
section 74D (Court may order report about young person) in21
relation to the child—the report;22
(c) the child’s age, maturity and developmental capacity at the time23
of the offence;24
(d) the need to impose only the least onerous necessary bail25
conditions in the circumstances;26
Section 10
Bail Amendment Bill 2026 page 9
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(e) the importance of preserving and strengthening the child’s1
relationships with the following:2
(i) the child’s parents, guardians and carers;3
(ii) any other person who is significant to the child;4
(f) the importance of supporting the child to live in safe, stable and5
secure living arrangements in the community;6
(g) whether the child is receiving, or is likely to receive, therapeutic7
support services;8
(h) the need to support the child’s education, training or lawful9
employment without unnecessary interruption;10
(i) the need to reduce the stigma associated with being remanded in11
custody;12
(j) the need to manage and reduce the effects of custody on13
children, including—14
(i) a higher likelihood of future involvement with the criminal15
justice system; and16
(ii) a higher likelihood of harm;17
(k) if the child is found guilty of the offence—18
(i) the likelihood that the child will be sentenced to a term of19
imprisonment; and20
(ii) the likely length of that sentence;21
(l) the ongoing effect of any of the following that apply to the child:22
(i) a health condition;23
(ii) a disability;24
(iii) trauma, abuse, neglect, loss or family violence;25
(iv) being dealt with under a child welfare law.26
Section 10
page 10 Bail Amendment Bill 2026
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(2) In considering the matters mentioned in subsection (1), proof is not1
required to establish that the following are in the best interests of a2
child:3
(a) avoidance, when not necessary in the circumstances, of custody4
or onerous bail conditions;5
(b) preservation and strengthening of supportive relationships6
between the child and any of the following:7
(i) the child’s parents, guardians and carers;8
(ii) people who are significant to the child;9
(c) safe, stable and secure living arrangements in the community;10
(d) continuation of education, vocational training or lawful11
employment;12
(e) avoidance of stigma associated with being remanded in custody.13
23 Bail assessment—relevant factors for pregnant people14
etc15
In considering the matters in section 22 in relation to a pregnant16
person for an offence, the court or authorised officer must consider17
the following:18
(a) the likely effect of custody on the person;19
(b) the likely effect of custody on the unborn child after they are20
born;21
(c) the likely effect of complying with bail conditions on the person.22
Section 10
Bail Amendment Bill 2026 page 11
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23A Victim’s concern about need for protection etc1
(1) If a court or authorised officer is considering whether to grant bail to2
an accused person—3
(a) a victim may express concern about the need for protection from4
violence or harassment by the accused person to a relevant5
justice agency; and6
(b) a primary victim may give any other information about the7
accused person to a relevant justice agency.8
(2) If a court is considering whether to grant bail to an accused person—9
(a) the prosecutor—10
(i) if aware that the victim has expressed a concern about a11
need for the victim’s protection—may make a submission12
to the court about the concern; but13
(ii) if aware that the victim has expressed that the court should14
be informed about the concern—must make the15
submission; and16
(b) the prosecutor may make any further submission about17
information they are aware was given under subsection (1) (b)18
that relates to a matter in section 22; and19
(c) the court must receive any submission and—20
(i) in relation to a concern about the need for protection—21
consider the submission in the context of the matter22
mentioned in section 22 (1) (b) or (2) (c); or23
(ii) in relation to information given under subsection (1) (b)—24
consider the submission in the context of section 22.25
Section 11
page 12 Bail Amendment Bill 2026
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(3) If an authorised officer is considering whether to grant bail to an1
accused person and is aware of a concern expressed or information2
given under subsection (1), the officer must—3
(a) for a concern about the need for protection—consider the4
concern in the context of the matters mentioned in section 9F5
(Family violence offence—bail by authorised officer) and6
section 22 (1) (b) or (2) (c); or7
(b) for information given under subsection (1) (b)—consider the8
information in the context of section 9F and section 22.9
(4) A victim representative may represent a primary victim’s concerns or10
give information for them to a relevant justice agency under this11
section.12
(5) In this section:13
personal violence—see the Personal Violence Act 2016, section 8.14
relevant justice agency means either of the following:15
(a) the chief police officer;16
(b) the director of public prosecutions.17
violence or harassment includes—18
(a) family violence; and19
(b) personal violence; and20
(c) violence against, or harassment of, a victim’s family members21
or pets.22
11 Section 28 heading23
substitute24
28 Bail undertakings25
Section 12
Bail Amendment Bill 2026 page 13
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12 Right of review of bail decisions—prosecution1
Section 44 (6), definition of family violence offence2
omit3
13 Notice to victim of bail decisions4
Section 47A (2)5
omit6
a police officer assigned to liaise with victims of crime7
substitute8
a police officer or staff member of the Australian Federal Police9
whose functions include victim liaison10
14 Section 47A (3)11
omit12
(or, if the victim is a child, a person who has parental responsibility13
for the child)14
substitute15
or victim representative16
15 Dictionary, definition of applicable bail criteria,17
paragraphs (c) and (d)18
substitute19
(c) section 22 (Bail decision—core matters).20
16 Dictionary, new definitions21
insert22
bail undertaking means an undertaking under section 28 (1).23
child welfare law, for part 4 (Grant of bail)—see the Children and24
Young People Act 2008, section 640.25