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Section 17 page 14 Bail Amendment Bill 2026 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au disability, for part 4 (Grant of bail)—see section 12A.1 family violence, for part 4 (Grant of bail)—see the Family Violence2 Act 2016, section 8.3 17 Dictionary, definition of grant4 omit5 section 22 (Criteria for granting bail to adults) or section 23 (Criteria6 for granting bail to children)7 substitute8 section 22 (Bail decision—core matters)9 18 Dictionary, new definitions10 insert11 harm includes—12 (a) physical injury; and13 (b) mental injury or emotional suffering (including grief); and14 (c) pregnancy; and15 (d) economic loss; and16 (e) substantial impairment of a person’s legal rights.17 health condition, for part 4 (Grant of bail)—see section 12A.18 legally incompetent person means an adult who is subject to—19 (a) an enduring power of attorney that has become operative; or20 (b) a guardianship order.21

Section 19 Bail Amendment Bill 2026 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au primary victim—1 (a) means a person who suffers harm because of an offence2 committed by an accused person and includes a person who3 suffers harm—4 (i) in the course of, or as a result of, the commission of the5 offence; or6 (ii) as a result of witnessing the offence; or7 (iii) in the course of assisting a police officer in the exercise of8 the officer’s power to arrest the accused person or to take9 action to prevent the commission of the offence; but10 (b) does not include the accused person.11 19 Dictionary, definition of undertaking to appear12 omit13 20 Dictionary, definition of victim14 substitute15 victim, of an offence by an accused person—16 (a) means—17 (i) a primary victim; or18 (ii) a family member, of the primary victim, who suffers harm19 because of the harm to the primary victim; or20 (iii) a person who is financially or psychologically dependent21 on the primary victim, and who suffers harm because of22 the harm to the primary victim; or23 (iv) if a primary victim dies because of the commission of the24 offence—25 (A) a close family member of the primary victim; or26

Section 21 page 16 Bail Amendment Bill 2026 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (B) a carer of the primary victim; or1 (C) a person with an intimate personal relationship with2 the primary victim; or3 (D) a person who was financially or psychologically4 dependent on the primary victim immediately before5 their death; or6 (v) a person with parental responsibility for a person7 mentioned in subparagraphs (i) to (iv); or8 (vi) if a person mentioned in subparagraphs (i) to (iv) is a9 legally incompetent person—10 (A) a legally appointed guardian for the person; or11 (B) an attorney, appointed under an enduring power of12 attorney that has become operative, for the legally13 incompetent person; but14 (b) does not include the accused person.15 21 Dictionary, new definition of victim representative16 insert17 victim representative means—18 (a) a person with parental responsibility for a victim; or19 (b) for a victim who is a legally incompetent person—20 (i) a legally appointed guardian for the person; or21 (ii) an attorney, appointed under an enduring power of22 attorney that has become operative, for the legally23 incompetent person; or24