This section translates the Regulation’s prescriptions into a practical compliance checklist for each primary actor. It references the relevant sections so that actions can be traced to statutory obligations.
For police officers (making bail decisions; police custody)
- Give bail eligibility information in police custody in the approved form (s 10(1)-(2)). Ensure the content covers entitlement to bail or release without bail, show cause/exceptional circumstance requirements if applicable, the four types of unacceptable risk, and the explanation of bail decisions (s 10(1)(a)-(f)).
- Record verifying that bail eligibility information was given: complete a form that contains officer name, police station or hospital location, accused person’s name, description of the offence and date (s 11(1)). Electronic records are permitted (s 11(2)).
- If you make a police bail decision, prepare the record of reasons in the approved form, ensure it is endorsed in the approved way, and immediately send the endorsed form or a copy to the court before which the accused is required to appear (s 12(1)-(2)).
- If an accused person is refused or not released and remains in custody, provide facilities for washing and changing clothing; only accept clothing brought and consented to being searched (s 13).
- If an accused person subject to electronic monitoring is fitted or monitored and you receive notifications from authorised persons, treat such notifications as triggers for enforcement action under the Bail Act and follow internal police procedures (s 31H(1)-(2), note).
For bail authorities and court registry officers
- Ensure bail acknowledgments and notices of hearing are in the approved form and provide the accused with a copy specifying the court and next appearance date and time; these may be included in bail acknowledgment or given separately (s 4(1)-(3)). If proceedings are adjourned, give a notice in the approved form specifying the next appearance (s 4(3), s 40(1)-(2)).
- Include the information listed in s 5 in the bail acknowledgment or give it to the accused, in particular information about the meaning of “bail decision”, who may make bail decisions, rights to review and variation, and how to make applications (s 5(a)-(g)).
- Before entering into a bail security agreement or accepting a deposit, be satisfied as to identity and residential address of the proposed surety or depositor if the authority requires it (ss 22(1), 28(1)). Where a decision identifies acceptable persons or classes of persons, ensure the person matches the decision before entering into an agreement or accepting security (ss 23, 24, 29).
- If accepting deposit of money or security outside court, promptly lodge the money or security and the relevant bail acknowledgment and bail security agreement with the registrar of a court as soon as practicable (s 26).
- When a person is committed to a correctional centre as a consequence of a bail decision, endorse required particulars on the warrant or notify the general manager of the correctional centre of required particulars, including security sufficiency decisions, persons acceptable for bail security or character acknowledgments, and numbers required (s 7(1)-(3)).
- If an accused signs a bail acknowledgment while in custody and all conditions are complied with, immediately notify the general manager of the correctional centre that the person has signed and conditions have been complied with (s 8(2)).
For courts when hearing applications
- When a detention or variation application is received, give notice of the time and place of hearing to the applicant and the accused (ss 18(1), 21(1)). Where notice has already been given by police, the court need not duplicate (ss 18(2), 21(2)). If the accused does not appear but notice can be proved, proceed to hear and determine the application (ss 18(3), 21(3)).
- A court may dispense with giving notice if it is satisfied that the accused is evading service or cannot be contacted, or if the interests of justice demand it (ss 18(4), 21(4)). Record the reasons for dispensing with notice.
- If refusing to entertain a variation application in the Supreme Court, give notice of that decision to the applicant (s 21(5)).
For the Commissioner of Corrective Services and authorised persons
- Approve electronic monitoring systems consistent with s 31C and ensure the list of approved electronic monitoring transmitters is published or otherwise made available to operational partners (s 31A, s 31C). The Regulation leaves the approval standard to the Commissioner.
- When a bail authority imposes an electronic monitoring condition, ensure the Commissioner is notified by email or other electronic means that the accused is subject to an electronic monitoring condition (s 31E). The bail authority must give the accused information about s 31G obligations with the bail acknowledgment (s 31D).
- Ensure accused persons are fitted with transmitters as soon as practicable after they have met other release conditions (s 31F). Put in place staffing, scheduling and mobility arrangements to meet this obligation.
- Authorise persons who will be responsible for monitoring-related activities and communications. Authorised persons must notify NSW Police as soon as practicable about failure to comply with monitoring obligations or unexplained loss of signal (s 31H(1)) and must provide monitoring information to police where monitoring indicates a possible breach (s 31H(2)).
- If a transmitter or related equipment is not functioning effectively, authorised persons must notify police and the accused or their legal representative within 2 days in the way approved by the Commissioner (s 31I(1)-(2)). Ensure approved notification channels are set up and tested.
For prosecutors and the Crown
- Where practicable, make detention applications in writing in the approved form (s 17(1)). Note that a court must not decline to hear an application solely because it is not in writing (s 17(2)).
- File a notice of withdrawal of a detention application with the Local Court when the Crown does not intend to proceed, per s 19.
For sureties and persons giving character acknowledgments
- Expect to be asked for evidence of identity and residential address if a bail authority requires it before accepting someone as an acceptable person for a security requirement or character acknowledgment (ss 22(1), 28(1)).
- Provide character acknowledgments in the approved form and include the period and nature of acquaintance with the accused (s 27). If distance prevents attendance, make arrangements to enter into an agreement or provide the acknowledgment through another bail authority (ss 25, 30).
Administrative and operational checklist for organisations
- Publish or make available approved forms and the criteria used for approvals. The Regulation refers to “approved form” and “approved by the Attorney General” (s 3). Ensure staff have access to the latest approved forms and endorsements.
- Establish written protocols mapping statutory timing phrases (“immediately”, “as soon as practicable”, “within 2 days”) to concrete internal timelines and escalation procedures. For example, define what “immediately” means for court registries in minutes/hours, and define staff roles for “as soon as practicable” actions.
- Implement secure electronic notification channels between bail authorities, the Commissioner, police and correctional centres (s 31E; s 31H(2)). Ensure privacy and data protection steps are in place for transmitting monitoring information.
- Train frontline staff on the requirement to lodge deposited money and security, with documentation, to the registrar as soon as practicable (s 26) and maintain a tracking log of lodged securities and bail security agreements.
- Maintain an auditable record of police reason forms, endorsed as required and sent to the court immediately (s 12). Where forms are electronic, ensure timestamping and archival processes meet court evidentiary expectations.
- For domestic violence and sexual assault matters, ensure informants and victims (or close relatives where the victim died) receive the required notices promptly and that notices of grant specify bail conditions (ss 14, 15).
Where the Regulation defers to approvals or forms, compliance requires proactive retrieval and use of those instruments. Failure to operate with contemporaneous approved forms, timely notifications and proper lodgement may create avenues for challenge or ineffective enforcement. Implementing agencies should coordinate inter-agency memoranda of understanding and SOPs to convert the Regulation’s textual duties into auditable operational practices.