Bail Regulation 2021

The Regulation organises its controls around a small number of recurring concepts that map to mechanics of bail administration. Each concept is defined, constrained and given procedural effect in specific clauses.

• Approved/approved form (s 3, multiple provisions). Approved means approved by the Attorney General for the purposes of the provision in which the expression occurs. The Regulation repeatedly requires documents and notices to be “in the approved form”, so the form content is not in the text but delegated to the Attorney General’s approval process (see e.g. ss 4(1), 5, 10(2), 11(2), 12(1), 27(2), 6, 40(2)). This creates a central mechanism by which procedures can be specified outside the Regulation text.
• Bail authority and appropriate officer (s 3(2), ss 9, 42, 43). The Regulation clarifies which officials may exercise administrative bail functions: court registry officers authorised by the Attorney General and police officers with power to grant bail are prescribed for bail-acknowledgment functions (s 9). It also identifies additional appropriate officers (including those from other States via arrangement) for specified functions (s 42).
• Bail acknowledgments, notices and records (ss 4-6, 11-12). The text prescribes where and how notices and acknowledgments are to be given, the information that must be included (notably s 5 sets out required information about review, variation and the meaning of bail decision), and the record-keeping duties for police who make bail decisions (s 12) and those who give bail eligibility information (s 11).
• Security requirements (ss 22-26, 32-34). The Regulation prescribes verification steps before accepting persons as acceptable sureties or accepting security, rules for deposit and lodging of money/security with court registrars (s 26), and the form and content requirements for procedures such as arrest warrants related to security and revocation notices (ss 33-34).
• Character acknowledgments (ss 27-30). The character acknowledgment is given statutory content (period and nature of acquaintance) and must be in an approved form; bail authorities must verify identity and residential address of persons giving such acknowledgments where necessary (s 28).
• Electronic monitoring regime for serious domestic violence offences (ss 31A-31I). This division introduces operational duties: Commissioner-approved monitoring systems (s 31C), bail authorities must give accused persons information and notify the Commissioner (ss 31D-31E), the Commissioner must fit transmitters as soon as practicable after release (s 31F), the accused has detailed compliance obligations (s 31G) and authorised persons must notify police about non-compliance or technical failure, with specified timelines (ss 31H-31I). The division applies only to EM under the Act, s 28B for serious domestic violence offences (s 31B).
• Forfeiture administration (Part 5 Div 2). The Regulation assigns which State authority is the appropriate entity to receive notices and to act in relation to particular forfeiture orders (s 35), and prescribes the content and required accompanying documents for notices and objections (ss 36-39).

Across these concepts the Regulation creates administrative chains and documentary proof: where decisions are taken, what records must be made and transmitted, and the identity of the officials who may act. It sets timelines or qualifiers in a number of places, for example “immediately notify” (s 8 and s 14), “as soon as practicable” (ss 12(2), 31F, 31H), and “within 2 days” for certain electronic monitoring failure-notices (s 31I(2)). Those time qualifiers indicate expectations but sometimes leave specifics (what counts as “immediately” or “as soon as practicable”) to operational interpretation.

The Regulation allocates duties and affects the operations of a discrete set of actors in the criminal justice administration. Each actor’s obligations are identified in the text.

• Accused persons: must follow prescribed processes for release, variation and conditions of electronic monitoring if imposed. When asked to provide acknowledgments or accept security, accused persons’ release depends on compliance with verification and form requirements (see ss 16, 22-30, 31G). Accused persons are also the recipients of notices (ss 4, 6, 18, 21, 34).
• Police officers: multiple provisions prescribe what police must do. Police officers with power to grant bail are prescribed as appropriate officers for bail acknowledgment functions (s 9). Police in custody must give bail eligibility information in approved form to persons charged (s 10), keep records verifying that information was given (s 11), and make contemporaneous records of reasons when they make bail decisions, and immediately send endorsed forms to the court (s 12). Police are also prescribed as the recipients of reporting from authorised persons under the electronic monitoring division (s 31H) and are given enforcement authority under the Act (referenced in notes).
• Courts and court staff: courts must ensure notices and warrants are in approved form, give notice of hearings (s 4, s 18, s 21), accept and lodge documents such as bail acknowledgments and security (s 26), and notify correctional centre managers where applicable (s 7). Court registrars are the primary recipients for lodgement of deposited money or securities (s 26).
• Bail authorities and authorised officers in courts: must give bail acknowledgments, accept signed acknowledgments and other notices, and satisfy themselves as to identity and sufficiency of security or character acknowledgments before entering bail security agreements (ss 4, 5, 22-25, 27-29). The Regulation prescribes that an “officer of the Department of Communities and Justice employed in a court registry, or authorised by the Attorney General” may exercise certain bail acknowledgement functions where the decision is made by a court (s 9(1)(a)).
• Commissioner of Corrective Services and authorised persons: the Commissioner approves electronic monitoring systems (s 31C), must ensure fitting of transmitters as soon as practicable after conditions of release are met (s 31F), and may authorise persons to carry out monitoring-related activities (s 31A). Authorised persons have notification duties to police and must notify accused persons or their lawyers of equipment failure (s 31I).
• General managers of correctional centres: receive endorsements or notifications about orders where a person is committed (s 7), must be notified immediately when an accused in custody subsequently gives a bail acknowledgment and complies with conditions (s 8), and receive other administrative notifications.
• Prosecutors and the Crown: prosecutors are required to make detention applications in writing where practicable and to follow notice rules; the Regulation also identifies where the Crown may file a notice withdrawing a detention application with the Local Court (s 17, s 19). Part 5 allocates responsibility to particular State authorities for forfeiture orders (s 35).
• Persons asked to act as sureties or to provide character acknowledgments: must satisfy identity and address verification requirements where a bail authority so requires (ss 22, 28). Those persons may be able to enter agreements with another bail authority or deposit security with another authority if they cannot attend in person (ss 25, 30).

Who pays: the Regulation assigns responsibilities (for example, Commissioner must “ensure” fitting of transmitters, s 31F), but it does not specify funding. Costs associated with administrative actions (forms production, electronic monitoring systems, staff time) are not explicitly allocated in the text; implementation will therefore implicate the budgets of the agencies tasked with the duties set out here (courts, NSW Police, Corrective Services, Department of Communities and Justice).

The Regulation also affects inter-jurisdictional arrangements. A NSW court may make arrangements with courts of other States or Territories to exercise certain NSW court functions (s 42). That allows cross-border operationalisation of bail security acceptance and requires administrative coordination between courts.

The Regulation sets out specific duties for officials and procedural rights for accused persons and persons affected by bail-related orders. These are concrete obligations grounded in the text.

Duties of police and court officers

• Give bail eligibility information in police custody (s 10(1)) in the approved form (s 10(2)), and keep a record verifying that the information was given that contains the officer’s name, location, accused’s name, description of the offence and date (s 11(1)). The record may be electronic (s 11(2)).
• Make a record of the reasons when making a bail decision (s 12(1)), ensure the form is endorsed in the approved way, and send that (or a copy) immediately to the court (s 12(2)).
• Provide facilities for washing and clothing for accused persons not released (s 13(1)-(2)). The duty to provide clothing only arises if clothing is brought to the station and consent is given to search (s 13(2)).

Duties of bail authorities and courts

• Include prescribed information about review and variation rights and the meaning of bail decision in bail acknowledgment or material given to accused persons (s 5).
• When an accused person is committed to a correctional centre as a consequence of a bail decision, the court or person issuing the warrant must cause required particulars to be endorsed on the warrant or otherwise notify the general manager of the correctional centre (s 7(1)-(2)). The required particulars include grant/refusal, conditions, decisions as to acceptable security and acceptable persons and numbers for security/character acknowledgments (s 7(3)).
• Where an accused person held in custody subsequently signs a bail acknowledgment and complies with all bail conditions, the bail authority must immediately notify the general manager of the correctional centre that the person has signed and conditions have been complied with (s 8(2)).
• Refuse to accept bail security agreements or character acknowledgments until satisfied as to identity and residential address where the bail authority requires verification (ss 22(1), 28(1)). A bail authority must not enter into a bail security agreement unless a decision has been made as to acceptable persons or classes and the person meets that decision (ss 23-24, 29).

Duties linked to electronic monitoring (serious domestic violence offences)

• The Commissioner approves electronic monitoring systems (s 31C) and authorised persons may be appointed (s 31A).
• A bail authority that imposes an electronic monitoring condition must give information about obligations under s 31G to the accused with the bail acknowledgment (s 31D) and must notify the Commissioner by email or other electronic means (s 31E).
• The Commissioner must ensure a transmitter is fitted as soon as practicable after other release conditions are met (s 31F).
• An accused must submit to fitting and comply with an enumerated list of obligations (s 31G(1)-(2)). Failure to comply is handled under the Act, Part 8 as a breach (note at end of s 31G).
• Authorised persons must notify NSW Police as soon as practicable about non-compliance with obligations or unexplained loss of signal (s 31H(1)), and give police monitoring information if monitoring suggests a breach (s 31H(2)). If an authorised person determines that monitoring equipment is not functioning effectively, the authorised person must give notice to police and the accused or their legal representative within 2 days and in the way approved by the Commissioner (s 31I(1)-(2)).

Rights, procedural protections and information entitlements

• Accused persons must be given notice of the court and next appearance time when a bail decision requires an appearance; this may be included in bail acknowledgment (s 4(1)) and if proceedings are adjourned the court must give an approved form notice specifying the next appearance (s 4(3)).
• An accused person is to be given information about review and variation procedures and persons who may make bail applications (s 5).
• For domestic violence offences, the informant must be given immediate notice of bail decisions unless the informant is a police officer (s 14(1)). Notices of grant must specify bail conditions (s 14(4)).
• Where bail is dispensed with and proceedings are adjourned, an approved-form notice of the next appearance must be given to the person (s 40).

Procedural detail for objections, forfeiture and revocation

• Written notices concerning revocation of bail on the ground security is no longer intact must contain enumerated particulars and accompany a copy of the bail security agreement (s 34(1)-(2)).
• For forfeiture orders, the Regulation prescribes the appropriate State authority for particular circumstances (s 35), the required content of notices to persons affected and the necessary accompanying copies of agreements (ss 36-39), and the method for giving notices of objections (ss 37-38).

Many duties are framed as “must” or “must be in the approved form”, creating mandatory compliance points. Rights are primarily procedural: receipt of information, notices and the ability to make or be notified of applications and objections. The Regulation delegates substantial content to approved forms and authorisations by Attorney General and Commissioner, compressing discretion into those executive approvals.

The Regulation itself focuses on administrative and procedural requirements and does not create substantive new criminal offences or schedule monetary penalties. Enforcement and sanctioning mechanisms are largely referenced to the Bail Act 2013 and existing police or court powers. The Regulation’s enforcement architecture appears as follows.

Statutory enforcement of bail conditions

• Breach of bail conditions, including electronic monitoring obligations, is to be dealt with under the Bail Act 2013, Part 8. The Regulation explicitly notes that failure to comply with obligations under s 31G may be dealt with under the Act, Part 8 (note following s 31G). The Act sets out arrest powers and breach procedures, not the Regulation.

Administrative enforcement, notices and consequences

• The Regulation prescribes mandatory notification steps that feed into enforcement: for example, authorised persons must notify NSW Police of non-compliance with electronic monitoring obligations and provide monitoring information where monitoring indicates a possible breach (s 31H(1)-(2)). Police are thereby informed and may exercise powers under the Act.
• Where security is no longer intact, courts must give written notice that sets out the proposed revocation date and options to demonstrate the security remains intact or to arrange replacement security; the notice must be accompanied by the bail security agreement (s 34). Following that process, the court can proceed to revoke bail under the Act. The Regulation prescribes the content and process but not the outcome.
• Forfeiture orders are administered through appropriate State authorities identified in s 35. The Regulation prescribes notice content and the procedure for objections (ss 36-38). Forfeiture itself is implemented under the Act and Schedule 2; the Regulation prescribes the administrative steps to facilitate confirmation, objection and effect.

Procedural compliance obligations with timing and form

• Several duties require immediate notification or action “as soon as practicable” and in some cases a specified timeframe: for equipment failures, authorised persons must give notice within 2 days (s 31I(2)). Non-compliance with these procedural duties could generate administrative review or challenge, and in practice may influence enforcement decisions by police or courts, but the Regulation does not specify civil or criminal penalties for failing to comply with the administrative notifications themselves.

Prescribed actors and delegation

• The Regulation prescribes which State entities will receive and act in relation to enforcement-related documents (s 35). That delegation determines which officials can initiate forfeiture and related enforcement steps: Commissioner of Police, Director of Public Prosecutions or the public authority concerned as enumerated.

What the Regulation does not do

• It does not specify fines, imprisonment or civil penalties for breaches of the Regulation’s administrative obligations. It does not set out the substantive arrest powers or penalty scales; those remain in the Act and other legislation.
• It does not specify funding for enforcement activities or for costs of electronic monitoring. It requires the Commissioner to ensure fitting (s 31F) but leaves cost and procurement arrangements to agencies.

Implementation and enforcement risk

• Enforcement of bail conditions relies on proper operationalisation of the administrative duties (timely notices, approved forms, functioning monitoring equipment). Where the Regulation delegates form and approval to the Attorney General or Commissioner (s 3, s 31C) a failure to publish or apply approved forms or approvals consistently could materially impair the enforcement chain (e.g. police not receiving monitoring information in a usable format or courts not receiving properly endorsed reasons for police bail decisions).
• The time qualifiers used by the Regulation (“immediately”, “as soon as practicable”, “within 2 days”) leave room for operational dispute. For policing and judicial actors, that will require internal protocols to map the Regulation’s obligations into measurable timelines.

In sum, the Regulation allocates procedural duties and creates the administrative scaffolding for enforcement under the Bail Act, but the Regulation does not itself create or quantify penalties. Enforcement action for breaches of bail conditions is to proceed under the Bail Act, with the Regulation specifying the documentary and notification processes for such enforcement.

The Regulation is expressly tethered to the Bail Act 2013 and cross-references multiple other statutes and instruments. Its operative interaction points are administrative, definitional and procedural.

Primary statutory anchor

• The Regulation operates under and for the purposes of the Bail Act 2013. Throughout the text, duties are framed as “for the purposes of the Act, s [x]”, and many provisions are direct procedural implementations of Act sections (for example ss 4, 5, 10, 19, 34). The Regulation therefore lacks standalone substantive provisions; it supports, clarifies and prescribes forms and processes necessary to give effect to the Act.

Cross-references and incorporated regimes

• Crimes (Domestic and Personal Violence) Act 2007: The Regulation imports definitions (domestic violence offence, informant, domestic relationship, personal violence offence) and frames notification duties for domestic and personal violence cases with that Act in mind (see s 3 definitions and ss 14-15).
• Crimes Act 1900: The definition of sexual assault offence used for notification duties refers to the Crimes Act 1900, Part 3, Division 10 offences (s 15(4)).
• Children’s Court, Children (Detention Centres) Act 1987: The Regulation prescribes arrests and defines appropriate officers within juvenile justice contexts, including that proceedings under Children (Detention Centres) Act for failure to comply with parole obligations are prescribed as proceedings for the administration of sentence for the purposes of the Act’s Schedule 1 (s 9A), and prescribes certain detention centre staff as appropriate officers (s 43).
• Subordinate Legislation Act 1989: The Commencement note (s 2) explains that the Regulation repeals and replaces the Bail Regulation 2014, which would otherwise have been repealed under the Subordinate Legislation Act, s 10(2).
• Justices of the Peace Act 2002, Local Government Act 1993, etc.: The Regulation refers to definitions in other Acts when prescribing appropriate officers and public authorities (s 35, s 43).

Inter-jurisdictional arrangements

• The Regulation allows NSW courts to make arrangements with courts in other States or Territories to accept character acknowledgments, enter bail security agreements and accept deposits, and treats acts done by another State court under an arrangement as if done by the NSW court (s 42). That enables cross-border operationalisation of bail administration but requires procedural agreements.

Delegation and approval mechanisms

• The Regulation delegates substantial specification of forms and technical standards to the Attorney General and Commissioner. “Approved” forms and “approved electronic monitoring systems” are expressly left to their respective approvers (s 3 definition of approved; s 31C). This creates dependencies between the Regulation and administrative instruments that are not contained in the statutory text itself, so effective interaction with other laws requires those approvals to be published or otherwise accessible.

Relationship to the Bail Act’s enforcement and remedy provisions

• The Regulation does not itself create enforcement penalties but implements processes that trigger or feed into the Bail Act’s enforcement mechanisms, such as breach procedures under Part 8 of the Act (note following s 31G; see other cross-references). Revocation, forfeiture and objection processes described in the Regulation dovetail into prescribed Act procedures (see ss 34, 35-39).

Transitional interactions

• The Regulation repeals the Bail Regulation 2014 and carries over existing effect (s 44). It also contains a transitional provision clarifying that amendments made to the Act by the Bail Amendment Act 2022 apply to any bail decision made after commencement of that Act (s 45). Thus it ensures continuity while signalling where new Act amendments operate.

Interaction risks and points requiring coordination

• Because the Regulation relies on approved forms and approvals external to the text, practical operation requires the Attorney General and Commissioner to make available the relevant instruments. Absent accessible forms or published approvals, compliance may be difficult for police, courts and alleged offenders.
• Inter-agency data and communication protocols are implicated by requirements to notify the Commissioner by email or other electronic means (s 31E) and to provide monitoring data to police (s 31H). Those interactions will need to be reconciled with privacy, information-sharing and agency IT arrangements (not specified here).
• The Regulation prescribes responsibilities that touch juvenile justice and corrections regimes (s 9A, s 31F), raising the need to align with policies under the Children (Detention Centres) Act and Corrective Services administrative structures.

Overall, the Regulation functions as an administrative layer that operationally connects the Bail Act 2013 with other statutes and administrative agencies, delegating many technical details to approvals and forms that require parallel administrative instruments for full legal effect.

The Regulation text includes embedded amendment and insertion notes. The catalogue below lists the changes reflected in the text and their citations as provided.

• 2021 , Commencement and repeal/replacement. The Regulation commenced on the day of publication on the NSW legislation website and repealed and replaced the Bail Regulation 2014 (s 2; note referencing Subordinate Legislation Act 1989, s 10(2)).
• 2022 , Insertions relating to electronic monitoring and transitional provisions:
  • s 9A was inserted by 2022 (556), sec 3, prescribing that certain proceedings under the Children (Detention Centres) Act 1987 are proceedings for the administration of sentence for the Act, Schedule 1, clause 1(2)(e).
  • In 2022 (327), Sch 1[1], Part 4 Division 4 (the original electronic monitoring division) was inserted (as indicated by “pt 4, div 4: Ins 2022 (327), Sch 1[1]”). The text of what is now ss 31A-31I shows later substitutions and further amendments.
  • s 45 was inserted by 2022 (327), Sch 1[2] to clarify the application of Bail Amendment Act 2022 to bail decisions made after its commencement.
• 2024 , Substitutions and insertions relating to the electronic monitoring regime:
  • The electronic monitoring division (pt 4, div 4) was subsequently substituted in 2024 (522), Sch 1. That substitution produced the current structure and numbering of ss 31A-31I, including definitions (s 31A), application scope (s 31B), approval of systems (s 31C) and operational duties (s 31D-31I). The text flags both the 2022 insertion and the 2024 substitution: “pt 4, div 4: Ins 2022 (327), Sch 1[1]. Subst 2024 (522), Sch 1.”
• 2025 , Multiple amendments and repeals recorded in the notes:
  • s 5 was amended in 2025 (662), Sch 1[1] (see notation after s 5).
  • s 9 has an amendment note “Am 2025 (662), Sch 1[2]”.
  • s 12, s 16, s 17, s 18 and s 20 include amendment notes “Am 2025 (662), Sch 1[2]” where applicable (s 16 and s 17 indicate amendment notes). The text shows s 16 and s 17 amended to clarify form and hearing rules.
  • s 15 was amended by 2025 No 67, Sch 2.1 (annotation after s 15).
  • Part 4 Division 5 (31J) was inserted in 2024 and repealed in 2025 No 28, Sch 2[1] (see notes at Division 5 and 31J).
  • Schedule 1 (previously inserted) was itself repealed in 2025 No 28, Sch 2[2] (note after Schedule 1).
• Repeals and savings:
  • s 44 expressly repeals the Bail Regulation 2014 and provides a savings clause stating any act, matter or thing that had effect under the abolished Regulation continues to have effect under the new Regulation (s 44(1)-(2)).

What these amendment notes show

• The Regulation has been actively updated since initial enactment to accommodate the electronic monitoring regime, to adjust operational details, and to align with amendments to the Bail Act. The insertion and later substitution of the electronic monitoring division indicates iterative policy design and statutory refinement.
• The Regulation frequently uses amendment by schedule references and notes, and the relevance of particular inserted or substituted sections is indicated inline in the text. Practitioners should rely on the consolidated, current text as reproduced here but also verify any associated approved forms, Attorney General approvals, Commissioner approvals and procedures that may have been made after the statutory amendments.

Limitations of the Amendment History in this text

• The Regulation text reproduces amendment annotations but does not publish the separate approved forms, the Attorney General’s approvals or Commissioner determinations that the Regulation defers to. Those administrative instruments will be crucial for full operational detail but are not included in the Regulation text itself.

The Regulation as provided does not name or cite any judicial decisions, and the text contains no record of litigation testing its provisions. Accordingly, the Regulation’s litigation history, as available from the source text, is nil.

Potential litigation vectors and issues likely to arise (grounded in the Regulation)

• Disputes over “approved” forms and approvals: Because the Regulation delegates content to “approved forms” and approvals by the Attorney General and Commissioner (see s 3 definition of approved, and repeated requirements for “approved form”), litigation could arise if a party challenges the validity, content, availability or application of an approved form or approval instrument. For example, accused persons or legal representatives might argue that a particular approved form did not satisfy statutory information duties (e.g. s 5 content obligations) or was not made available to them in accordance with the Act.
• Procedural fairness and notice disputes: The Regulation specifies notice and service rules and allows courts to dispense with notice in certain circumstances (e.g. ss 4(2)-(3), 18(4), 21(4)). A party may litigate whether notice was properly given or whether the court properly dispensed with notice where the court proceeded in the absence of the accused (s 18(3)). Because the Regulation prescribes content for notices and certain timeframes, failure to comply could generate procedural challenges.
• Electronic monitoring technical failures and consequent enforcement: The Regulation sets obligations on authorised persons to notify police and the accused of equipment failure within 2 days (s 31I) and on authorised persons to notify police of non-compliance “as soon as practicable” (s 31H). Litigation could arise from enforcement actions taken by police based on monitoring data where the accused argues the monitoring equipment was faulty and that proper notice under s 31I was not given prior to enforcement steps. The Regulation anticipates this risk by requiring notification and by allowing prompt variation applications to be listed (s 31I(4)).
• Forfeiture and property rights disputes: Part 5 Div 2 provisions set the administrative path for forfeiture orders, objections and confirmations (ss 35-39). A person affected by a forfeiture order might litigate the adequacy of prescribed notices, the correctness of the appropriate State authority determination (s 35) or the sufficiency of procedures for objections and informal objections (ss 37-38).
• Content of police records and reason-giving: Section 12 requires police officers who make bail decisions to ensure the record of reasons is made in the approved form, endorsed and sent to the court immediately. Litigation could test whether an endorsed police form adequately records reasons for a bail decision, especially where an application for detention or revocation follows.

Practical consequences

• The Regulation sets out procedural obligations that feed into enforcement and detention decisions made by courts and police. Where administrative steps are not followed, affected parties may seek judicial remedies, including quashing of decisions, orders for variation, or relief in relation to forfeiture. The Regulation contains process safeguards (notice content, direct rights to object, obligation to accompany notices with copies of agreements) that, if followed, reduce grounds for successful procedural challenge.

Absence of reported cases in the text

• Because the provided Regulation text does not include litigation citations, practitioners should check current legal databases and court records for any cases that have since interpreted or tested these provisions, particularly concerning the new electronic monitoring division or the delegated “approved” instruments.

The Regulation is procedural in nature but contains several features that create operational hazards or points that commonly generate compliance error. Each “gotcha” below refers to the specific provision(s).

1. Approved forms and approvals are not in the Regulation

• The Regulation repeatedly requires documents to be “in the approved form” or systems to be “approved” by the Attorney General or Commissioner (s 3, ss 4(1), 5, 10(2), 11(2), 12(1), 27(2), 31C). The approved instruments are external to the Regulation. If those approved forms or approvals are not publicly available, or differ in content from operational expectations, frontline officers, courts and accused persons lack the concrete template needed to comply. Practitioners should check for the relevant approved forms and any Attorney General or Commissioner instruments.

2. Ambiguity in timing phrases

• The Regulation uses “immediately” (s 8(2), s 14(1)), “as soon as practicable” (s 12(2), s 31F, s 31H(1)) and “within 2 days” (s 31I(2)). These vary in legal precision. “Immediately” and “as soon as practicable” may be litigated in context-dependent ways. For example, s 31I mandates a 2-day period for notifying police and the accused about equipment failure but uses “as soon as practicable” elsewhere, creating different expectations for operational response times. Agencies should translate these into measurable internal timelines.

3. Delegated discretion to Attorney General and Commissioner

• “Approved” forms and systems concentrate discretionary power in the Attorney General (forms approval) and the Commissioner (electronic monitoring systems and authorisations) (s 3, s 31C). The exercise of that discretion will materially affect implementation. A lack of transparent criteria or publication can cause administrative disputes or delay.

4. Inter-agency dependencies and data flows

• Electronic monitoring obligations require the bail authority to notify the Commissioner (s 31E), authorised persons to notify police (s 31H), and police to act on monitoring data (s 31H(2)). Those interactions depend on interoperable IT, secure data transfer, privacy-compliant processes and quick response capacity. The Regulation does not prescribe data standards or secure channels beyond “email or other electronic means” (s 31E), so agencies must clarify protocols.

5. “Immediate” notifications to correctional centre general managers

• Several provisions require immediate notification to correctional centre general managers when bail acknowledgments are signed or when particulars of orders exist (ss 7(1)-(2), 8(2)). A failure in notification can lead to wrongful continued detention or premature release. Registries and police stations must have clear processes to ensure these notices are sent and received.

6. Acceptance of distant sureties and acknowledgments (ss 25, 30)

• The Regulation permits distant persons to enter agreements with another bail authority or deposit money with another bail authority if they cannot attend because of distance. However, identity verification duties (ss 22(1), 28(1)) remain. If registrars accept distant deposits without adequate verification, later challenges to the acceptability of security could occur.

7. Interaction with juvenile justice and parole proceedings

• s 9A prescribes particular children’s detention proceedings as proceedings for the administration of sentence for Act Schedule 1 purposes. s 43 prescribes juvenile justice centre managers and certain Department staff as appropriate officers. Practitioners dealing with juveniles must ensure the juvenile justice-specific provisions and approved forms are observed.

8. Forfeiture notices must be accompanied by bail security agreements

• Several sections require that notices of revocation, forfeiture and related communications be accompanied by a copy of the bail security agreement (ss 34(2), 36(2), 39(2)). Failure to attach the agreement may render a notice procedurally deficient and susceptible to challenge.

9. Records and police reason forms must be “endorsed in the approved way”

• s 12 requires police to make the record of reasons in the approved form and “endorsed in the approved way”. What counts as proper endorsement is not in the text. Practitioners should ensure custody-docket workflows incorporate the approved endorsement procedures to avoid failure of admissibility or procedural consequences.

10. Filing location for withdrawal of detention application

• s 19 permits a notice that the Crown does not intend to proceed with a detention application to be filed with the Local Court. If Crown counsel files in a different court registry or fails to file, confusion may arise regarding whether the detention application remains live.

These operational frictions are not legal defects per se but are the most frequent sources of administrative error and subsequent procedural challenge. Clear local protocols, published approved instruments and inter-agency memoranda will minimise these risks.

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.