sec.52AOther conditions of release on bail

### sec.52A Other conditions of release on bail This section applies if a court or police officer is authorised or required under this Act or another Act to release a child in custody in connection with a charge of an offence. The court or police officer may impose a condition on the grant of bail to the child, other than a condition under section 52 (3) or a condition about appearing before a court or surrendering into custody, only if the court or police officer is satisfied— there is a risk of the child doing a thing mentioned in section 48AAA (2) (a) or (3) ; and the condition is necessary to mitigate the risk; and the condition does not, having regard to the following matters of which the court or police officer is aware, involve undue management or supervision of the child— the child’s age, maturity level, cognitive ability and developmental needs; the child’s health, including the child’s need for medical assessment or medical treatment; for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; the child’s home environment; the child’s ability to comply with the condition; and the condition does not unduly restrict the child’s ability to carry out the child’s responsibilities for— a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or a person with whom the child is in an informal care relationship; or if the child is pregnant—the child of the pregnancy. transporting a child of the child to an appointment, childcare or school attending a medical appointment in relation to a pregnancy cultural obligations to a family member A condition imposed under subsection (2) — must state the period the condition has effect (the stated period ); and stops having effect at the end of the stated period. In deciding the stated period for a condition, the court or police officer must— consider the matters mentioned in subsection (2) (c) ; and ensure the stated period is no longer than is necessary to mitigate the risk mentioned in subsection (2) (a) . A police officer must not impose on a grant of bail to the child a condition that the child must wear a monitoring device while released on bail. See also section 52AA . If the child is not an Australian citizen or a permanent resident, the court or police officer must consider imposing a condition under subsection (2) requiring the child to surrender the child’s current passport. Subsection (2) does not limit the power of a court to impose conditions on a grant of bail under section 151 (9) . In this section— Australian citizen see the Australian Citizenship Act 2007 (Cwlth) , section 4 . permanent resident see the Bail Act 1980 , section 11 (10) . s 52A ins 2019 No. 23 s 16 amd 2020 No. 19 s 165 ; 2021 No. 9 s 25 ; 2024 No. 5 s 97 ; 2024 No. 45 s 118 (sec.52A-ssec.1) This section applies if a court or police officer is authorised or required under this Act or another Act to release a child in custody in connection with a charge of an offence. (sec.52A-ssec.2) The court or police officer may impose a condition on the grant of bail to the child, other than a condition under section 52 (3) or a condition about appearing before a court or surrendering into custody, only if the court or police officer is satisfied— there is a risk of the child doing a thing mentioned in section 48AAA (2) (a) or (3) ; and the condition is necessary to mitigate the risk; and the condition does not, having regard to the following matters of which the court or police officer is aware, involve undue management or supervision of the child— the child’s age, maturity level, cognitive ability and developmental needs; the child’s health, including the child’s need for medical assessment or medical treatment; for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; the child’s home environment; the child’s ability to comply with the condition; and the condition does not unduly restrict the child’s ability to carry out the child’s responsibilities for— a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or a person with whom the child is in an informal care relationship; or if the child is pregnant—the child of the pregnancy. transporting a child of the child to an appointment, childcare or school attending a medical appointment in relation to a pregnancy cultural obligations to a family member (sec.52A-ssec.3) A condition imposed under subsection (2) — must state the period the condition has effect (the stated period ); and stops having effect at the end of the stated period. (sec.52A-ssec.4) In deciding the stated period for a condition, the court or police officer must— consider the matters mentioned in subsection (2) (c) ; and ensure the stated period is no longer than is necessary to mitigate the risk mentioned in subsection (2) (a) . (sec.52A-ssec.5) A police officer must not impose on a grant of bail to the child a condition that the child must wear a monitoring device while released on bail. See also section 52AA . (sec.52A-ssec.6) If the child is not an Australian citizen or a permanent resident, the court or police officer must consider imposing a condition under subsection (2) requiring the child to surrender the child’s current passport. (sec.52A-ssec.7) Subsection (2) does not limit the power of a court to impose conditions on a grant of bail under section 151 (9) . (sec.52A-ssec.8) In this section— Australian citizen see the Australian Citizenship Act 2007 (Cwlth) , section 4 . permanent resident see the Bail Act 1980 , section 11 (10) . - (a) there is a risk of the child doing a thing mentioned in section 48AAA (2) (a) or (3) ; and - (b) the condition is necessary to mitigate the risk; and - (c) the condition does not, having regard to the following matters of which the court or police officer is aware, involve undue management or supervision of the child— (i) the child’s age, maturity level, cognitive ability and developmental needs; (ii) the child’s health, including the child’s need for medical assessment or medical treatment; (iii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; (iv) the child’s home environment; (v) the child’s ability to comply with the condition; and - (i) the child’s age, maturity level, cognitive ability and developmental needs; - (ii) the child’s health, including the child’s need for medical assessment or medical treatment; - (iii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; - (iv) the child’s home environment; - (v) the child’s ability to comply with the condition; and - (d) the condition does not unduly restrict the child’s ability to carry out the child’s responsibilities for— (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or (ii) a person with whom the child is in an informal care relationship; or (iii) if the child is pregnant—the child of the pregnancy. Examples of responsibilities— • transporting a child of the child to an appointment, childcare or school • attending a medical appointment in relation to a pregnancy • cultural obligations to a family member - (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or - (ii) a person with whom the child is in an informal care relationship; or - (iii) if the child is pregnant—the child of the pregnancy. - • transporting a child of the child to an appointment, childcare or school - • attending a medical appointment in relation to a pregnancy - • cultural obligations to a family member - (i) the child’s age, maturity level, cognitive ability and developmental needs; - (ii) the child’s health, including the child’s need for medical assessment or medical treatment; - (iii) for a child with a disability—the disability and the child’s need for services and supports in relation to the disability; - (iv) the child’s home environment; - (v) the child’s ability to comply with the condition; and - (i) a person with whom the child is in a family relationship and for whom the child is the primary caregiver; or - (ii) a person with whom the child is in an informal care relationship; or - (iii) if the child is pregnant—the child of the pregnancy. - • transporting a child of the child to an appointment, childcare or school - • attending a medical appointment in relation to a pregnancy - • cultural obligations to a family member - (a) must state the period the condition has effect (the stated period ); and - (b) stops having effect at the end of the stated period. - (a) consider the matters mentioned in subsection (2) (c) ; and - (b) ensure the stated period is no longer than is necessary to mitigate the risk mentioned in subsection (2) (a) .