The Bail Amendment Act has introduced significant amendments to the Bail Act 1977.
The majority of critical reforms under the Amendment came into effect on 26 March 2025. The amendments introduce community safety as an overarching principle in bail determinations. Under the new legislature, those who are charged with committing an indictable offence while out on bail will face a tougher bail test, making it harder for adults and children to be granted bail. For youth offenders who commit serious crimes, remand will no longer be considered a "last resort".
Summary of key amendments to the Bail Act 1977
New section Guiding principles—community safety and section 4(1) 1AA:
The new wording in the Act states that the “Parliament recognises the overarching importance of maximising, to the greatest extent possible, the safety of the community and persons affected by crime." The amendments introduce community safety as an overarching principle in bail determinations.
Section 3B(1)(b) has removed the wording of ‘Remand as a Last Resort’ for children.
New section 30B: Under the new legislature, an accused on bail must not commit an indictable offence while on bail. An offence under s 30B will carry with it a maximum penalty of 3 months imprisonment, or 30 penalty units.
Amendments to apply to applications or appeals commenced on or after 26 March 2025, regardless of when the offending occurred.
