The ACT Government recognises the impact of bail decisions on defendants, victims, witnesses, and the broader community’s perceptions about the justice system.

The ACT Government believes that bail law modernisation and reform is highly desirable and intends to introduce legislation amending the Bail Act 1992 as soon as practicable.

To assist with the development of this legislation, the ACT Government is seeking feedback from all interested stakeholders and community members about the reform areas that it is prioritising, namely the framework for decision-making.

Objectives of the reform

Reforms to the Bail Act 1992 are being approached with the following direct objectives sought:

• Provide greater clarity to decision-makers about what considerations are to be taken into account when deciding a bail application;
• Maintain the independence and discretion of decision-makers when deciding a bail application;
• Maintain procedural fairness and consistency with the ACT Human Rights Act (2004); and
• Elevate the concept of do no further harm to both the alleged victim(s) and the accused person when deciding a bail application.

Notwithstanding the intersectionality and relevance of resources, investments, and supports that are otherwise outside this reform’s scope, particular regard is given to these further objectives:

• Enhance confidence and trust in the justice system;
• Reduce the high rates of remand and recidivism; and
• Address the significantly high rates of incarceration of Aboriginal and Torres Strait Islander people.

We'll use your feedback to inform changes to the Bail Act 1992, particularly around what is considered during bail decisions.