The ACT Government will introduce the Bail Legislation Amendment Bill in early 2026. The law reform follows extensive consultation with stakeholders, including submissions received through the YourSay process.

It also responds to recommendations from the Standing Committee on Justice and Community Safety Inquiry into the Administration of Bail in the ACT.

The bill aims to provide a balanced approach to:

• address community concerns about safety
• protect the rights of accused people
• improve confidence that courts are making informed, risk-based decisions.

Under the proposed amendments, decision-makers will continue to assess each case individually but will need to consider additional factors including:

• the safety and wellbeing of victims and the community
• cultural considerations for Aboriginal and Torres Strait Islander people
• the health and disability needs of the accused
• impacts on pregnancy and unborn children
• the accused’s history of compliance with other bail and court orders.

Specific provisions will also apply to children, ensuring decisions take into account age, developmental needs, family relationships, education, and minimising harm and stigma.

The reforms will clarify what decision-makers must consider while maintaining independence and procedural fairness, in line with the Human Rights Act 2004. They will also expand who can make representations about bail and receive updates on bail status, broadening the definition of ‘victim’ for bail purposes.

You can watch the full Ministerial statement made by the Attorney-General on the bill on the Legislative Assembly website.