Review Of Decision-making Criteria In Bail Act
The ACT Government is inviting feedback on potential reforms to the Bail Act 1992.
Today ACT Attorney-General Tara Cheyne MLA will be releasing a discussion paper Review of decision-making criteria in the Bail Act 1992. The discussion paper’s purpose is to assist with the development of legislation to modernise the ACT’s bail laws. The most recent significant reforms to the Bail Act were in 2004.
Minister Cheyne said that bail is one of the most challenging and complex elements of the criminal justice system because it contemplates what limitations are put on someone’s liberty when they have not been convicted of an offence.
“The step we are taking today is not a reflection that our bail laws are flawed, but it is recognition that the legislation is complex, difficult to follow, and will benefit from a review against the latest evidence and observations about how it is operating,” Minister Cheyne said.
Whether bail is granted or not is based on an assessment that a decision-maker has made about the level of risk a person poses, and whether that risk can be managed if the person is in the community.
The Bail Act is the framework for that risk assessment. It provides detail about what must be considered—and what may be considered—in undertaking the risk assessment and in making the decision.
“Ultimately, we want the decision-maker to have regard for all of the relevant information available to them so that their risk assessment is the most informed it can be. The discussion paper is seeking feedback on what information the decision-maker should be taking into account,” Minister Cheyne said.
The discussion paper sets out a potential decision-making framework for a risk assessment to be undertaken through the lenses of the interests of the victim, the interests of the accused, and the interests of community safety and justice integrity.
“The better informed the decision, the greater likelihood there is for persons who present the greatest risk to be managed appropriately, for detention to be limited where it is unnecessary, and for any conditions applied to someone released on bail to be appropriate for the circumstances and level of risk.
“Importantly, we want the broader community to have an understanding of and confidence in what is being taken into account when a decision is made about whether bail is granted, and, where it is granted, how that information is informing any conditions that are placed on a person to manage that risk,” Minister Cheyne said.
Community and stakeholder feedback is sought on the discussion paper until Friday, 13 June. The discussion paper will be available online later today at www.yoursayconversations.act.gov.au/bail-reform.
https://www.cmtedd.act.gov.au/open_government/inform/act_government_media_releases/cheyne/2025/review-of-decision-making-criteria-in-the-bail-act