- Published:
- Tuesday 4 March 2025 at 7:55 am
New templates and resources are available to help criminal lawyers better understand new provisions of the Bail Act 1977 (Vic), which commenced late last year.
The resources were co-produced with the Victorian Aboriginal Legal Service (VALS) and designed to support continued high-quality bail applications in the wake of significant legislative change.
The latest amendments flow from the new Youth Justice Act 2024 (Vic) as well as other changes to the Bail Act in March and September last year.
The amendments which commenced 2 December 2024 are:
- new Section 4E forms parts of the unacceptable risk test
- changes to the conduct provisions section - new s5AAA(1)(aa)
- new s30A which creates an offence of committing a Schedule 1 or Schedule 2 offence whilst on bail.
‘Granting bail saves lives, we know the devastating consequences when Aboriginal and/or Torres Strait Islander peoples don’t receive adequate and culturally capable legal assistance and representation so these resources are a mechanism to ensure best practice,’ said VALS CEO Nerita Waight.
‘VALS was happy to contribute our legal and cultural expertise to this project to ensure that the resources support a more culturally capable legal sector for our people.’
Recently we urged that any further changes to bail laws must include meaningful consultation with the legal assistance sector and Aboriginal community-controlled organisations.
Read our statement. Read VALS’ statement.
Executive Director Kate Bundrock from Victoria Legal Aid’s Criminal Law team echoed the call.
‘Given the scope and pace of change to the bail Act, the resources are designed to provide practitioners with clear and step-by-step guidance on using the new provisions,’ she said.
‘This is also a good time to remind practitioners that our bail funding guideline supports them to run bail applications where there is a reasonable basis for the application.
'The guideline makes clear that there is always a reasonable basis for a bail application where the applicant is a child and/or an Aboriginal or Torres Strait Islander person.’
Practice resources for lawyers
There are five detailed resources available, including:
| Document name | Description |
| FAQs interpreting the new and amended Bail Act provisions | This document reflects in force amendments to the Bail Act 1977 from the Bail Amendment Act 2023 and Youth Justice Act 2024, and provides responses to frequently asked questions |
| First remand section 3A bail application checklist | A checklist for effectively using s3A in first remand bail applications |
| Section 3A template bail application submissions | Template bail application submissions for s3A, providing a basis for written and oral submissions |
| Bail cases considering section 3A | Sets out case authorities on s3A in the Supreme Court and Court of Appeal |
| Bail revocation submissions | Template submissions and relevant authorities for opposing applications for revocation of bail made under s18AE |
Criminal law practitioners can register for access to these resources in our precedent collection by contacting precedents@vla.vic.gov.au
If you have any questions about use of these documents or encounter any issues in making applications and need support, please contact our Appeals and Strategic Litigation team at appealsadvice@vla.vic.gov.au.
More information
Read about the 2024 Bail Reforms Conference
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