Bail Act 2013

Bail Act 2013
Coat of Arms of New South Wales
Coat of Arms of New South Wales
Parliament of New South Wales
  • An Act to make provision for bail in connection with criminal and other proceedings.
CitationBail Act 2013
Enacted byNew South Wales Legislative Assembly
Enacted byNew South Wales Legislative Council
Commenced20 May 2014
Administered byDepartment of Attorney General and Justice
Legislative history
First chamber: New South Wales Legislative Assembly
Bill titleBail Bill 2013
Introduced byGreg Smith, Attorney General
First reading1 May 2013
Second reading1 May 2013, 8 May 2013, 9 May 2013 .
Third reading9 May 2013
Second chamber: New South Wales Legislative Council
Member(s) in chargeMichael Gallacher, Minister for Police and Emergency Services, Minister for the Hunter, and Vice-President of the Executive Council
First reading21 May 2013
Second reading21 May 2013, 22 May 2013
Third reading22 May 2013
Amended by
Bail Amendment Act 2014, Bail Amendment Act 2015
Status: Current legislation

The Bail Act 2013 is a New South Wales law that came into effect on 20 May 2014. It replaces the Bail Act 1978, which was considered "groundbreaking" when enacted, but has been reformed several times to presume against bail. The new act was created with the aims that it would be easier to understand, would further protect the community and would promote consistent decision-making. The Bail Act 2013 uses an "unacceptable risk" test in regard to whether "the accused will fail to appear in any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence".

The Bail Act 2013 passed in the NSW parliament in May 2013. In response to a review, Bail Act reforms passed parliament in September 2014, and came into effect on 28 January 2015.


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