The bail application form has been amended to ask the question of whether an accused identifies as an Aboriginal and/or Torres Strait Islander person.
If so, it also asks whether s 3A Bail Act 1977 (Bail Act) will be relied upon. The revised Practice Note has also been amended to reflect these amendments.
The amendment to the bail application form assists the profession and the Court in flagging s 3A Bail Act as a factor for the Court to consider irrespective of whether the matter is proceeding in the County Koori Court or mainstream court. The information will help the Court to plan for improved court services for Aboriginal and Torres Strait Islander people.
Practitioners are reminded that they should be adequately prepared to address the Court on any relevant s 3A Bail Act matters if applicable and ‘unacceptable risk’ in any bail application. Section 3A Bail Act applies not only when considering whether or not to grant bail but also in considering setting appropriate conditions for bail.