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Department of Justice

Consultation on bail reform

The Government has today released a Position Paper for the reform of bail law in Tasmania.

The Paper sets out the Government’s proposals for reforming bail legislation to

  • make community safety a primary consideration to be taken into account when granting bail
  • provide a clear statutory framework for what a court should consider when granting bail and
  • ensure there is greater transparency in bail decisions

The Position Paper sets out 15 proposals for changes to bail law including the introduction of a test of “unacceptable risk” for bail applicants and a presumption against bail in certain circumstances.

The Tasmanian Bail Act 1994 is largely procedural in nature. The proposed changes would bring Tasmania into line with all other states and territories who have legislated to amend the common law relating to bail.

The Government is also inviting stakeholder feedback on any changes that may be required to improve or clarify the existing procedural provisions of the Act.

Download the Reforms to the Tasmanian bail system: position paper (doc, 4.1 MB)

Comment period

Please send your comments on the paper to the Department of Justice by 2 February 2018 through one of the following methods:

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice
Office of Strategic Legislation and Policy
GPO Box 825
Hobart TAS 7001