Bail Act amendments take effect in Victoria

Fresh amendments to Victoria's bail law expand what courts must weigh

Bail Act amendments take effect in Victoria

Additional provisions of the Bail Further Amendment Act 2025 (Vic) took effect on 30 September, introducing changes to Victoria’s bail framework.

Per a media release by the Judicial College of Victoria, the amendments include three provisions affecting bail decision-making processes:

  • applying a new presumption and test to certain specified indictable offences – including armed robbery, aggravated burglary, home invasion, and carjacking – that pose an unacceptable risk in specific circumstances unless proven to a high degree of probability that they do not
  • setting additional restrictions for electronic monitoring conditions on adults, which are distinct from the child-specific considerations in Part 2A of the Act
  • recognising pregnancy and caring responsibilities as relevant surrounding circumstances to be considered by bail decision-makers

The Judicial College of Victoria has updated its Bail Bench Book to reflect these amendments, including guidance to help judicial officers apply the new provisions.