BAIL ACT 1992 - SECT 9F Family violence offence—bail by authorised officer
BAIL ACT 1992 - SECT 9F
Family violence offence—bail by authorised officer(1) This section applies to a person accused of a family violence offence.
(2) An authorised officer must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.
(3) However, even if the authorised officer is satisfied under subsection (2), the officer must refuse bail if satisfied that the refusal is justified after considering—
(a) for an adult—the matters mentioned in section 22 (Criteria for granting bail to adults); or
(b) for a child—the matters mentioned in section 23 (Criteria for granting bail to children).
(4) Also, the person must not be released on bail under this section unless the person gives an undertaking to appear within 48 hours of being released.
(5) If the authorised officer grants bail to the person under this section, the officer must, in the record made under section 27 (Recording of certain bail decisions), state why the officer is satisfied that the person poses no danger to any protected person.
(6) In this section:
"family member", in relation to a person accused of a family violence offence—see the Family Violence Act 2016
"protected person", in relation to a person accused of a family violence offence—
(a) means a person against whom the alleged conduct making up the offence was directed; and
(b) includes any other family member in relation to the accused person.