New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 9A

9A Exception from presumption in favour of bail-certain domestic violence offences and offences of contravening apprehended domestic violence orders

(1) This section applies to the following:

(a) any domestic violence offence,

(b) any offence of contravening an apprehended domestic violence order by an act:

(i) involving violence, or

(ii) that would constitute an offence against section 13 of the Crimes (Domestic and Personal Violence) Act 2007 or section 545AB or 562AB of the Crimes Act 1900 .

(1A) Section 9 does not apply if a grant of bail is sought for an accused person in respect of an offence to which this section applies alleged to have been committed (or to involve an act) against another person if the authorised officer or court is satisfied that the accused person:

(a) has a history of violence, or

(b) has been violent to the other person in the past (whether or not the accused person has been convicted of an offence in respect of the violence), or

(c) has failed to comply with a bail condition in respect of the offence to which this section applies that was imposed for the protection and welfare of the other person (unless the authorised officer or court is satisfied that the accused person will comply with any such bail condition in the future).

(2) For the purposes of this section, an accused person has a "history of violence" if the accused person has been found guilty, within the last 10 years, of a personal violence offence committed against any person or of an offence of contravening an apprehended violence order by any act involving violence.

(3) In this section:
"apprehended domestic violence order" has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007 .
"apprehended violence order" means an order under the Crimes (Domestic and Personal Violence) Act 2007 , and includes a similar order under the law of another State or Territory or of another country.
"personal violence offence" has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007 , and includes a similar offence under the law of another State or Territory or of another country.