Wednesday, 3 December 2025
Bail Reform Announcement Reflects Law Society Advocacy
On 2 December 2025, the ACT Attorney-General delivered a ministerial statement to the Legislative Assembly announcing reforms to bail decision-making criteria — many of which were informed by the ACT Law Society’s submission to the recent review.
The Society has long advocated for changes that make bail decisions fairer, culturally responsive, and focused on rehabilitation. Tuesday’s announcement marks a major step forward in implementing those priorities.
Key changes we've championed include:
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Expanded criteria for bail decisions involving children, including:
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Age, maturity and developmental capacity;
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Least restrictive conditions and shortest time in custody;
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Support for family relationships, education, and safe living arrangements;
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Minimising stigma and harm; and
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Acknowledging the impact of trauma, abuse, neglect, and family violence.
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Additional considerations for accused persons who are Aboriginal or Torres Strait Islander.
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Recognition of disability needs, health needs, and related circumstances.
The Attorney-General also confirmed:
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Expansion of the Ngurrambai bail support program for children and young people;
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Initial steps to implement the findings of the Jumbunna Review.
These changes reflect the issues the Society has consistently raised across multiple bail reviews and inquiries. We look forward to working closely with the ACT Government on draft legislation to ensure these reforms are implemented effectively.
Thank you to the members of our Criminal Law Committee who contributed to this important work.
We’re committed to keeping members informed about the impact of our policy and advocacy work. If members have any feedback or suggestions, please contact us at policy@actlawsociety.asn.au.
