The Family Violence Act has its own bail provisions, which are very different to other offences. Unlike other offences, the alleged offender has to show that they are not a risk to the person they are accused of harming. This includes any children who may have witnessed the family violence. Bail may not be granted if they cannot prove that they are not a risk.

In deciding whether or not to grant bail a judge, court or police officer must have regard to the following matters:

  • any available risk assessment, safety audit or rehabilitation program assessment;
  • the offender’s demeanour;
  • the availability of suitable accommodation for the offender and victim or affected children; or
  • any other matter considered relevant.