Elise Archer,Attorney-General
The Tasmanian Government intends to introduce comprehensive legislation that will ensure there are clear, cohesive and contemporary laws regarding bail in our State.
This is delivering on our Government's major policy and election commitment to keep Tasmanians safe.
All other Australian jurisdictions have moved to provide clear statutory frameworks for what a court should consider when granting bail, which is why our Government committed to bail law reform before the last State election.
The Bail Bill 2021 has been developed following considerable consultation with relevant stakeholders and will modernise Tasmania's Bail Act 1994 to better reflect community expectations when offenders are accused of committing a crime such as murder or serious drug trafficking, or are deemed to be at high risk of reoffending while on bail.
The legislation will allow for the decision on granting bail to be based on whether the accused is found to pose an "unacceptable risk."
Serious and repeat offenders will need to demonstrate why they should be bailed rather than it falling to the prosecution to demonstrate why they should be held in custody.
It will also provide a list of conditions that might be imposed on an accused person who is admitted to bail, including the option of electronic monitoring, which is another initiative of our Government.
The Bill is now being released for public consultation for a six week period and can be viewed at https://www.justice.tas.gov.au/community-consultation
