The ACT National Preventive Mechanism (NPM), represented by its three member heads of agency, appeared before the Standing Committee on Legal Affairs this morning as part of its Inquiry into Bail Amendment Bill 2026.
The ACT NPM gave evidence that it supports the passage of the Bill with suggested amendments including:
▪︎ The addition of changes to reverse the current presumptions against bail in the Bail Act 1992 that are incompatible with the Human Rights Act 2004.
▪︎ Greater discretion for decision makers beyond the mandatory factors set out in the Bill.
▪︎ Carer responsibilities should also be included expressly as a mandatory consideration in proposed s 22A.
▪︎ An explicit prohibition on refusing bail to a child on the sole ground that the child does not have any, or any adequate, accommodation.
▪︎ ACT Police be provided with discretion to regrant bail to a child arrested for breach of bail under s 56A and s 56AD of the Bail Act.
▪︎ There is a statutory review included in the Bill for all the amendments to be considered after a period of time, such as 3 years.
Further, the ACT NPM recognises that legislative reform alone will not achieve the required outcomes for the community, without investments in bail support, including culturally appropriate bail support, funding Sunday Court to avoid short weekend remands, and adequate housing for young people.
The ACT NPM's submission has been published by the Committee here
The Committee will report to the Legislative Assembly by 26 August 2026