← All decisions

1. What was proposedDeborah MorrisLiberal · Opposition
   Read the original wording (480 words)

   That this Assembly: (1) notes that: (a) justice outcomes continue to fail victims in the ACT; (b) on 6 March 2025, ACT Policing reported seven teenagers had been arrested for their alleged involvement in multiple home burglaries and car thefts; (c) according to police, all seven teenagers were known to police and were in the community on bail or subject to good behaviour orders; (d) the alleged offenders had been arrested more than 190 times, and one boy has been charged in relation to more than 70 offences; (e) on 9 March 2025, police arrested a man who allegedly assaulted a police officer, stole a police car, and hijacked a private vehicle while on parole for an unrelated offence; and (f) on 13 March 2025, The Canberra Times reported a family violence offender had been released from jail to serve his sentence at home despite threatening his ex-wife with a pipe-bomb “gift”, threatening to “tip napalm” on her and set her alight, smashing her face into a brick wall and trying to run her over with his car; (2) further notes that: (a) in 2023-2024, police made 1,184 arrests of people on bail; (b) in the current financial year to February 2025, police have made 676 arrests of people on bail; (c) in 2023-2024, 17.3 percent of apprehensions by ACT police with a breach of bail charge are by people under 18 years, up from 11.9 percent in 2018-2019; (d) there is no offence for breaching bail other than failing to appear in court; (e) the Chief Police Officer has said that due to the number of people on bail, coupled with various demands on police, it is not possible for police to manually undertake compliance checks for all individuals on bail; (f) in February 2025, the ACT Government axed an independent review into the ACT’s bail laws and sentencing when it disbanded the Law Reform and Sentencing Advisory Council due to “budget constraints”; (g) behind Victoria only, the ACT had the second lowest incarceration rate in Australia at 112.6 per 100,000 people in 2024; and (h) the Victorian Labor Government is introducing tough new bail laws that puts community safety first, requires tougher bail tests proportionate to the charge, and creates a new bail offence for repeat offenders; and (3) calls on the ACT Government to: (a) apologise to victims of crimes committed by offenders on bail; (b) introduce tough new bail laws similar to the Victorian Labor Government, which: (i) places community safety as the overarching principle for bail decision-making for all ages; (ii) introduces tougher bail tests targeted at repeat offenders; and (iii) creates a second-strike rule whereby a person who commits an indictable offence while on bail will face tougher consequences; and (c) report back to the Assembly on progress by the last day of the next sitting week. Debate ensued.

2. Proposed changeTara CheyneLabor · Minister19 March 2025

   Grouped by key words as: rewrote the proposal, changed a date or deadline, added reporting or consultation, turned an action into a review.

   The exact wording of this change

   together: 1. Omit all text in paragraph (1)(a). 2. Omit all text after paragraph (1)(f), substitute: “(2) also notes that: (a) the ACT Human Rights Act 2004 provides that: (i) everyone charged with a criminal offence has the right to be presumed innocent until proved guilty according to law; (ii) everyone has the right to liberty and security of person. In particular, no one may be arbitrarily arrested or detained; (iii) an accused person must be treated in a way that is appropriate for a person who has not been convicted; (b) bail is the authorisation for an accused person to be at liberty with the undertaking that they return to court at a later date to face the charge or charges against them; (c) the Bail Act 1992 (the Bail Act) provides legislative guidance for the decision maker in making a decision on whether to grant bail; (d) sections 22 and 23 of the Bail Act provides for the criteria that a court or authorised officer must consider when making a decision to grant bail to adults and children respectively, including the likelihood of a person, while released on bail, committing an offence; (e) in deciding whether to make a bail order in relation to an accused person, a court may have regard to any information it considers relevant and reliable; (f) granting a bail order is not a guarantee that an accused will not offend while on bail; (g) a bail order can be granted unconditionally or with conditions; (3) further notes that, under the Bail Act: (a) a charge of committing a minor offence generally means that the person is entitled to bail; (b) a charge of committing a serious offence generally means that the person is not entitled to bail; (c) section 9D provides for a higher threshold to be considered in the decision to grant bail where a person is accused of a serious offence and the person is alleged to have committed the offence while a charge against the person for another serious offence is pending or outstanding; (d) possible reasons for breaching or cancelling of bail can range from a failure to attend appointments; refusing to provide a sample for drug or alcohol testing; returning a positive drug or alcohol test; failing to comply with a specific condition; not residing at a specifically stated address; through to committing a further offence, and that further offence could vary in seriousness; (4) recognises that, notwithstanding paragraphs (2) and (3}: (a) community commentary persists regarding whether the ACT’s Bail Act is meeting the expectations of the community; (b) there have been recent legislative reforms and proposed legislative reforms in other jurisdictions regarding bail legislation; (c) in recognition of the concerns, a review of the Bail Act was referred to the Law Reform and Sentencing Advisory Council in the previous term of Government; (d) the Law Reform and Sentencing Advisory Council has been discontinued by the current Attorney-General; and (e) the current Attorney-General has said that she is hopeful that reform will be able to be progressed more quickly; and (5) calls on the ACT Government to report back to the Legislative Assembly by the first sitting day in May 2025 on progress: (a) in relation to paragraph (4)(e).”. Debate continued.

   Agreed in a recorded vote, 15 to 8. Its wording is in the final text.

   Ayes 15

   • Yvette Berry, Marisa Paterson, Michael Pettersson, Tara Cheyne, Chris Steel, Rachel Stephen-Smith, Caitlin Tough, Taimus Werner-Gibbings, Suzanne Orr
   • Andrew Braddock, Shane Rattenbury, Jo Clay, Laura Nuttall
   • Fiona Carrick, Thomas Emerson

   Noes 8

   • Chiaka Barry, Peter Cain, Leanne Castley, Ed Cocks, Jeremy Hanson, James Milligan, Deborah Morris, Mark Parton
3. Change to Tara Cheyne's changeShane RattenburyGreens · Crossbench19 March 2025

   Grouped by key words as: added a new call or point, added reporting or consultation.

   The exact wording of this change

   to Ms Cheyne’s proposed amendments together: 1. After paragraph (3)(d), insert new paragraph: “(4) additionally notes that: (a) evidence shows remand, even for short periods, increases the risk of reoffending due to the criminogenic nature of incarceration; (b) bail support programs aim to reduce offending while on bail, increase the likelihood of a person facing criminal charges appearing in court, decrease court appearances, and provide an alternative to remand; (c) evaluations of bail and support programs have found them to be effective at reducing contact with the justice system, reducing imprisonment, and facilitating access to support and treatment; (d) there is one adult bail support program in the ACT – the Ngurrambai Bail Support Program delivered by the Aboriginal Legal Service NSW/ACT. This program is available to First Nations clients and involves case officers attending the Magistrates Court to work with clients to develop a tailored bail plan that addresses likely obstacles weighing against bail in considerations such as housing, employment, education, and bail compliance; and (e) the Standing Committee into Justice and Community Safety’s Inquiry into the administration of bail report tabled at the end of the 10th Assembly includes recommendations 8 to 10 relating to bail support programs;”. 2. In paragraph (4), omit “notwithstanding paragraphs (2) and (3)”, substitute “notwithstanding paragraphs (2), (3) and (4)”. 3. After paragraph (5)(a), add new paragraph: “(b) in relation to the Government response to recommendations 8 to 10 from the Inquiry into the administration of bail report.”. Debate continued.

   Agreed on the voices. No individual votes were recorded. Some of its wording is in the final text.

4. Change to Shane Rattenbury's changeThomas EmersonIndependent · Crossbench19 March 2025

   Added notes on youth diversion and reoffending data, and called for investment in rehabilitation, diversion and First Nations programs, with a report by May 2025. Our summary, review in progress

   The exact wording of this change

   to Mr Rattenbury’s proposed amendments to Ms Cheyne’s proposed amendments together: 1. After paragraph (4)(e), insert new paragraph: “(5) further notes that: (a) youth diversionary programs in the ACT report being chronically oversubscribed and underfunded, with Canberra Police Community Youth Club having 480 children on their waiting list; (b) Productivity Commission data shows that people leaving prison in the ACT reoffend at the highest rate in the country, but those having received community connections orders reoffend at the second lowest rate; (c) a strong sense of cultural identity and pride is a critical determinant of wellbeing for young First Nations people, but there is a gap in culturally safe diversionary programs for young First Nations people in the ACT; (d) in its response to the Inquiry into the administration of bail report, at recommendation (4), the Government committed to focusing on early intervention and diversionary programs, including cultural programs for young Aboriginal and Torres Strait Islander people at risk of contact with the criminal justice system;”. 2. Omit all text in paragraph (6), substitute: “(6) calls on the ACT Government to: (a) invest sufficiently in rehabilitation and diversion programs for young people interacting, or at risk of interacting, with the criminal justice system in the ACT, to ensure that young people in urgent need of support do not fall through the gaps; (b) invest in culturally safe diversionary programs for First Nations young people to build connection to cultural identity; and (c) report back to the Legislative Assembly by the first sitting day in May 2025 on progress in relation to: (i) paragraph (4)(e); and (ii) the Government response to recommendations (4), (8), (9) and (10) from the Inquiry into the administration of bail report.”. Debate continued.

   Agreed on the voices. No individual votes were recorded. Its wording is in the final text.

5. What the Assembly decidedAgreed

   Decided on the voices: no individual votes were recorded, so this doesn’t show that every MLA agreed.

   Final agreed wording, with changes marked

   That this Assembly: (1) notes that: (a) on 6 March 2025, ACT Policing reported seven teenagers had been arrested for their alleged involvement in multiple home burglaries and car thefts; (b) according to police, all seven teenagers were known to police and were in the community on bail or subject to good behaviour orders; (c) the alleged offenders had been arrested more than 190 times, and one boy has been charged in relation to more than 70 offences; (d) on 9 March 2025, police arrested a man who allegedly assaulted a police officer, stole a police car, and hijacked a private vehicle while on parole for an unrelated offence; and (e) on 13 March 2025, The Canberra Times reported a family violence offender had been released from jail to serve his sentence at home despite threatening his ex-wife with a pipe-bomb “gift”, threatening to “tip napalm” on her and set her alight, smashing her face into a brick wall and trying to run her over with his car; (2) also notes that: (a) the ACT Human Rights Act 2004 provides that: (i) everyone charged with a criminal offence has the right to be presumed innocent until proved guilty according to law; (ii) everyone has the right to liberty and security of person. In particular, no one may be arbitrarily arrested or detained; and (iii) an accused person must be treated in a way that is appropriate for a person who has not been convicted; (b) bail is the authorisation for an accused person to be at liberty with the undertaking that they return to court at a later date to face the charge or charges against them; (c) the Bail Act 1992 (the Bail Act) provides legislative guidance for the decision maker in making a decision on whether to grant bail; (d) sections 22 and 23 of the Bail Act provides for the criteria that a court or authorised officer must consider when making a decision to grant bail to adults and children respectively, including the likelihood of a person, while released on bail, committing an offence; (e) in deciding whether to make a bail order in relation to an accused person, a court may have regard to any information it considers relevant and reliable; (f) granting a bail order is not a guarantee that an accused will not offend while on bail; and (g) a bail order can be granted unconditionally or with conditions; (3) further notes that, under the Bail Act: (a) a charge of committing a minor offence generally means that the person is entitled to bail; (b) a charge of committing a serious offence generally means that the person is not entitled to bail; (c) section 9D provides for a higher threshold to be considered in the decision to grant bail where a person is accused of a serious offence and the person is alleged to have committed the offence while a charge against the person for another serious offence is pending or outstanding; and (d) possible reasons for breaching or cancelling of bail can range from a failure to attend appointments; refusing to provide a sample for drug or alcohol testing; returning a positive drug or alcohol test; failing to comply with a specific condition; not residing at a specifically stated address; through to committing a further offence, and that further offence could vary in seriousness; (4) additionally notes that: (a) evidence shows remand, even for short periods, increases the risk of reoffending due to the criminogenic nature of incarceration; (b) bail support programs aim to reduce offending while on bail, increase the likelihood of a person facing criminal charges appearing in court, decrease court appearances, and provide an alternative to remand; (c) evaluations of bail and support programs have found them to be effective at reducing contact with the justice system, reducing imprisonment, and facilitating access to support and treatment; (d) there is one adult bail support program in the ACT – the Ngurrambai Bail Support Program delivered by the Aboriginal Legal Service NSW/ ACT. This program is available to First Nations clients and involves case officers attending the Magistrates Court to work with clients to develop a tailored bail plan that addresses likely obstacles weighing against bail in considerations such as housing, employment, education, and bail compliance; and (e) the Standing Committee into Justice and Community Safety’s Inquiry into the administration of bail report tabled at the end of the 10th Assembly includes recommendations 8 to 10 relating to bail support programs; (5) further notes that: (a) youth diversionary programs in the ACT report being chronically oversubscribed and underfunded, with Canberra Police Community Youth Club having 480 children on their waiting list; (b) Productivity Commission data shows that people leaving prison in the ACT reoffend at the highest rate in the country, but those having received community connections orders reoffend at the second lowest rate; (c) a strong sense of cultural identity and pride is a critical determinant of wellbeing for young First Nations people, but there is a gap in culturally safe diversionary programs for young First Nations people in the ACT; and (d) in its response to the Inquiry into the administration of bail report, at recommendation (4), the Government committed to focusing on early intervention and diversionary programs, including cultural programs for young Aboriginal and Torres Strait Islander people at risk of contact with the criminal justice system; (6) recognises that, notwithstanding paragraphs (2), (3) and (4)Rattenbury: (a) community commentary persists regarding whether the ACT’s Bail Act is meeting the expectations of the community; (b) there have been recent legislative reforms and proposed legislative reforms in other jurisdictions regarding bail legislation; (c) in recognition of the concerns, a review of the Bail Act was referred to the Law Reform and Sentencing Advisory Council in the previous term of Government; (d) the Law Reform and Sentencing Advisory Council has been discontinued by the current Attorney-General; and (e) the current Attorney-General has said that she is hopeful that reform will be able to be progressed more quickly; and (7) calls on the ACT Government to: (a) invest sufficiently in rehabilitation and diversion programs for young people interacting, or at risk of interacting, with the criminal justice system in the ACT, to ensure that young people in urgent need of support do not fall through the gaps; (b) invest in culturally safe diversionary programs for First Nations young people to build connection to cultural identity; and (c) report back to the Legislative Assembly by the first sitting day in May 2025 on progress in relation to: (i) paragraph (6)(e); and (ii) the Government response to recommendations (4), (8), (9) and (10) from the Inquiry into the administration of bail report.

   Original and final wording compared

   taken out put in

   That this Assembly: (1) notes that: (a) [taken out: justice outcomes continue to fail victims in the ACT; (b)]on 6 March 2025, ACT Policing reported seven teenagers had been arrested for their alleged involvement in multiple home burglaries and car thefts; [taken out: (c)][put in: (b)]according to police, all seven teenagers were known to police and were in the community on bail or subject to good behaviour orders; [taken out: (d)][put in: (c)]the alleged offenders had been arrested more than 190 times, and one boy has been charged in relation to more than 70 offences; [taken out: (e)][put in: (d)]on 9 March 2025, police arrested a man who allegedly assaulted a police officer, stole a police car, and hijacked a private vehicle while on parole for an unrelated offence; and [taken out: (f)][put in: (e)]on 13 March 2025, The Canberra Times reported a family violence offender had been released from jail to serve his sentence at home despite threatening his ex-wife with a pipe-bomb “gift”, threatening to “tip napalm” on her and set her alight, smashing her face into a brick wall and trying to run her over with his car; (2) [taken out: further][put in: also]notes that: (a) [taken out: in 2023-2024, police made 1,184 arrests][put in: the ACT Human Rights Act 2004 provides that: (i) everyone charged with a criminal offence has the right to be presumed innocent until proved guilty according to law; (ii) everyone has the right to liberty and security]of [taken out: people on bail;][put in: person. In particular, no one may be arbitrarily arrested or detained; and (iii) an accused person must be treated in a way that is appropriate for a person who has not been convicted;](b) [put in: bail is the authorisation for an accused person to be at liberty with the undertaking that they return to court at a later date to face the charge or charges against them; (c) the Bail Act 1992 (the Bail Act) provides legislative guidance for the decision maker]in [put in: making a decision on whether to grant bail; (d) sections 22 and 23 of]the [taken out: current financial year][put in: Bail Act provides for the criteria that a court or authorised officer must consider when making a decision]to [taken out: February 2025, police have made 676 arrests][put in: grant bail to adults and children respectively, including the likelihood]of [taken out: people][put in: a person, while released]on bail, [taken out: (c)][put in: committing an offence; (e)]in [taken out: 2023-2024, 17.3 percent of apprehensions by ACT police][put in: deciding whether to make a bail order in relation to an accused person, a court may have regard to any information it considers relevant and reliable; (f) granting a bail order is not a guarantee that an accused will not offend while on bail; and (g) a bail order can be granted unconditionally or]with [put in: conditions; (3) further notes that, under the Bail Act:](a) [taken out: breach][put in: a charge]of [put in: committing a minor offence generally means that the person is entitled to]bail; [put in: (b) a]charge [taken out: are by people under 18 years, up from 11.9 percent][put in: of committing a serious offence generally means that the person is not entitled to bail; (c) section 9D provides for a higher threshold to be considered]in [taken out: 2018-2019; (d) there][put in: the decision to grant bail where a person]is [taken out: no][put in: accused of a serious]offence [put in: and the person is alleged to have committed the offence while a charge against the person]for [put in: another serious offence is pending or outstanding; and (d) possible reasons for]breaching [put in: or cancelling of]bail [taken out: other than][put in: can range from a failure to attend appointments; refusing to provide a sample for drug or alcohol testing; returning a positive drug or alcohol test;]failing to [taken out: appear][put in: comply with a specific condition; not residing at a specifically stated address; through to committing a further offence, and that further offence could vary]in [taken out: court; (e) the Chief Police Officer has said][put in: seriousness; (4) additionally notes]that: [put in: (a) evidence shows remand, even for short periods, increases the risk of reoffending]due to the [taken out: number][put in: criminogenic nature]of [taken out: people][put in: incarceration; (b) bail support programs aim to reduce offending while]on bail, [taken out: coupled][put in: increase the likelihood of a person facing criminal charges appearing in court, decrease court appearances, and provide an alternative to remand; (c) evaluations of bail and support programs have found them to be effective at reducing contact]with [taken out: various demands on police, it is not possible for police][put in: the justice system, reducing imprisonment, and facilitating access]to [taken out: manually undertake compliance checks for all individuals on][put in: support and treatment; (d) there is one adult]bail [taken out: (f)][put in: support program]in [taken out: February 2025,]the ACT [taken out: Government axed an independent review into][put in: –]the [taken out: ACT’s][put in: Ngurrambai]Bail [taken out: laws][put in: Support Program delivered by the Aboriginal Legal Service NSW/ ACT. This program is available to First Nations clients]and [taken out: sentencing when it disbanded][put in: involves case officers attending]the [taken out: Law Reform][put in: Magistrates Court to work with clients to develop a tailored bail plan that addresses likely obstacles weighing against bail in considerations such as housing, employment, education,]and [taken out: Sentencing Advisory Council due][put in: bail compliance; and (e) the Standing Committee into Justice and Community Safety’s Inquiry into the administration of bail report tabled at the end of the 10th Assembly includes recommendations 8]to [taken out: “budget constraints”; (g) behind Victoria only,][put in: 10 relating to bail support programs; (5) further notes that: (a) youth diversionary programs in]the ACT [taken out: had][put in: report being chronically oversubscribed and underfunded, with Canberra Police Community Youth Club having 480 children on their waiting list; (b) Productivity Commission data shows that people leaving prison in]the [put in: ACT reoffend at the highest rate in the country, but those having received community connections orders reoffend at the]second lowest [taken out: incarceration]rate; [put in: (c) a strong sense of cultural identity and pride is a critical determinant of wellbeing for young First Nations people, but there is a gap]in [taken out: Australia at 112.6 per 100,000][put in: culturally safe diversionary programs for young First Nations]people in [taken out: 2024;][put in: the ACT;]and [taken out: (h)][put in: (d) in its response to]the [taken out: Victorian Labor Government is introducing tough new][put in: Inquiry into the administration of]bail [taken out: laws][put in: report, at recommendation (4), the Government committed to focusing on early intervention and diversionary programs, including cultural programs for young Aboriginal and Torres Strait Islander people at risk of contact with the criminal justice system; (6) recognises]that, [taken out: puts][put in: notwithstanding paragraphs (2), (3) and (4): (a)]community [taken out: safety first, requires tougher][put in: commentary persists regarding whether the ACT’s]Bail [taken out: tests proportionate to][put in: Act is meeting]the [taken out: charge,][put in: expectations of the community; (b) there have been recent legislative reforms]and [taken out: creates][put in: proposed legislative reforms in other jurisdictions regarding bail legislation; (c) in recognition of the concerns,]a [taken out: new][put in: review of the]Bail [taken out: offence for repeat offenders;][put in: Act was referred to the Law Reform]and [taken out: (3)][put in: Sentencing Advisory Council in the previous term of Government; (d) the Law Reform and Sentencing Advisory Council has been discontinued by the current Attorney-General; and (e) the current Attorney-General has said that she is hopeful that reform will be able to be progressed more quickly; and (7)]calls on the ACT Government to: (a) [taken out: apologise to victims][put in: invest sufficiently in rehabilitation and diversion programs for young people interacting, or at risk]of [taken out: crimes committed by offenders on bail; (b) introduce tough new bail laws similar to][put in: interacting, with]the [taken out: Victorian Labor Government, which: (i) places community safety as][put in: criminal justice system in]the [taken out: overarching principle for bail decision-making][put in: ACT, to ensure that young people in urgent need of support do not fall through the gaps; (b) invest in culturally safe diversionary programs]for [taken out: all ages; (ii) introduces tougher bail tests targeted at repeat offenders; and (iii) creates a second-strike rule whereby a person who commits an indictable offence while on bail will face tougher consequences;][put in: First Nations young people to build connection to cultural identity;]and (c) report back to the [put in: Legislative]Assembly [taken out: on progress]by the [taken out: last][put in: first sitting]day [taken out: of][put in: in May 2025 on progress in relation to: (i) paragraph (6)(e); and (ii)]the [taken out: next sitting week. Debate ensued.][put in: Government response to recommendations (4), (8), (9) and (10) from the Inquiry into the administration of bail report.]

   Compared word by word by computer, ignoring punctuation. It shows what differs, not which change made each difference; the steps above show that.