New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 30

30 Bail conditions may include enforcement conditions

(1) Bail conditions can include one or more enforcement conditions that are imposed for the purpose of monitoring or enforcing compliance with another bail condition (the
"underlying bail condition" ).

(2) An
"enforcement condition" is a bail condition that requires the person granted bail to comply, while at liberty on bail, with one or more specified kinds of police directions (given for the purpose of monitoring or enforcing compliance with the underlying bail condition).

(3) An enforcement condition can be imposed--

(a) by a court only, and

(b) only at the request of the prosecutor in the proceedings.

(4) An enforcement condition is to specify--

(a) the kinds of directions that may be given to the person while at liberty on bail, and

(b) the circumstances in which each kind of direction may be given (in a manner that ensures that compliance with the condition is not unduly onerous), and

(c) the underlying bail condition or conditions in connection with which each kind of direction may be given.

Note--: For example, an enforcement condition imposed in connection with an underlying bail condition that requires a person to refrain from consuming drugs or alcohol may require the person to undergo testing for drugs or alcohol as directed by a police officer and may include specifications as to when such directions may be given.

(5) An enforcement condition can be imposed only if the court considers it reasonable and necessary in the circumstances, having regard to the following--

(a) the history of the person granted bail (including criminal history and particularly if the person has a criminal history involving serious offences or a large number of offences),

(b) the likelihood or risk of the person committing further offences while at liberty on bail,

(c) the extent to which compliance with a direction of a kind specified in the condition may unreasonably affect persons other than the person granted bail.