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- Additional offences required to pass the ‘compelling reasons test’
- Additional offences required to pass the ‘exceptional circumstances test’
- New high degree of probability test for person on bail for certain offences
- Tougher bail test for repeat offenders
- New offences for breaching bail conditions
- Conclusion
Reforms were made to bail laws in Victoria with amendments coming into effect in September 2025 and March 2026. The new bail laws introduced the following major changes:
- Tougher bail tests to a broader range of serious offences;
- Increased difficulty for repeat serious offenders to get bail;
- New offences introduced for breaching bail or offending when on bail; and
- New law allowing police to bring a person arrested for breaching bail directly to court.
Additional offences required to pass the ‘compelling reasons test’
This is a bail test which requires the bail decision maker to be satisfied that a compelling reason justifies the grant of bail. The recent reforms added the following offences to the list of offences required to pass this test:[1]
- Serious gun crimes
- Serious arson
- Offences involving the use of weapons
- Stealing a car (if also charged with other offences such as conduct endangering life)
This means that a person charged with the offences above now faces increased difficulties in their bail application.
Additional offences required to pass the ‘exceptional circumstances test’
This is a bail test typically applied to the most serious offences. It requires that the person not only pass the ‘unacceptable risk test’ but also show that there are exceptional circumstances warranting a grant of bail. This test is stricter than the ‘compelling reasons’ test above and increases the barriers to receiving bail for the following offences:[2]
- Armed robbery
- Aggravated burglary
- Home invasion and aggravated home invasion
- Carjacking and aggravated carjacking
New high degree of probability test for person on bail for certain offences
Where a person is already on bail for these offences, the new reforms require the bail decision maker to be satisfied that there is a high degree of probability that the person will not commit another serious offence if they are released:[3]
- Carjacking and aggravated carjacking
- Home invasion and aggravated home invasion
- Armed robbery
- Aggravated burglary
Tougher bail test for repeat offenders
The new reforms require a person who is on bail for an indictable offence and is charged with another indictable offence while on bail to pass the ‘compelling reasons test’ in addition to the ‘unacceptable risk test’.[4]
New offences for breaching bail conditions
It is now an offence under section 30B of Bail Act 1977 (Vic) to commit an indictable offence while on bail.[5] It is also now an offence under section 49F of the Summary Offences Act 1966 (Vic) to contravene a conduct condition of bail.[6] A person contravening these offences may face up to 3 months imprisonment. Furthermore, it is now permissible for a police officer to bring a person arrested for breaching bail conditions directly to court without having to wait for a bail justice.[7]
Conclusion
The recent reforms to bail law increased the difficulties in bail applications in Victoria by broadening the range of serious offences subject to tougher bail tests, introducing new offences, and granting further power to the police. The reforms were motivated by an effort to prioritise community safety and prevent reoffending. The results remain yet to be seen.
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This blog post provides general information and is not intended as legal advice. It may not be complete or up-to-date. For specific legal advice, please consult a qualified lawyer.
[1] Schedule 2 of Bail Act 1977 (Vic) amended by s 12 Bail Amendment Act 2025 (Vic).
[2] Schedule 1 of Bail Act 1977 (Vic) amended by s 11 Bail Amendment Act 2025 (Vic).
[3] s 4F Bail Act 1977 (Vic) inserted per s 5 Bail Further Amendment Act 2025 (Vic).
[4] s 4A Bail Act 1977 (Vic) inserted per s 9 Bail Further Amendment Act 2025 (Vic).
[5] s 30B Bail Act 1977 (Vic) inserted per s 8 Bail Amendment Act 2025 (Vic).
[6] s 49F Summar Offences Act 1966 (Vic) amended via s 14 Bail Amendment Act 2025 (Vic).
[7] s 24(2) Bail Act 1977 (Vic) amended via s 6 Bail Amendment Act 2025 (Vic).