Australia
Australia Criminal Law: Bail, Coercive Control and Related Topics
Independently fact-checked against primary sources (last audited September 28, 2026). · 6 primary sources cited on this page. How we verify our legal content
This section covers criminal bail law in all 8 Australian states and territories, the current status of coercive control as a criminal offence across the country, and links to the related everyday law, protection order, background check, court records, fines and legal aid pages that most often come up alongside a criminal matter.
This section of the site covers Australian criminal law topics that a person facing, or affected by, a criminal charge is likely to need: how bail decisions are made, and where coercive control is currently a criminal offence. Bail law and the coercive control offence are both matters of state and territory law, so each jurisdiction is covered separately rather than as a single Australian rule.
Bail across Australia
Bail is not decided the same way anywhere in Australia. Each state and territory runs its own test, its own list of offences that reverse the ordinary presumption, and its own rules for breach and reapplication. The national bail comparison sets out the differences side by side. For the full detail behind any figure in that comparison, see the relevant state or territory page:
- Bail in New South Wales
- Bail in Victoria
- Bail in Queensland
- Bail in Western Australia
- Bail in South Australia
- Bail in Tasmania
- Bail in the Northern Territory
- Bail in the Australian Capital Territory
Coercive control
Coercive control is a standalone criminal offence in force today in New South Wales, since 1 July 2024, and Queensland, since 26 May 2025, and Tasmania has had narrower economic abuse and emotional abuse offences in force since 30 March 2005. Victoria has enacted a coercive control offence that is not yet in force, South Australia's has been assented but not proclaimed, and the Australian Capital Territory has only a Bill before its Legislative Assembly. Western Australia and the Northern Territory have no standalone offence. See coercive control laws in Australia for the full jurisdiction by jurisdiction position, including penalties and who is covered.
Related pages
A criminal matter often intersects with other areas of Australian law covered elsewhere on this site.
- Miranda style rights in Australia covers what happens, and what does not happen, when police question or arrest someone.
- Self defence laws in Australia covers the defences that can apply to a charge.
- Sexting laws in Australia covers a distinct category of criminal offence involving minors and images.
- Apprehended Violence Orders in Australia covers the civil protection order regime that often runs alongside a criminal charge, including domestic violence and family violence matters.
- Spent convictions in Australia covers how a conviction can later affect background checks and employment.
- Court records in Australia covers how criminal and civil court records are accessed.
- Legal aid in Australia covers eligibility for free or subsidised legal representation in every state and territory, including duty lawyer services at a bail hearing.
- Fines in Australia covers how fines and infringement notices are issued and paid, a common companion issue to a criminal charge.
Getting help
Nothing in this section is a substitute for advice from a lawyer who has seen the actual charge and a person's circumstances. Legal aid can point to a state or territory's legal aid commission, including duty lawyer services for a bail hearing.
Frequently Asked Questions
Is bail the same across Australia?
No. Bail is decided under a different Act in each state and territory, with its own test, its own presumptions, and its own breach and reapplication rules. See the national bail comparison for how the 8 jurisdictions differ.
Is coercive control illegal everywhere in Australia?
No. It is a standalone offence in force today only in New South Wales and Queensland, with narrower offences in force in Tasmania since 2005. Victoria, South Australia and the Australian Capital Territory have enacted or proposed an offence not yet in force, and Western Australia and the Northern Territory have no standalone offence. See coercive control laws in Australia for the full picture.
Where can I find help with a bail application or a criminal charge?
Legal aid can point to the legal aid commission in your state or territory, including duty lawyer services for a bail hearing. See the legal aid page for the commission covering your jurisdiction.
Does this section cover civil protection orders?
No. A civil protection order, such as an apprehended violence order or a family violence order, is a different process from a criminal bail decision. See the Apprehended Violence Order hub for that topic.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Bail Act 2013 (NSW)
s 16AAccused person to show cause for certain serious offencesIn forcecited in 3 of our articles
(1) A bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why his or her detention is not justified. (2) If the accused person does show cause why his or her detention is not justified, the bail authority must make a bail decision in accordance with Division 2 (Unacceptable risk test—all offences). (3) This section does not apply if the accused person was under the age of 18 years at the time of the offence.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nsw.gov.au
Also relied on in: Bail in NSW: The Bail Act 2013, Show Cause and Bail Concerns, Bail Laws in Australia: How Every State and Territory Compares
Crimes Act 1900 (NSW)
s 54DAbusive behaviour towards current or former intimate partnersIn forcecited in 2 of our articles
(1) An adult commits an offence if—(a) the adult engages in a course of conduct against another person that consists of abusive behaviour, and (b) the adult and other person are or were intimate partners, and (c) the adult intends the course of conduct to coerce or control the other person, and (d) a reasonable person would consider the course of conduct would be likely, in all the circumstances, to cause any or all of the following, whether or not the fear or impact is in fact caused—(i) fear that violence will be used against the other person or another person, or (ii) a serious adverse impact on the capacity of the other person to engage in some or all of the person’s ordinary day-to-day activities. Maximum penalty—Imprisonment for 7 years. (2) For subsection (1)(a)—(a) the course of conduct may be constituted by any combination of abusive behaviours, and (b) whether the course of conduct consists of abusive behaviour must be assessed by considering the totality of the behaviours.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.nsw.gov.au
Cited in 24 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- [2024] NSWCCA 147 (NSW Court of Criminal Appeal 2024, [2024] NSWCCA 147)
- [2023] NSWCCA 59 (NSW Court of Criminal Appeal 2023, [2023] NSWCCA 59)
- [2022] NSWCCA 206 (NSW Court of Criminal Appeal 2022, [2022] NSWCCA 206)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Coercive Control Laws in Australia: Where It Is a Crime and Where It Is Not
Bail Act 1977 (Vic)
s 4Entitlement to bailIn forcecited in 3 of our articles
A person accused of an offence, and being held in custody in relation to that offence, is entitled to be granted bail unless the bail decision maker is required to refuse bail by this Act.
Official text (excerpt) · last checked 2026-09-28 · Read the full text in our law library · Verify at legislation.vic.gov.au
Also relied on in: Bail in Victoria: the Bail Act 1977 Two Step Test, Show Compelling Reason and Unacceptable Risk
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Sources and References
- Bail Act 2013 (NSW), current version (sections 16A to 22C, 28B, 30A, 70A, 74, 77 and 79)(legislation.nsw.gov.au).gov
- Bail Act 1977 (Vic) sections 4, 4AAA, 4AA, 4A, 4C, 4D, 4E, 4F, in force version 159(legislation.vic.gov.au).gov
- Crimes Act 1900 (NSW) section 54D, current version(legislation.nsw.gov.au).gov
- Criminal Code (Qld) sections 334C and 762 (current as at 1 June 2026)(legislation.qld.gov.au).gov
- Family Violence Act 2004 (Tas) sections 8, 9 and 9A(legislation.tas.gov.au).gov
- Bail Act 1992 (ACT), Republication No 54, current to 16 November 2025(legislation.act.gov.au).gov