New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 51

51 Interested person may make variation application

(1) An interested person may apply to a court or authorised justice for a variation of bail conditions.

(2) An application under this section is a
"variation application" .

(3) Each of the following persons is an
"interested person" --

(a) the accused person granted bail,

(b) the prosecutor in proceedings for the offence,

(c) the complainant for a domestic violence offence,

(d) the person for whose protection an order is or would be made, in the case of bail granted on an application for an order under the Crimes (Domestic and Personal Violence) Act 2007 ,

(e) the Attorney General.

(4) A court or authorised justice may, after hearing the variation application--

(a) refuse the application, or

(b) vary the bail decision the subject of the application.

(5) An authorised justice may vary a bail decision only to the extent permitted by this Division.

(6) A court or authorised justice is not to hear a variation application made by a person other than the accused person unless satisfied that the accused person has been given reasonable notice of the application, subject to the regulations.

(7) A court or authorised justice is not to hear a variation application made by a person other than the prosecutor in the proceedings unless satisfied that the prosecutor has been given reasonable notice of the application, subject to the regulations.

(8) A court or authorised justice must not vary a bail decision on the application of a person referred to in subsection (3) (c) or (d) unless the prosecutor in the proceedings has been given a reasonable opportunity to be heard on the application.

(9) A court must not revoke bail on a variation application unless revocation is requested by the prosecutor in the proceedings.

(10) For the purposes of this section, the Commissioner of Police is, in the case of bail granted on an application for an order under the Crimes (Domestic and Personal Violence) Act 2007 , taken to be the prosecutor in the proceedings.