In Schedule 2, an Applicant is placed in a ‘show compelling reason’ category if they are alleged to have committed any indictable offence (for example Theft) whilst undergoing a Community Corrections Order. 

A number of new offences have been included in this category, including:

Rape and a number of other sexual offences;

Threat to Kill ‘that is also a family violence offence’;

Intentionally causing serious injury;

Culpable driving causing death;

Dangerous driving causing death or serious injury;

Dangerous driving whilst pursued by Police;
Persistent Contravention of Intervention orders or Personal Safety Notices: In the old Act, if you were charged under Section 125A of the Family Violence Protection Act 2008 (persistent contravention) you would not be in a reverse onus position unless the prosecution could satisfy the Court that you had committed a similar offence, or used or threatened violence against the complainant, within the preceding ten years. Now if you are charged under this section you are automatically required to show compelling reason why you should be granted bail.

The number of Commonwealth offences for which the ‘show compelling reason’ test will apply has also been expanded.

The changes to the Bail Act will almost definitely result in more people being refused bail, adding to the already significant problem of overcrowding of our prisons, clogged Courts and the failure of Corrections Victoria to bring people to Court in accordance with Court orders.