109U Application of Bail Act 1978
(1) The Bail Act 1978 (other than Part 6) applies to a person who is brought before the Children’s Court, a Children’s Magistrate or a Registrar after being arrested on a warrant issued under this Part in relation to proceedings before the Children’s Court in the same way as it applies to an accused person, and for that purpose, bail may be granted to the person with respect to the period between the person’s being brought before the Children’s Court, a Children’s Magistrate or a Registrar and his or her attendance at those proceedings.(2) For the purposes of subsection (1):(a) the Children’s Court, a Children’s Magistrate and a Registrar may grant bail in accordance with the Bail Act 1978 to a person who is brought before the Court, Children’s Magistrate or Registrar, and(b) a reference in Part 4 (other than section 22A and Divisions 3–7), 5 or 7 of the Bail Act 1978 to a court is to be read as a reference to the Children’s Court, and(c) a reference to an authorised justice includes a reference to a Registrar.(3) A power to issue a warrant of commitment under this Part is subject to the provisions of the Bail Act 1978, as applied by this section.(4) Without limiting section 9, in taking any action or making any decision under the Bail Act 1978 as applied by this section concerning a particular child or young person, the safety, welfare and well-being of the child or young person must be the paramount consideration.
(1) The District Court may review any decision made by the Children’s Court or a Children’s Magistrate in relation to bail under this Division.(2) The Children’s Court may review any decision made by a Registrar in relation to bail under this Division.(3) The power to review a decision under this section:(a) may be exercised only at the request of the child, young person, parent or other person held in custody or the Director-General, and(b) includes the power to affirm or vary the decision or to substitute another decision.(4) A decision as varied or substituted must be in conformity with the Bail Act 1978 as applied by section 109U.(5) The review of a decision is to be by way of rehearing, and evidence or information in addition to, or in substitution for, the evidence or information obtained on the making of the decision may be given or obtained on the review.(6) If, on review of a decision under this Division, the Children’s Court or District Court varies the decision or substitutes another decision, section 38 of the Bail Act 1978 applies to and in relation to the decision as varied or substituted as if originally made by the court.(7) If, on review of a decision under this Division, bail for a parent or other person in custody is revoked, the Children’s Court or other reviewing body may:(a) if the person is an adult—issue a warrant in accordance with Division 5 committing the person to a correctional centre or other place of security, or(b) if the person is a child or young person—issue a warrant in accordance with Division 5 committing the person to a detention centre,and order the person to be brought before the Children’s Court at the date, time and place specified in the warrant.(8) The Children’s Court or other reviewing body may refuse a request to review a decision under this Division if it is satisfied that the request is frivolous or vexatious.(9) The regulations may make provision for or with requests for reviews, and reviews, under this Division.(10) Nothing in this section limits the rights of a person held in custody under this Part to apply for bail, and the person may so apply for bail even if the power to review a decision already made in relation to bail to the person has not been, or has not been sought to be, exercised under this section.