The way the NSW court system deals with bail hearings on weekdays has changed. This currently applies to adults in regional NSW but will soon apply to all “first appearance” bail applications in NSW. Read on below to find out what this might mean for you.

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What’s changed?

When an adult in NSW is charged with a new offence and refused bail by police, they are taken to court where they can choose to apply for bail from a magistrate. This is called a “first appearance” bail application.

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Since 7 July 2025, all first appearance bail applications for people in regional NSW are now made before a new online-only virtual court. This is called the Bail Division. Defendants appear in the Bail Division by video link from custody. The magistrate, prosecutor and defence lawyer all also appear by video link. There is no physical courtroom.

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One of the key changes to the bail process is a new 12 pm daily deadline for bail applications. This means that, if you are charged with a fresh offence and have to go to court to apply for bail for that offence, you may not get to apply for bail on the same day you are arrested.

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Legal representation for your first bail hearing

If you are an adult applying for bail in the Bail Division, you will have access to free legal help from a duty lawyer with Legal Aid NSW. If you normally engage a private lawyer, they can appear for you as usual, or you can self-represent.

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At this time, the Aboriginal Legal Service (NSW/ACT) has not received funding to be able to service the new virtual bail court. Aboriginal and Torres Strait Islander people who need free legal support can seek help and representation from Legal Aid NSW.

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After your bail hearing

After the hearing, your case returns to the regular local court in your area and goes through the normal court process. If you are Aboriginal and/or Torres Strait Islander, you can ask the Legal Aid duty lawyer to transfer your file to the Aboriginal Legal Service.

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Even if you haven’t requested a transfer, you can call the Aboriginal Legal Service by dialing #12 on the CADL prison phone system and we can discuss your situation.

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Family and support persons attending your virtual bail hearing

Family, friends and support people can still attend court to support you while you’re applying for bail, but they cannot attend in person as there is no physical courtroom. They will have to have access to the internet and a computer, smartphone or other device to attend the virtual bail court.

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For instructions about how to dial in to the hearing, they will need to either speak to their local court registry or contact the Bail Division registry via the below email:

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baildivisionregistry@justice.nsw.gov.au