Bail and Electronic Monitoring (Vic)
In Victoria, when a person is released on bail pending the finalisation of criminal charges, a condition may be imposed that they must agree to be subject to electronic monitoring. Electronic monitoring conditions may be imposed on adults, as well as on young people. This page deals with electronic monitoring conditions in Victoria.
Legislation
Decisions about bail in Victoria are governed by the Bail Act in 1977. The Act set out when an electronic monitoring condition can be imposed, and how it is administered.
What is electronic monitoring?
An electronic monitoring condition involves a person having their location tracked through the installation of a device on their body. The device uses GPS technology to provide information on the person’s whereabouts to the Victorian Police.
This allows the police to supervise the person’s compliance with conditions that prohibit them attending particular premises or remaining within a stated geographic area.
If a person breaches the conditions of their bail, the police may take action in real time.
When can electronic monitoring conditions be imposed?
A person may be required to be electronically monitored as a condition of their bail if this is appropriate under the circumstances, and if is possible to supervise their compliance with the condition.
Electronic monitoring is likely to be ordered in cases that involve serious violence, such as alleged domestic violence offences, and where there are concerns that the person may reoffend or otherwise pose a danger to others.
A person will only be placed on bail with electronic monitoring if they have been assessed as suitable for these conditions by the Department of Justice and Community Safety and if they are residing in an area where their compliance with these conditions can be supervised, and the device can be installed and maintained.
Electronic monitoring for children
The Victorian government is currently trialling the use of electronic monitoring conditions for young people who commit serious offences. This trial began in 2025 and will continue for two years, when its operation will be reviewed.
Under section 17D of the Bail Act 1977, a court may impose an electronic monitoring condition for a young person if the young person is aged between 14 and 18. This is most likely to occur when a young person has committed serious offences in the past, and is alleged to have done so again.
When a young person is being electronically monitored, information about their movements will be collected by the police. If it appears they have breached their bail conditions, this information will be passed on to Youth Justice, which may take action.
Conditions
A person who is on bail with electronic monitoring must abide by the following bail conditions:
- To wear the device 24 hours a day
- Not to remove, disable, damage or tamper with the device without a reasonable excuse
- To comply with reasonable directions given to ensure that they are electronically monitored.
Removal of device
When a person is no longer on bail, their electronic monitoring device must be removed as soon as practical.
If a person is arrested on suspicion of breaching their bail while they are wearing an electronic monitoring device, the device may be removed. If the person is granted bail again after this occurs, their release must not be delayed due to the fact that they are not yet wearing an electronic monitoring device.
Removal of electronic monitoring devices is carried out by police officers, and by officers of the Department of Justice and Community Safety. If a person does not cooperate with the removal of a device, reasonable force may be used to remove the device.
Offences
If a person commits an indictable offence while they are on bail, they are guilty of the offence of breach of bail that is set out in section 30B of the Bail Act 1977. This offence carries a maximum penalty of a fine of 40 penalty units, or imprisonment for three months.
If a person breaches the conditions of their bail, they commit an offence against section 49 of the Summary Offences Act. This offence carries a maximum penalty of a fine of 40 penalty unit, or imprisonment for three months.
If a person breaches bail, in addition to being charged with the criminal offence of breaching bail, their bail is likely to be revoked. This means that they will remain in custody until their criminal matter is finalised, or until a court grants them bail.
A person who breaches bail will also be less likely to be granted bail in the future.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.