The statutory test for bail in family violence matters under s 12 of the Family Violence Act 2004 (Tas) does not require demonstration of 'compelling circumstances' or 'a carefully structured plan'. The essential question is whether, in all the circumstances and in light of available bail conditions, the court is satisfied that release on bail would not be likely to adversely affect the safety, wellbeing and interests of the affected person. A 'compelling circumstance' or 'carefully structured plan' may assist a court to be so satisfied, but neither is required by the terms of the Act.
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