Integrity Oversight Victoria Act 2011

If it is not practicable for a person who is arrested under an arrest warrant to be brought before the Supreme Court without delay after he or she is arrested—

the person for the time being in charge of the place where he or she is detained must—

advise the person that he or she is entitled to apply to a bail justice for discharge from custody; and

give the person a written statement, in the prescribed form (if any), of his or her right to apply for discharge from custody; and

if the person elects to apply for discharge from custody, the person for the time being in charge of the place where he or she is detained must—

give written notice to Integrity Oversight Victoria of the person's election to apply; and

cause the person to be brought before a bail justice as soon as practicable; and

cause to be produced before the bail justice the arrest warrant and the certificate of charge for the person; and

abide by the decision of the bail justice in relation to the person.

When a person is brought before a bail justice under subsection (1), the bail justice may, subject to this section, discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence.

A bail justice must not determine a bail application under this section unless satisfied that Integrity Oversight Victoria has had sufficient time after receiving notice under subsection (1)(b)(i) to determine whether to oppose the grant of bail and if so to state that opposition to the bail justice.