Bairstow, Joe Root, Moeen Ali, Chris Woakes and Jake Ball are the only members of England's test squad who will stay on for the ODI series.
Bayliss admitted Stokes's potential appearance in Australia could be a distraction for the team. While the charges against Stokes were severe, Hales did not suffer any charges from the officials.
England coach Trevor Bayliss is expecting the selection to cop plenty of attention.
Australia officially legalizes same-sex marriage
The government has appointed a panel to examine how to safeguard religious freedoms once gay marriage was a reality in Australia. In the end, only four people did not support the bill. "What a day for love, for equality and respect", Mr Turnbull said.
The first one-day global between England and Australia begins on January 15 in Melbourne.
"Whether it's any more of a circus than it's already been, it's hard to say".
The England all-rounder, who scored just two and went wicketless on his debut on Sunday, made 34 from 41 balls and again failed to take a scalp as Canterbury fell to a seven-wicket defeat to Auckland.
Stokes is now playing domestic cricket in New Zealand.
Paul Scholes questions Luke Shaw lifestyle
Shaw suffered a nasty leg break in the 2015/16 season and has failed to deliver on the early promise he showed while at Southampton .
In a media release on Thursday, the ECB said: "Should the ECB Board receive formal confirmation that Ben Stokes has either been charged or that he will face no charges, they would convene within 48 hours to make a decision on his availability for the team at that stage".
A lot of the pre-Ashes talk was dominated by Ben Stokes and whether or not he'd be eligible for England Down Under. He was joined in the 12-man squad with the five players that did not play in Adelaide, plus six players from England Lions (Ben Duckett, Keaton Jennings, Dan Lawrence, Jack Leach, Liam Livingstone and Mark Wood).
Hales, an opener who has not played any professional cricket since the September nightclub incident, learned this week that he would face no criminal charges, opening the door for his trip to Australia.
Kent batsman Sam Billings and Durham seamer Mark Wood were also included in the squad that defeated West Indies (4-0) earlier this year. After the conclusion of the Ashes, the English side will lock horns with the Aussies in a five match ODI series.
Rally to preserve Net Neutrality
The public relies on the Internet for many important daily functions, including educational research and political organizing. Internet companies, consumer-advocacy groups and Democratic officials have generally been in favor of net-neutrality rules.