{"id":"tas:sr-2023-082","name":"Child and Youth Safe Organisations Regulations 2023","slug":"child-and-youth-safe-organisations-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"82 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179433,"registerId":"tas-tas:sr-2023-082-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Child and Youth Safe Organisations Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-082) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Child and Youth Safe Organisations Act 2023](/view/html/inforce/2026-04-12/act-2023-006) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed recognised Aboriginal organisation and prescribed recognised Torres Strait Islander organisation","content":"### 4 Prescribed recognised Aboriginal organisation and prescribed recognised Torres Strait Islander organisation\n\n> For the purposes of [the definitions of ***recognised Aboriginal organisation***](/view/html/inforce/2026-04-12/act-2023-006#GS4@Nd205948@EN) and [***recognised Torres Strait Islander organisation*** in section 4](/view/html/inforce/2026-04-12/act-2023-006#GS4@Nd205949@EN) of the Act, an organisation that is an Aboriginal and/or Torres Strait Islander Community-Controlled Organisation, within the meaning of clause 44 of the *National Agreement on Closing the Gap* published by the Department of the Prime Minister and Cabinet of the Commonwealth in July 2020, as amended or substituted from time to time, is prescribed.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Police Service is prescribed entity","content":"### 4A Police Service is prescribed entity\n\n> [*\\[Regulation 4A Inserted by S.R. 2026, No. 18, Applied:01 Apr 2026\\]*](/view/html/inforce/2026-04-01/sr-2026-018#GS4@EN)\n> \n> > (1)  For the purposes of [section 5](/view/html/inforce/2026-04-12/act-2023-006#GS5@EN) of the Act, the Police Service is prescribed as an entity.\n> \n> > (2)  For the purposes of the definition of ***head*** in [section 4](/view/html/inforce/2026-04-12/act-2023-006#GS4@EN) of the Act, the Commissioner of Police is prescribed as the head of the entity prescribed under [subregulation (1)](#GS4A@Gs1@EN) .\n> \n> > (3)  For the purposes of the definition of ***relevant entity*** in [section 4](/view/html/inforce/2026-04-12/act-2023-006#GS4@EN) of the Act, the Police Service is prescribed as a relevant entity.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed reportable conduct","content":"### 5 Prescribed reportable conduct\n\n> For the purposes of [section 7(2)(g)](/view/html/inforce/2026-04-12/act-2023-006#GS7@Gs2@Hpg@EN) of the Act, the following offences, if committed against, with or in the presence of a child, whether or not criminal proceedings in relation to the offence have been commenced or concluded, are reportable conduct:\n> \n> > > (a) an offence under Division 270 of the *Criminal Code Act 1995* of the Commonwealth;\n> > \n> > > (b) an offence under [section 124A](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS124A@EN) or [125E of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS125E@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ;\n> > \n> > > (c) an offence under [section 298](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS298@EN) , [299](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS299@EN) or [300 of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS300@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) in respect of an offence specified in [paragraph (b)](#GS5@Hpb@EN) .","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed persons by whom, and to whom, information may be disclosed","content":"### 6 Prescribed persons by whom, and to whom, information may be disclosed\n\n> For the purposes of [section 40(3)(k)](/view/html/inforce/2026-04-12/act-2023-006#GS40@Gs3@Hpk@EN) of the Act, the following persons and purposes are prescribed:\n> \n> > > (a) the Health Complaints Commissioner appointed under [section 5 of the](/view/html/inforce/2026-04-12/act-1995-095#GS5@EN) [Health Complaints Act 1995](/view/html/inforce/2026-04-12/act-1995-095) , for the purpose of the performance of a function conferred on the Health Complaints Commissioner under that Act or the Act;\n> > \n> > > (b) the Ombudsman appointed under [section 5 of the](/view/html/inforce/2026-04-12/act-1978-082#GS5@EN) [Ombudsman Act 1978](/view/html/inforce/2026-04-12/act-1978-082) , for the purpose of the performance of a function conferred on the Ombudsman under that Act or the Act;\n> > \n> > > (c) the Custodial Inspector appointed under [section 5 of the](/view/html/inforce/2026-04-12/act-2016-030#GS5@EN) [Custodial Inspector Act 2016](/view/html/inforce/2026-04-12/act-2016-030) , for the purpose of the performance of a function conferred on the Custodial Inspector under that Act or the Act.","sortOrder":6},{"sectionNumber":"6A.","sectionType":"section","heading":null,"content":"### 6A.\n\n[*\\[Regulation 6A Inserted by S.R. 2024, No. 79, Applied:27 Nov 2024\\]*](/view/html/inforce/2024-11-27/sr-2024-079#GS4@EN) [*\\[Regulation 6A Rescinded by S.R. 2023, No. 82, Applied:27 Nov 2025\\]*](/view/html/inforce/2025-11-27/sr-2023-082#GS6A@Gs3@EN)","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Infringement offences","content":"### 7 Infringement offences\n\n> For the purposes of [section 59](/view/html/inforce/2026-04-12/act-2023-006#GS59@EN) of the Act –\n> \n> > > (a) an offence against [section 34(2)](/view/html/inforce/2026-04-12/act-2023-006#GS34@Gs2@EN) of the Act is prescribed as an infringement offence, and the penalty payable in respect of that offence is 24 penalty units; and\n> > \n> > > (b) an offence against [section 45](/view/html/inforce/2026-04-12/act-2023-006#GS45@EN) of the Act is prescribed as an infringement offence, and the penalty payable in respect of that offence –\n> > > \n> > > > > (i) in the case of a worker, is 24 penalty units; and\n> > > > \n> > > > > (ii) in the case of an entity, or entity regulator, is 72 penalty units.\n> > \n> > > (c) an offence against [section 46](/view/html/inforce/2026-04-12/act-2023-006#GS46@EN) of the Act is prescribed as an infringement offence, and the penalty payable in respect of that offence –\n> > > \n> > > > > (i) in the case of a worker, is 24 penalty units; and\n> > > > \n> > > > > (ii) in the case of an entity, or entity regulator, is 72 penalty units.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 November 2023\n\nThese regulations are administered in the Department of Justice.","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations operationalise the statutory framework of the Child and Youth Safe Organisations Act by prescribing particular organisations, offences, disclosure recipients and penalty amounts. They do not introduce powers outside the Act’s enabling authority; instead they fill the Act’s delegated‑legislation slots (who is a recognised Indigenous organisation, which entities are prescribed, which offences are reportable, who may receive disclosed information, and which contraventions are infringement offences). The insertion of the Police Service and historical insertions/rescissions are examples of exercising the Act’s prescription power rather than a material enlargement of the Act’s overall purpose."},"complexity_factors":["Short instrument (7 numbered regulations plus title/commencement/interpretation)","Multiple cross‑references to the Child and Youth Safe Organisations Act 2023 and to several other Commonwealth Acts (Criminal Code Act 1995; Criminal Code; Health Complaints Act 1995; Ombudsman Act 1978; Custodial Inspector Act 2016)","Reference to an external, non‑statutory instrument (clause 44 of the National Agreement on Closing the Gap) that may be amended independently","Differentiated penalty structure (separate penalty amounts for workers versus entities/entity regulators) in Regulation 7","Conditional prescription of reportable conduct that applies irrespective of the status of criminal proceedings (creates parallel administrative/criminal interaction)","Amendment history recorded in the text (Regulation 6A inserted then rescinded; Regulation 4A inserted) which adds interpretive complexity for users checking current effect"],"plain_english_summary":"**What these regulations do (mechanically)**\n\n- They give practical detail to the Child and Youth Safe Organisations Act 2023 by naming specific organisations, offences, disclosure recipients and civil penalties that fall within the Act’s framework.\n- Key prescriptions: \n  - Recognised Aboriginal and Torres Strait Islander organisations: an organisation that is an Aboriginal and/or Torres Strait Islander Community‑Controlled Organisation (as defined in clause 44 of the National Agreement on Closing the Gap) is treated as a prescribed recognised Aboriginal or Torres Strait Islander organisation for the Act (Regulation 4).\n  - Police Service: the Police Service is prescribed as an entity subject to the Act, the Commissioner of Police is prescribed as the head of that entity, and the Police Service is prescribed as a relevant entity for the Act’s purposes (Regulation 4A).\n  - Reportable conduct: certain Commonwealth criminal offences, when committed against, with or in the presence of a child, are specified as reportable conduct under the Act — including offences in Division 270 of the Criminal Code Act 1995 and specified sections of the Criminal Code (Regulation 5). The prescription applies whether or not criminal proceedings have been started or finished.\n  - Information sharing: three oversight officers are authorised recipients of information for performing their statutory functions — the Health Complaints Commissioner, the Ombudsman, and the Custodial Inspector — to the extent needed to perform functions under their own Acts or under the Child and Youth Safe Organisations Act (Regulation 6).\n  - Infringement offences and penalties: particular breaches of the Act are declared infringement offences and assigned penalty unit amounts. Some penalties distinguish the position of the actor (worker vs entity/entity regulator) — for example, 24 penalty units for a worker and 72 penalty units for an entity in respect of particular offences (Regulation 7).\n- Commencement is immediate on notification in the Gazette (Regulation 2). The regulations are short and rely on cross‑references to the principal Act and other Commonwealth statutes (Regulation 3 and each prescription).\n\n**Why these prescriptions matter (official purpose and practical effects)**\n\n- Official purpose: the regulations operationalise the Act by identifying who counts as a recognised Indigenous organisation, which organisations are covered (including the Police Service), which criminal conduct must be treated as reportable, who may receive shared information for oversight, and which contraventions may be dealt with by infringement notices and at what monetary level.\n\n- Practical effects and who is affected: \n  - Entities and workers covered by the Act (now explicitly including Police Services where prescribed) must meet the Act’s obligations in relation to children and youth and may face administrative sanctions (infringements) for specified breaches (Regulations 4A, 5, 7).\n  - Recognised Indigenous community‑controlled organisations obtain the Act’s recognition treatment by reference to an external national agreement (Regulation 4).\n  - Oversight bodies (Health Complaints Commissioner, Ombudsman, Custodial Inspector) are explicitly authorised as recipients of disclosed information when performing statutory functions (Regulation 6). That enables administrative cooperation across oversight agencies but requires entities to manage records and privacy law interactions.\n\n**Costs, incentives and operational trade‑offs**\n\n- Who pays: directly, workers and entities that breach the prescribed provisions may incur infringement penalties; more generally, regulated entities bear compliance costs to implement reporting, recordkeeping and information‑sharing policies required by the Act and these regulations (Regulation 7).\n- Who decides: the regulations prescribe categories (which organisations are recognised, which offences are reportable, who may receive information); the Act’s enforcement and the discretion to issue infringement notices or other regulatory responses will be exercised by the responsible regulator under the Act.\n- Behavioural effects and incentives:\n  - Entities face stronger incentives to detect, report and record conduct specified as reportable (Regulation 5), including conduct regardless of whether criminal proceedings exist; that creates a parallel administrative reporting obligation alongside any criminal process.\n  - Differential penalties (worker v entity/entity regulator) create stronger financial deterrents for organisations than for individual workers in some cases (Regulation 7).\n- Implementation risks and dependencies:\n  - The regulations rely on external instruments and other statutes (the National Agreement on Closing the Gap; various Commonwealth Criminal Code provisions; the Health Complaints Act; the Ombudsman Act; the Custodial Inspector Act). Changes to those external instruments or cross‑referenced provisions can change how these regulations operate in practice (Regulations 4, 5, 6).\n  - The regulations have been amended historically (e.g., Regulation 6A was inserted and later rescinded; Regulation 4A was inserted in 2026). That history shows the policy settings can change by further amendment, which affects predictability for regulated entities.\n\n**Concentrated benefits, diffuse costs and likely administrative consequences**\n\n- Concentrated benefits: prescribed recognition for Aboriginal and Torres Strait Islander community‑controlled organisations (Regulation 4) clarifies status and may reduce uncertainty for those specific organisations.\n- Diffuse costs: many regulated entities (including the Police Service where prescribed) will need to adapt policies, training, recordkeeping and reporting systems to meet the Act plus these regulations; those costs are spread across many organisations.\n- Possible substitution or duplication: the rule that conduct is reportable even if criminal proceedings have not started or been concluded (Regulation 5) can produce overlapping administrative and criminal processes; entities will need procedures to manage parallel obligations and confidentiality limits.\n\n**Bottom line (mechanical summary)**\n- These regulations add concrete, operational definitions and lists to the Child and Youth Safe Organisations Act 2023: they name certain Indigenous organisations as recognised, prescribe the Police Service as an entity and its Commissioner as head, list specified criminal offences as reportable conduct, permit specified oversight bodies to receive disclosed information for statutory functions, and convert several Act breaches into infringement offences with set penalty unit amounts. They therefore convert statutory powers into actionable obligations and penalties that regulated organisations and workers must follow."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Child and Youth Safe Organisations Act 2023. The addition of Regulation 4A (Police Service) in 2026 represents an expansion of coverage to a specific entity type, but this is consistent with the Act's original intent to cover organisations working with children. There is no scope creep into unrelated policy areas."},"complexity_factors":["Only 1 defined term in the interpretation section ('Act')","Straightforward prescriptive structure — each regulation performs a single, clear function","Minimal cross-referencing (primarily to the parent Act and external documents like the Closing the Gap agreement)","No nested conditional logic or exceptions within exceptions","Short length (7 substantive regulations plus 1 inserted and rescinded provision)","Regulation 6A appears to be a transitional/editorial note (inserted then rescinded) rather than operative complexity"],"plain_english_summary":"These regulations support the Child and Youth Safe Organisations Act 2023, which aims to protect children and young people from harm in organisations that work with them.\n\n**What these regulations do:**\n\n* **Define which Aboriginal and Torres Strait Islander organisations are covered**: Organisations that are \"Aboriginal and/or Torres Strait Islander Community-Controlled Organisations\" under the National Agreement on Closing the Gap are officially recognised under the Act.\n\n* **Bring the Police Service under the scheme**: The Tasmania Police Service is now explicitly covered by the Act, with the Commissioner of Police designated as the responsible head. This means police must comply with child safety requirements like other covered organisations.\n\n* **List specific crimes that must be reported**: Certain serious offences become \"reportable conduct\" when committed against, with, or in front of a child. These include:\n  * Commonwealth child sexual abuse offences (Division 270 of the Criminal Code)\n  * Tasmanian offences involving sexual abuse of children and young people\n  * Attempts to commit these offences\n\n* **Allow information sharing with oversight bodies**: The regulations permit disclosure of information to the Health Complaints Commissioner, the Ombudsman, and the Custodial Inspector so they can perform their watchdog functions.\n\n* **Set fines for breaking the rules**: Specific offences under the main Act can be dealt with through infringement notices (on-the-spot fines) rather than court proceedings:\n  * **24 penalty units** for individual workers who breach certain requirements\n  * **72 penalty units** for organisations or regulators who breach requirements\n\n**Who this affects:**\nAny organisation or person covered by the Child and Youth Safe Organisations Act 2023, including government agencies, non-government services, and now explicitly the Tasmania Police Service.\n\n**Why it matters:**\nThese regulations fill in the practical details that make the main Act work — defining which organisations are covered, what specific behaviour triggers reporting obligations, who can receive sensitive information, and what penalties apply for non-compliance. The inclusion of police is particularly significant as it extends child safety oversight to law enforcement."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the metadata available, there is no indication that the scope of the Regulations has materially changed from the original intent of the parent Act. The Regulations appear to remain focused on implementing child and youth safety obligations for organisations operating in Tasmania. However, the existence of amending instruments (referenced in the Table of Amendments) suggests some refinements have been made since the original 2023 version."},"complexity_factors":["Regulations operate as subordinate legislation beneath a parent Act, requiring knowledge of both instruments to understand the full legal framework","Child safety law in Australia involves overlapping state, territory, and Commonwealth frameworks, adding contextual complexity","Organisations subject to these rules may span diverse sectors (education, sport, religion, healthcare), each with their own additional compliance obligations","Only administrative metadata was provided — the actual regulatory content could introduce significantly more complexity depending on its scope and detail","Regulations can be amended more frequently than Acts, meaning compliance obligations may shift over time (note the April 2026 update)"],"plain_english_summary":"These Regulations give practical rules under the Child and Youth Safe Organisations Act to make Tasmanian organisations that work with children safer — affecting schools, clubs, churches, childcare centres, staff, volunteers and families. They set out how to manage safety risks (screening, reporting, record-keeping, conduct and training) and matter because non‑compliance can carry legal consequences. The full regulatory text is needed for exact obligations."}},"importantCases":[],"_links":{"self":"/api/acts/child-and-youth-safe-organisations-regulations-2023","history":"/api/acts/child-and-youth-safe-organisations-regulations-2023/history","analysis":"/api/acts/child-and-youth-safe-organisations-regulations-2023/analysis","conflicts":"/api/acts/child-and-youth-safe-organisations-regulations-2023/conflicts","importantCases":"/api/acts/child-and-youth-safe-organisations-regulations-2023/important-cases","documents":"/api/acts/child-and-youth-safe-organisations-regulations-2023/documents"}}