{"id":"nsw:sl-2020-0467","name":"Children (Community Service Orders) Regulation 2020","slug":"children-community-service-orders-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"467 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176433,"registerId":"nsw-nsw:sl-2020-0467-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Children (Community Service Orders) Regulation 2020](/view/html/inforce/current/sl-2020-0467).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Children (Community Service Orders) Regulation 2015](/view/html/repealed/current/sl-2015-0456), which would otherwise be repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > offender means a person in respect of whom a children’s community service order is in force.\n> > \n> > the Act means the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056).\n> > \n> > work site means a place at which an offender performs, or is required to perform, community service work.\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conditions of community service work","content":"# Part 2 Conditions of community service work\n\nPart 2 Conditions of community service work","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Maximum hours of work per day","content":"#### 4 Maximum hours of work per day\n\n4 Maximum hours of work per day\n\n> > (1) The maximum number of hours of community service work that an offender may be required to perform in a day is 8.\n> \n> > (2) However, an offender may agree to perform more community service work in a day.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Tea breaks and meal breaks","content":"#### 5 Tea breaks and meal breaks\n\n5 Tea breaks and meal breaks\n\n> > (1) An offender is to be given tea breaks as the offender’s assigned officer or supervisor thinks fit.\n> \n> > (2) However, an offender is not entitled to tea breaks at a rate greater than 5 minutes for each hour for which the offender is actually engaged in performing community service work.\n> \n> > (3) An offender who has been engaged in performing community service work continuously for 4 hours is entitled to a meal break of 1 hour.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Computation of hours of work performed","content":"#### 6 Computation of hours of work performed\n\n6 Computation of hours of work performed\n\n> > (1) The following periods of time are to be taken to form part of the time spent by an offender in performing community service work—\n> > \n> > > (a) time spent by the offender at the offender’s work site—\n> > > \n> > > > (i) while actually engaged in performing community service work, and\n> > > \n> > > > (ii) in having a meal break or tea break, and\n> > > \n> > > > (iii) in accordance with a direction given by the assigned officer or a supervisor,\n> > \n> > > (b) as determined by the offender's assigned officer, the reasonable time for the offender to travel between the offender’s place of residence and the offender’s work site,\n> > \n> > > (c) time that elapses between the offender’s early release from community service work on any day and the time when the offender would (but for the early release) otherwise have been released.\n> \n> > (2) The assigned officer for an offender may determine that the whole or any part of the time spent by the offender performing community service work on a day is not to count if the offender, while at the work site on that day—\n> > \n> > > (a) is under the influence of drugs or alcohol, or\n> > \n> > > (b) behaves in an offensive manner.\n> \n> > (3) The periods of time referred to in subclauses (1)(b) and (2) are to be determined by the offender’s assigned officer in accordance with any relevant directions given by the Secretary.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Offenders to comply with certain requirements","content":"#### 7 Offenders to comply with certain requirements\n\n7 Offenders to comply with certain requirements\n\n> > (1) An offender must, while performing community service work—\n> > \n> > > (a) comply with any standards of dress, cleanliness or conduct that may be specified by the assigned officer from time to time, and\n> > \n> > > (b) keep in good order and condition clothing and equipment issued to the offender in connection with the performance of that work.\n> \n> > (2) An offender must not damage or deface property that is on or forms part of a work site otherwise than in the course of performing community service work in accordance with the directions of the assigned officer or supervisor.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Inability of offender to comply with certain directions","content":"#### 8 Inability of offender to comply with certain directions\n\n8 Inability of offender to comply with certain directions\n\n> > (1) An offender who is directed to do anything that the offender is incapable of doing, is not required to do that thing if—\n> > \n> > > (a) the offender advises the assigned officer or supervisor as soon as practicable, and\n> > \n> > > (b) the assigned officer or supervisor is satisfied that the offender is incapable of doing that thing.\n> \n> > (2) In order to be satisfied, the assigned officer or supervisor may require the offender to furnish a certificate issued by a registered medical practitioner to the effect that the offender is incapable of doing the thing concerned.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Travelling and transport arrangements","content":"#### 9 Travelling and transport arrangements\n\n9 Travelling and transport arrangements\n\n> The Secretary may, if the Secretary thinks fit—\n> \n> > (a) provide transport for an offender between the offender’s work site and the offender’s place of residence, or\n> \n> > (b) reimburse the offender for the offender’s expenses in travelling between the offender’s work site and the offender’s place of residence or in performing community service work.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Work sites—authorities of the State","content":"#### 10 Work sites—authorities of the State\n\n10 Work sites—authorities of the State\n\n> > (1) For the purposes of section 18(1A)(b) of the Act, the following authorities of the State are prescribed—\n> > \n> > > (a) a Public Service agency specified in Schedule 1 to the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),\n> > \n> > > (b) a council or county council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (2) For the purposes of section 18(1A)(b) of the Act, community service work may only be performed for an authority of the State prescribed by this clause in circumstances where arrangements satisfactory to the Secretary have been made in relation to the availability, location and type of work to be performed.\n> \n> Note.\n> \n> Section 18(1) of the Act provides that an assigned officer must not direct a person in respect of whom a children’s community service order is in force to perform community service work if, in performing the work, the person would take the place of another person who would otherwise be employed in that work as a regular employee. However, section 18(1A)(b) provides that section 18(1) does not prevent a direction being given that would otherwise contravene that prohibition as long as the community service work is to be performed for such authorities of the State, in such circumstances, as are prescribed by the regulations.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Service of documents","content":"#### 11 Service of documents\n\n11 Service of documents\n\n> > (1) Service of a document under the Act or this Regulation is to be treated as having been effected if it is served by post at the last known address of the person on whom the document is required to be served.\n> \n> > (2) In addition, a children’s community service order made by an authorised justice is taken to have been effectively served if a copy of the children’s community service order is served personally on the person to whom the order relates.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Appointment of assigned officers","content":"#### 12 Appointment of assigned officers\n\n12 Appointment of assigned officers\n\n> > (1) For the purposes of section 16(1) of the Act, the Secretary may appoint a person who is, in the opinion of the Secretary, suitably qualified and of suitable character as an assigned officer in respect of the administration of a children’s community service order.\n> \n> > (2) A person so appointed is entitled to be paid remuneration (including travelling and subsistence allowances) as determined by the Secretary in respect of the person, unless the person is an officer or temporary employee of the Public Service.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Appointment of supervisors","content":"#### 13 Appointment of supervisors\n\n13 Appointment of supervisors\n\n> > (1) The Secretary may appoint a person who is, in the opinion of the Secretary, suitably qualified and of suitable character to supervise persons in the performance of community service work.\n> \n> > (2) A person so appointed is entitled to be paid remuneration (including travelling and subsistence allowances) as determined by the Secretary in respect of the person, unless the person is an officer or temporary employee of the Public Service.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Supervisor to report to assigned officer","content":"#### 14 Supervisor to report to assigned officer\n\n14 Supervisor to report to assigned officer\n\n> A supervisor must, when required by an assigned officer to do so, report to the assigned officer on any matter relating to an offender under the supervisor’s supervision.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Applications for extension of order","content":"#### 15 Applications for extension of order\n\n15 Applications for extension of order\n\n> An application under section 20A of the Act for the extension of the period for which a children’s community service order is in force must be in writing and in the form determined by the Secretary from time to time (if any).","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Application for revocation of order","content":"#### 16 Application for revocation of order\n\n16 Application for revocation of order\n\n> An application under section 21 of the Act for the revocation of a children’s community service order must be in writing and in the form determined by the President of the Children’s Court from time to time (if any).","sortOrder":18},{"sectionNumber":"16A","sectionType":"section","heading":null,"content":"#### 16A\n\n16A (Repealed)","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Savings","content":"#### 17 Savings\n\n17 Savings\n\n> > (1) The [Children (Community Service Orders) Regulation 2015](/view/html/repealed/current/sl-2015-0456) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Children (Community Service Orders) Regulation 2015](/view/html/repealed/current/sl-2015-0456), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":21}],"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation repeals and replaces the 2015 Regulation but clause 17(2) preserves any act, matter or thing that had effect under the 2015 Regulation. The instrument therefore maintains the prior operational scope while consolidating rules on hours, breaks, time computation, travel, appointments and service of documents (cls 4–13, 17)."},"complexity_factors":["Narrow, operational scope focused on administration of community service orders (Part 2 and Part 3).","Administrative discretion granted to the Secretary for appointments, remuneration and reimbursements (cls 9, 12–13).","Assigned officers have discretion to determine travel time and to exclude time for misconduct (cl.6(1)(b), cl.6(2)–(3)).","Cross-references to the Act and other statutes for definitions and limits (cl.3 and notes).","Procedural prescriptions (forms, service by post or personal service) that impose compliance steps on agencies and offenders (cls 11, 15–16).","Prescriptive but concise rules on hours, breaks and what counts as work time requiring operational implementation at work sites (cls 4–6).","Vagueness in some criteria (eg, \"satisfactory\" arrangements for State work sites) creating implementation discretion for the Secretary (cl.10(2))."],"plain_english_summary":"This Regulation sets operational rules for children’s community service orders: limits daily hours and breaks, defines what counts as work time (including travel), permits travel reimbursement, prescribes which State authorities may be work sites, and sets rules for service of documents and appointment of officers. It affects offenders, the Secretary, assigned officers and supervisors: the Secretary controls appointments and reimbursements (cls 9, 12–13), assigned officers set travel time and some sanctions (cls 6–7), and offenders must meet dress, conduct and reporting requirements (cls 6–8). It repeals the 2015 Regulation but preserves prior effects (cl.17)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation remains focused on its original purpose: operational details for administering children's community service orders. It replaces the 2015 version without expanding into new policy areas."},"complexity_factors":["Only 3 defined terms in the interpretation section (offender, the Act, work site)","Straightforward structure with 3 Parts and 17 clauses (one repealed)","Minimal cross-referencing—primarily references to the parent Act (Children (Community Service Orders) Act 1987) and a few other statutes","Simple conditional logic (e.g., 'maximum 8 hours... however, may agree to more')","No nested exceptions or highly technical provisions","Procedural provisions are direct and operational in nature"],"plain_english_summary":"This Regulation sets out the practical rules for how children’s community service orders work in New South Wales. A community service order is a court sentence where a young person (an 'offender' under this law) must do unpaid work instead of going to detention.\n\n**What it covers:**\n\n*   **Work conditions:** Young people can work a maximum of 8 hours per day (though they can agree to do more), and they get tea breaks (up to 5 minutes per hour) and a 1-hour meal break after 4 hours of continuous work.\n*   **What counts as work time:** Time actually working, breaks, travel time between home and the work site (as determined by their assigned officer), and early release time all count toward completing the order. However, if a young person shows up drunk, on drugs, or behaves offensively, that time might not count.\n*   **Behaviour rules:** They must follow dress and conduct standards, look after any equipment issued to them, and not damage property.\n*   **If they can't do the work:** If a medical condition prevents them from doing specific tasks, they can provide a doctor's certificate to be excused.\n*   **Transport:** The government can provide transport or pay travel expenses for getting to and from work sites.\n*   **Where they can work:** Work can be done for government agencies (Public Service) or local councils, provided arrangements are satisfactory to the Secretary. This is an exception to the usual rule that community service workers can't replace regular employees.\n*   **Administration:** It explains how documents are served (delivered), how 'assigned officers' and 'supervisors' are appointed and paid, and the forms needed to extend or cancel an order.\n\n**Who it affects:** Children and young people subject to community service orders, the officers who manage them, supervisors at work sites, and government agencies that host community service work.\n\n**Why it matters:** It ensures community service orders are administered fairly and consistently, protecting young people's rights (breaks, travel time, medical exemptions) while ensuring they complete their sentences properly."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata, there is no indication that the scope of this regulation has changed from its original intent. It remains focused on the administration of community service orders for children in NSW, consistent with its title and parent legislation. The multiple amendments suggest refinement of operational detail rather than any expansion or contraction of fundamental scope."},"complexity_factors":["The substantive content of the regulation was not provided — only metadata, version history, and status information were available for analysis, preventing assessment of the regulation's actual provisions","Operates as subordinate legislation (a regulation under an Act), requiring cross-reference to the parent Act to fully understand its effect","Has undergone multiple amendments since 2020, creating a version history that practitioners must navigate carefully","Automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer","Deals with a sensitive area of law (youth justice) that intersects child protection, criminal law, and administrative law"],"plain_english_summary":"This NSW regulation provides the practical rules for administering community service orders for young people — detailing how orders are supervised, recorded and implemented — supporting the Children (Community Service Orders) Act. It affects youth subject to orders, the agencies and community organisations that supervise them, and legal practitioners and magistrates. Note: the regulation is scheduled for automatic repeal on 1 September 2026 unless renewed or replaced."}},"importantCases":[],"_links":{"self":"/api/acts/children-community-service-orders-regulation-2020","history":"/api/acts/children-community-service-orders-regulation-2020/history","analysis":"/api/acts/children-community-service-orders-regulation-2020/analysis","conflicts":"/api/acts/children-community-service-orders-regulation-2020/conflicts","importantCases":"/api/acts/children-community-service-orders-regulation-2020/important-cases","documents":"/api/acts/children-community-service-orders-regulation-2020/documents"}}