{"id":"nsw:sl-2021-0455","name":"Children (Criminal Proceedings) Regulation 2021","slug":"children-criminal-proceedings-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"455 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176273,"registerId":"nsw-nsw:sl-2021-0455-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 (Criminal Proceedings) Regulation 2021](/view/html/inforce/current/sl-2021-0455).","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 This Regulation repeals and replaces the [Children (Criminal Proceedings) Regulation 2016](/view/html/repealed/current/sl-2016-0555), which would otherwise be repealed on 1 September 2021 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> applied Act means the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092), as applied by the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), section 33C.\n> \n> approved form means a form approved by the Minister.\n> \n> the Act means the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055).\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.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Serious children’s indictable offence","content":"#### 4 Serious children’s indictable offence\n\n4 Serious children’s indictable offence\n\n> For the purposes of the Act, section 3(1), definition of serious children’s indictable offence, paragraph (e), an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 80A in which the victim of the offence was under the age of 10 years when the offence occurred is prescribed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Lists of adults willing to attend interviews","content":"#### 5 Lists of adults willing to attend interviews\n\n5 Lists of adults willing to attend interviews\n\n> The Commissioner of Police may arrange for the preparation and maintenance of lists of adults who are willing to be called on to be present when a child is making or giving a statement, confession, admission or information as referred to in the Act, section 13.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Background reports","content":"#### 6 Background reports\n\n6 Background reports\n\n> For the purposes of the Act, section 25(2)(a), a background report must—\n> \n> > (a) be in the approved form, and\n> \n> > (b) include details of any of the following matters relevant to the circumstances surrounding the commission of the offence—\n> > \n> > > (i) the child’s family background,\n> > \n> > > (ii) the child’s employment,\n> > \n> > > (iii) the child’s education,\n> > \n> > > (iv) the child’s friends and associates,\n> > \n> > > (v) the nature and extent of the child’s participation in community life,\n> > \n> > > (vi) the child’s disabilities,\n> > \n> > > (vii) the child’s antecedents,\n> > \n> > > (viii) other relevant matters requested by the Children’s Court,\n> > \n> > > (ix) other matters the prosecutor considers appropriate to include in the report.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Explanations to accused persons in committal proceedings","content":"#### 7 Explanations to accused persons in committal proceedings\n\n7 Explanations to accused persons in committal proceedings\n\n> For the purposes of the Act, section 31L, before the commencement of committal proceedings under the Act, Part 3, Division 3A the Magistrate must give the accused person—\n> \n> > (a) an oral explanation in or to the effect of the form set out in Schedule 1, clause 1, and\n> \n> > (b) a written explanation in or to the effect of the form set out in Schedule 1, clause 2.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Conditions that may be imposed by certain orders","content":"#### 8 Conditions that may be imposed by certain orders\n\n8 Conditions that may be imposed by certain orders\n\n> > (1) For the purposes of the Act, section 51(1)(a), the kinds of conditions that may be imposed in relation to an order made under the Act, section 33(1) that provides for the child to enter into a good behaviour bond or releases the child on probation include the following—\n> > \n> > > (a) conditions requiring the child to attend school regularly,\n> > \n> > > (b) conditions relating to the child’s employment,\n> > \n> > > (c) conditions aimed at preventing the child from committing further offences,\n> > \n> > > (d) conditions relating to the child’s place of residence,\n> > \n> > > (e) conditions requiring the child to undergo counselling or medical treatment,\n> > \n> > > (f) conditions limiting or prohibiting the child from associating with specified persons,\n> > \n> > > (g) conditions limiting or prohibiting the child from frequenting specified premises,\n> > \n> > > (h) conditions requiring the child to comply with the directions of a specified person in relation to a matter referred to in paragraphs (a)–(g),\n> > \n> > > (i) conditions relating to other matters the court considers appropriate in relation to the child.\n> \n> > (2) For the purposes of the Act, section 51(1)(a), if the Children’s Court makes an order releasing a child on probation under the Act, section 33(1)(e) (the probation order) and makes an order requiring the child to perform community service work under the Act, section 33(1)(f) (the community service work order), the probation order may include a condition requiring the child to comply with the community service work order.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Explanatory material for orders","content":"#### 9 Explanatory material for orders\n\n9 Explanatory material for orders\n\n> > (1) The Minister is to arrange for the preparation and maintenance of material to be given to children the subject of orders under the Act, section 33(1).\n> \n> > (2) The material must be expressed in language readily capable of being understood by children and must include a description of the following in relation to a particular order—\n> > \n> > > (a) the requirements imposed by the order,\n> > \n> > > (b) the consequences that may follow if the requirements are not observed,\n> > \n> > > (c) the rights of appeal in relation to the order,\n> > \n> > > (d) the rights in relation to the variation of the order,\n> > \n> > > (e) the grounds on which an application for a variation may be made.\n> \n> > (3) The person responsible for supplying the material to a particular child must make all reasonable efforts to explain the material orally to the child.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Authorised officers","content":"#### 10 Authorised officers\n\n10 Authorised officers\n\n> For the purposes of the Act, section 39, definition of authorised officer, the persons employed in the Department of Communities and Justice who are assigned to the following roles are declared to be authorised officers—\n> \n> > (a) Executive Director, Youth Justice,\n> \n> > (b) Director, Operational Standards and Compliance, Youth Justice,\n> \n> > (c) Regional Director, Youth Justice,\n> \n> > (d) Area Manager, Youth Justice Community Offices,\n> \n> > (e) Manager, Youth Justice Community Offices,\n> \n> > (f) Assistant Manager, Youth Justice Community Offices,\n> \n> > (g) Principal Psychologist, Youth Justice,\n> \n> > (h) Youth Justice Officer,\n> \n> > (i) Youth Justice Counsellor,\n> \n> > (j) Youth Justice Professional Development Officer.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Consultation required before conditions as to residence or treatment imposed on parole—the Act, s 51(1)(c)","content":"#### 11 Consultation required before conditions as to residence or treatment imposed on parole—the Act, s 51(1)(c)\n\n11 Consultation required before conditions as to residence or treatment imposed on parole—the Act, s 51(1)(c)\n\n> Before the Children’s Court imposes a condition relating to residence or treatment on a parole order, the court must—\n> \n> > (a) consider a report from a youth justice officer about the detainee’s circumstances, and\n> \n> > (b) satisfy itself, having regard to the youth justice officer’s report, that it is feasible to secure compliance with the condition, and\n> \n> > (c) for a condition requiring the co-operation of a person other than the detainee or a youth justice officer—obtain the consent of the person to the imposition of the condition, to the extent the condition requires the person’s co-operation.\n> \n> **s 11:** Am 2023 No 39, Sch 6.2\\[1\\] \\[2\\].","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Parole orders—the Act, s 51(1)(c)","content":"#### 12 Parole orders—the Act, s 51(1)(c)\n\n12 Parole orders—the Act, s 51(1)(c)\n\n> > (1) A parole order made by the Children’s Court must be in the approved form.\n> \n> > (2) A copy of the order must be—\n> > \n> > > (a) given to the detainee, and\n> > \n> > > (b) sent to the following persons—\n> > > \n> > > > (i) the centre manager of the detention centre in which the detainee is to be kept,\n> > > \n> > > > (ii) the Executive Director, Youth Justice, Department of Communities and Justice.\n> \n> > (3) Copies of the order sent to the centre manager of the detention centre are, if practicable, to be sent so the copies arrive at the detention centre at or before the time the detainee arrives.\n> \n> **s 12:** Am 2023 No 39, Sch 6.2\\[3\\] \\[4\\].","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Warrants of commitment","content":"#### 13 Warrants of commitment\n\n13 Warrants of commitment\n\n> A warrant of commitment referred to in the applied Act, section 62 must be in the approved form.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Repeal and savings","content":"#### 14 Repeal and savings\n\n14 Repeal and savings\n\n> > (1) The [Children (Criminal Proceedings) Regulation 2016](/view/html/repealed/current/sl-2016-0555) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Children (Criminal Proceedings) Regulation 2016](/view/html/repealed/current/sl-2016-0555), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Transitional provision consequent on enactment of Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025—the Act, Sch 2, cl 1(1)","content":"#### 15 Transitional provision consequent on enactment of Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025—the Act, Sch 2, cl 1(1)\n\n15 Transitional provision consequent on enactment of [Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025](/view/pdf/asmade/act-2025-83)—the Act, Sch 2, cl 1(1)\n\n> > (1) The Act, section 5(8)(b), as inserted by the amending Act, does not apply during the transition period.\n> \n> > (2) During the transition period, in determining whether the presumption in the Act, section 5(2) has been rebutted, a court must not have regard to an admission made by the child in order to be eligible for a caution or youth justice conference as referred to in the [Young Offenders Act 1997](/view/html/inforce/current/act-1997-054).\n> \n> > (3) In this section—\n> > \n> > amending Act means the [Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025](/view/pdf/asmade/act-2025-83).\n> > \n> > transition period means the period beginning on the commencement of this section and ending on the commencement of the amending Act, Schedule 2\\[9\\].\n> \n> **s 15:** Ins 2026 (57), Sch 1.","sortOrder":15},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Explanations to accused persons in committal proceedings","content":"# Schedule 1 Explanations to accused persons in committal proceedings\n\nSchedule 1 Explanations to accused persons in committal proceedings\n\nsection 7\n\n1 Form of oral explanation\n\n2 Form of written explanation","sortOrder":16},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":"Purpose of proceedings","content":"#### sch.1-sec Purpose of proceedings\n\nPurpose of proceedings\n\n> All the evidence against you has now been presented by the prosecution. I now have to decide if your case is to go to trial or not. I decide this by looking at all the evidence.\n> \n> I am now going to explain the next steps in the process. You will also be given a written explanation with more details about this process and you can talk to your lawyer before you make any decisions.","sortOrder":17},{"sectionNumber":"sch.1-sec-oc.2","sectionType":"section","heading":"Next steps","content":"#### sch.1-sec-oc.2 Next steps\n\nNext steps\n\n> > Step 1 You can ask me to call any of the witnesses who gave a written statement to come to court to give their evidence. If you do not ask for a witness to come to court to give evidence, their written statement will be their only evidence and I will consider the statement when I make my decision.\n> \n> > Step 2 You can also give your own evidence to the court or call your own witnesses. But you do not have to say anything or call your own witnesses unless you want to. However, if you do, it may be recorded and used against you if your case goes to trial.\n> > \n> > You should talk to your lawyer about what to do. Is there anything I have said you do not understand?\n> > \n> > Do you want to speak to your lawyer before I go ahead?\n> > \n> > Do you want to ask me to call any of the witnesses who gave a written statement to come to court to give their evidence?\n> > \n> > Do you want to give any evidence or call your own witnesses in relation to the charge?\n> \n> > If accused person not represented by legal practitioner You have the right to get legal representation or legal advice about your case, or both.\n> > \n> > This is available from Legal Aid NSW. I can grant you an adjournment to find out more about this.\n> > \n> > Do you wish to ask me any questions about anything I have said?\n> > \n> > Do you want me to adjourn the case so you can ask for help from Legal Aid NSW or another lawyer?","sortOrder":18},{"sectionNumber":"sch.1-sec-oc.3","sectionType":"section","heading":"Purpose of proceedings","content":"#### sch.1-sec-oc.3 Purpose of proceedings\n\nPurpose of proceedings\n\n> This form has been given to you because you are facing criminal charges in a committal proceeding. A committal proceeding is when a Magistrate decides if the prosecution has enough evidence for your case to go to trial before a jury in another court.\n> \n> All the evidence against you has now been presented by the prosecution.\n> \n> A Magistrate now has to decide if your case should go to trial or should not go ahead. The Magistrate will decide this by looking at all the evidence heard in court and in witness statements.","sortOrder":19},{"sectionNumber":"sch.1-sec-oc.4","sectionType":"section","heading":"Next steps","content":"#### sch.1-sec-oc.4 Next steps\n\nNext steps\n\n> > Step 1 You can ask a Magistrate to call any of the witnesses who gave a written statement to come to court to give evidence in the committal proceedings.\n> > \n> > If you ask for this, there may be a hearing to decide if this should happen. You may need to tell the Magistrate why this should happen.\n> > \n> > If the Magistrate calls a witness to come to court to give evidence, you can ask the witness questions about what they said in their statement.\n> > \n> > If you do not ask for a witness to come to court to give evidence, their written statement will be their only evidence.\n> \n> > Step 2 You can also give your own evidence to the court or call your own witnesses. Before you say anything, you should know that you do not have to give evidence to the court or call your own witnesses unless you want to. But, if you do, it may be recorded and used against you if your case goes to trial.\n> \n> > If accused person not represented by legal practitioner You have the right to get legal representation or advice about your case. If you want to get legal help you can ask a Magistrate to adjourn your case. This means your case will be put on hold so you can ask for help from Legal Aid NSW or another lawyer.","sortOrder":20}],"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The document only contains website navigation, status information, and metadata — no operative provisions are visible."},"complexity_factors":["Only metadata and navigation content was provided — no substantive provisions are visible, making meaningful legal analysis impossible","The regulation operates as a subordinate instrument (delegated legislation) under a parent Act, adding a layer of legal hierarchy to understand","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a procedural dimension","Multiple point-in-time versions exist, suggesting amendments have been made, though the nature of those changes cannot be assessed from this document"],"plain_english_summary":"This NSW regulation gives detailed rules supporting the Children (Criminal Proceedings) Act 1987, shaping how criminal matters involving children and young people are handled. It directly affects children, their families, lawyers, police and court staff. The publicly available file here only shows metadata, but the regulation is current, amended in Oct 2023 and Mar 2026, and is due for automatic repeal on 1 Sept 2026."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose: operational details for children's criminal proceedings. The 2023 amendments added specific procedural safeguards for parole conditions, and the 2026 amendment added a temporary transitional provision. Neither expansion significantly alters the scope beyond administrative implementation of the parent Act."},"complexity_factors":["Only 4 defined terms in the interpretation section (section 3)","Straightforward structure with 15 sections plus one schedule","Minimal cross-referencing—primarily references to the parent Act (Children (Criminal Proceedings) Act 1987) and one applied Act","No nested exceptions or complex conditional logic; most provisions are directive ('must', 'may include')","Schedule 1 contains plain-language forms for magistrates to read to children, unusually accessible for legislation","Recent amendments (2023, 2026) are minor and surgical—adding specific consultation requirements and a transitional provision—rather than restructuring the instrument"],"plain_english_summary":"This Regulation sets out the practical rules for how children (people under 18) are dealt with in criminal proceedings in New South Wales courts.\n\n**What it does:**\n- **Defines serious offences** involving children, specifically adding offences where the victim was under 10 years old to the list of serious children's indictable offences.\n- **Sets up support systems** for children being questioned by police, allowing the Police Commissioner to maintain lists of adults who can be present during interviews.\n- **Standardises court paperwork**, requiring background reports on children to cover their family, education, employment, and community involvement; and specifying that parole orders and warrants must use approved forms.\n- **Protects children's rights in court** by requiring magistrates to give both oral and written explanations to children facing committal proceedings (the process where a magistrate decides if there's enough evidence for a trial).\n- **Lists possible conditions** for good behaviour bonds and probation orders, such as attending school, getting counselling, or not associating with certain people.\n- **Requires child-friendly explanations** of court orders, ensuring children understand what they're required to do and what happens if they don't comply.\n- **Names specific Youth Justice staff** who have authority to carry out functions under the Act.\n- **Adds safeguards for parole conditions** about where a child must live or what treatment they must receive, requiring court consultation with youth justice officers and consent from anyone whose cooperation is needed.\n- **Includes a temporary rule** (until further legislation takes effect) preventing courts from using a child's admission made to get a caution or youth justice conference when deciding whether to send them to an adult court.\n\n**Who it affects:**\n- Children (under 18) charged with criminal offences in NSW\n- Parents, guardians, and support persons\n- Police, magistrates, and judges\n- Youth Justice officers and counsellors\n- Legal practitioners and Legal Aid\n\n**Why it matters:**\nChildren are treated differently from adults in the criminal justice system. This Regulation fills in the operational details that make those protections real—ensuring kids understand what's happening to them, have appropriate adults present, and receive sentences tailored to their rehabilitation rather than just punishment."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals and replaces the 2016 Regulation (ss 2, 14), and adds or clarifies procedural prescriptions (forms, report content, authorised officer roles, parole consultation). It also institutes a transitional rule tied to the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025 that temporarily excludes reliance on certain admissions when assessing rebuttal of the presumption in the Act (s 15), altering evidentiary scope during the transition period."},"complexity_factors":["Extensive cross-references to other Acts (Children (Criminal Proceedings) Act 1987, Crimes Act 1900, Crimes (Sentencing Procedure) Act 1999, Young Offenders Act 1997) which require users to consult multiple instruments (see definitions, s 3; s 4).","Multiple prescribed procedural forms and materials (approved form requirement; Schedule 1 committal explanations; parole and warrant forms) increasing compliance detail (s 3 definition of approved form; ss 7, 12, 13; Sch 1).","Detailed content requirements for background reports specifying many areas of inquiry (family, education, employment, disabilities, antecedents, etc.) that broaden prosecutorial information-gathering (s 6).","Assignment of decision‑making roles and obligations to several agencies: Minister must arrange explanatory material (s 9); Commissioner of Police may maintain adult-support lists (s 5); Department officers declared authorised officers (s 10).","Parole-condition constraints that require youth justice officer reports, feasibility assessment and third‑party consent when cooperation is needed, adding procedural steps before conditions imposed (s 11).","Transitional provision tied to a 2025 amending Act that temporarily changes evidentiary rules about admissions and rebutting presumptions, creating a temporary different legal test (s 15).","Repeal-and-savings mechanism replacing the 2016 Regulation, requiring attention to continuity and past actions preserved under savings (ss 2, 14).","Mixture of discretionary elements (Minister/Commissioner powers, court’s scope to impose conditions, prosecutor’s discretion to include matters in reports) combined with prescriptive procedural text, increasing interpretive nuance (ss 5, 6, 8, 9)."],"plain_english_summary":"This regulation sets out practical rules for how children are dealt with in criminal proceedings: required forms and explanations at committal, what must go into background reports, who may be an authorised youth-justice officer, parole and warrant paperwork, and who prepares explanatory material and adult-support lists. It affects children charged with offences, the Children’s Court, police, prosecutors, Legal Aid and the Department of Communities and Justice. The Department and police must prepare materials (public cost); the Court and youth‑justice officers decide and must follow specified consultation, consent and reporting steps that change courtroom and case-preparation behaviour."}},"importantCases":[],"_links":{"self":"/api/acts/children-criminal-proceedings-regulation-2021","history":"/api/acts/children-criminal-proceedings-regulation-2021/history","analysis":"/api/acts/children-criminal-proceedings-regulation-2021/analysis","conflicts":"/api/acts/children-criminal-proceedings-regulation-2021/conflicts","importantCases":"/api/acts/children-criminal-proceedings-regulation-2021/important-cases","documents":"/api/acts/children-criminal-proceedings-regulation-2021/documents"}}