{"id":"nsw:sl-2025-0239","name":"Children (Interstate Transfer of Offenders) Regulation 2025","slug":"children-interstate-transfer-of-offenders-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"239 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173723,"registerId":"nsw-sl-2025-0239-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"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 (Interstate Transfer of Offenders) Regulation 2025](/view/html/inforce/current/sl-2025-0239).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Children (Interstate Transfer of Offenders) Regulation 2020](/view/html/repealed/current/sl-2020-0122), which would otherwise be repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Children (Interstate Transfer of Offenders) Act 1988](/view/html/inforce/current/act-1988-085).\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":2},{"sectionNumber":"4","sectionType":"section","heading":"Legislation of other States and Territories","content":"#### 4 Legislation of other States and Territories\n\n4 Legislation of other States and Territories\n\n> For the Act, section 4(2), the following States are declared to have enacted legislation dealing with the interstate transfer of young offenders—\n> \n> > Australian Capital Territory\n> \n> > Northern Territory\n> \n> > Queensland\n> \n> > South Australia\n> \n> > Tasmania\n> \n> > Victoria","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Children (Interstate Transfer of Offenders) Regulation 2020](/view/html/repealed/current/sl-2020-0122) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Children (Interstate Transfer of Offenders) Regulation 2020](/view/html/repealed/current/sl-2020-0122), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation replaces the 2020 regulation but does not introduce new substantive rights, offences, fees or enforcement powers in its text. It (a) names the instrument and sets commencement by publication (s 1–2), (b) defines the Act reference and relies on external interpretation rules (s 3), (c) declares which States are treated as having transfer laws for the Act’s purposes (s 4), and (d) repeals the prior regulation while preserving existing effects (s 5). There is no provision in the supplied text expanding or narrowing the Act’s substantive scope."},"complexity_factors":["Concise structure: only five short clauses (name, commencement, definition, list of States, repeal/savings) reduces internal complexity (see ss 1–5).","External references: relies on the Act and the Interpretation Act for definitions and operation, creating interpretive dependencies outside the regulation (s 3).","Cross-jurisdictional dependency: operation depends on the content and existence of interstate laws declared in the regulation, requiring officials to consult other States’ legislation (s 4).","Transitional legal effects: repeal plus savings preserves pre-existing acts/matters, so administrators must identify which ongoing matters continue despite repeal (s 5(2)).","Administrative timing: commencement is tied to publication on the NSW legislation website, which delegates precise start date to an administrative event (s 2)."],"plain_english_summary":"This regulation repeals and replaces the 2020 regulation, declares which other States’ laws count for interstate transfers under the Children (Interstate Transfer of Offenders) Act 1988, and preserves existing arrangements. It commences on publication to the NSW legislation website. It affects children subject to interstate transfer, the NSW agencies and courts that apply the Act, and counterpart agencies in the listed States by clarifying which jurisdictions are recognised for transfer purposes."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains identical scope to its 2020 predecessor. It is a pure machinery provision with no expansion of substantive powers or coverage."},"complexity_factors":["Extremely short: only 5 operative provisions","Single defined term ('the Act')","No conditional logic, exceptions, or nested provisions","Straightforward repeal-and-replace structure with standard savings clause","No cross-references beyond basic interpretive references to parent Act and Interpretation Act 1987"],"plain_english_summary":"**What this regulation does:**\n\nThis is a short, technical regulation that supports the *Children (Interstate Transfer of Offenders) Act 1988* (NSW). It does three main things:\n\n- **Updates the machinery:** It repeals and replaces the 2020 version of the same regulation, which was due to expire automatically in September 2025. This keeps the legal framework alive without any substantive changes.\n\n- **Lists cooperating jurisdictions:** It formally declares which other Australian states and territories have laws allowing young offenders to be transferred across borders. The list includes the ACT, Northern Territory, Queensland, South Australia, Tasmania, and Victoria. (Western Australia and New South Wales itself are not listed here because the Act already covers NSW, and WA either lacks compatible legislation or isn't covered by this particular scheme.)\n\n- **Preserves past decisions:** It includes a \"savings provision\" — meaning any transfer applications, orders, or administrative actions made under the old 2020 regulation remain valid and effective under the new 2025 version.\n\n**Who it affects:**\n\n- Young people (under 18) who have been sentenced in one state or territory and need to serve their sentence or supervision in another state closer to family or support networks.\n- Corrective services and youth justice officials who coordinate these transfers.\n- Courts and tribunals that approve or review transfer applications.\n\n**Why it matters:**\n\nWithout this regulation, the 2020 version would automatically expire in September 2025, creating a gap in the legal framework for transferring young offenders between states. This ensures continuity of a scheme that allows children to serve sentences closer to home, which generally supports rehabilitation and family contact."},"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":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata and title, the regulation appears to remain consistent with its stated purpose — providing procedural rules for the interstate transfer of young offenders. There is no indication from the available text that the regulation has expanded or contracted from its original intent under the parent Act."},"complexity_factors":["Involves cross-jurisdictional coordination between multiple Australian states and territories, each with their own youth justice frameworks","Operates under a parent Act (the Children (Interstate Transfer of Offenders) Act), requiring readers to consult that Act to fully understand the regulation's scope","Deals with a specialised area of law intersecting youth justice, criminal law, and administrative procedure","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity layer","Full operative provisions were not available in the provided text, limiting detailed analysis and suggesting the actual regulation content may add further complexity"],"plain_english_summary":"This NSW regulation sets administrative rules for transferring children and young people found guilty of offences between Australian states and territories, governing how their sentences or supervision are managed when they move across borders. \n\nIt affects convicted young people, their parents/guardians, youth justice agencies and courts—clarifying responsibility, rights and procedures to avoid confusion. It began 30 May 2025 and is slated for automatic repeal on 1 September 2030."}},"importantCases":[],"_links":{"self":"/api/acts/children-interstate-transfer-of-offenders-regulation-2025","history":"/api/acts/children-interstate-transfer-of-offenders-regulation-2025/history","analysis":"/api/acts/children-interstate-transfer-of-offenders-regulation-2025/analysis","conflicts":"/api/acts/children-interstate-transfer-of-offenders-regulation-2025/conflicts","importantCases":"/api/acts/children-interstate-transfer-of-offenders-regulation-2025/important-cases","documents":"/api/acts/children-interstate-transfer-of-offenders-regulation-2025/documents"}}