{"id":"nsw:sl-2024-0404","name":"Children’s Court Regulation 2024","slug":"children-s-court-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"404 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174425,"registerId":"nsw-sl-2024-0404-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’s Court Regulation 2024](/view/pdf/asmade/sl-2024-404).","sortOrder":0},{"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 This regulation repeals and replaces the [Children’s Court Regulation 2019](/view/html/repealed/current/sl-2019-0383), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section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’s Court Act 1987](/view/html/inforce/current/act-1987-053).\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":"Appeals taken to be appeals to the Supreme Court—the Act, s 22A(5)","content":"#### 4 Appeals taken to be appeals to the Supreme Court—the Act, s 22A(5)\n\n4 Appeals taken to be appeals to the Supreme Court—the Act, s 22A(5)\n\n> > (1) The following appeals to the District Court in relation to a decision of the Presidential Children’s Court are taken to be an appeal to the Supreme Court—\n> > \n> > > (a) an appeal under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157), section 91, 91I, 109V, 231K or 231O,\n> > \n> > > (b) an appeal under the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), Part 3, including because of the [Bail Act 2013](/view/html/inforce/current/act-2013-026), Schedule 2, clause 17,\n> > \n> > > (c) an appeal under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), section 84(2).\n> \n> > (2) For the purposes of the appeals—\n> > \n> > > (a) references in provisions specified in subsection (1) to the District Court are taken to be references to the Supreme Court, and\n> > \n> > > (b) references to a proclaimed place in the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), Part 3 must be disregarded.\n> \n> > (3) The appeals are subject to the rules of court applying to appeals to the Supreme Court.","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’s Court Regulation 2019](/view/html/repealed/current/sl-2019-0383) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Children’s Court Regulation 2019](/view/html/repealed/current/sl-2019-0383), had effect under that regulation continues to have effect under this regulation.","sortOrder":4}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the regulation's scope changed from its original intent. Only status and metadata information is present — no substantive provisions are visible to compare against any stated purpose or explanatory materials."},"complexity_factors":["Only administrative/metadata content was provided — no operative legal provisions are visible for analysis","The regulation sits within a broader legislative framework (Children's Court Act and Subordinate Legislation Act) requiring familiarity with both","Staged repeal mechanism adds a time-limited dimension that users must track","As a regulation (not an Act), it operates subordinately to a parent Act, adding an interpretive layer"],"plain_english_summary":"This NSW regulation sets the administrative rules for how the Children’s Court operates in matters involving children and young people (criminal and care/protection proceedings), affecting young people, families, lawyers, court staff and support services. It commenced 23 Aug 2024 and is due for automatic repeal on 1 Sep 2029. The supplied text lacks the operative provisions, so specific procedural details aren’t available here, but such rules shape fees, forms, timeframes and access to justice."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation expressly repeals and replaces the 2019 Regulation (s 5(1)) and reclassifies certain appeals from the Presidential Children’s Court so they are \"taken to be\" appeals to the Supreme Court and subject to Supreme Court rules (s 4(1), (3)). It also provides transitional savings so existing effects under the old regulation continue (s 5(2)). The change is procedural: it alters appellate destination and applicable rules rather than creating new substantive offences or new categories of persons."},"complexity_factors":["Reclassification of appeal destination from District Court to Supreme Court for specified statutes (s 4(1)) creates procedural complexity for practitioners and courts.","Substitution and disregarding of statutory references (s 4(2)) requires careful statutory-reading and may affect how other Acts operate in practice.","Application of a different body of rules (Supreme Court rules) to these appeals (s 4(3)) changes filing, timetables and costs structures.","Cross-references to multiple other Acts (Children and Young Persons (Care and Protection) Act 1998; Crimes (Appeal and Review) Act 2001; Crimes (Domestic and Personal Violence) Act 2007) increase interpretive load.","Repeal and savings mechanism (s 5(1)–(2)) preserves prior effects while replacing the instrument, imposing transition checks for ongoing matters.","Immediate commencement on publication (s 2) shortens implementation lead time for affected parties and court administration."],"plain_english_summary":"This regulation replaces the prior Children’s Court Regulation and changes how certain appeals from the Presidential Children’s Court are handled. Mechanically, it treats specified appeals that would go to the District Court as appeals to the Supreme Court and makes those appeals subject to Supreme Court rules. It affects litigants, legal practitioners and court administrators by altering the appellate destination and the procedural rules that apply, and preserves existing legal effects carried over from the prior regulation."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: prescribing which court hears appeals from the Presidential Children's Court. The 2024 version is a direct replacement of the 2019 regulation with no expansion of subject matter or jurisdictional scope."},"complexity_factors":["Only 1 defined term ('the Act')","Single substantive operative provision (section 4) with straightforward conditional logic","No nested exceptions or complex cross-referencing structures","Brief 5-section structure with clear sequential numbering","References to external legislation are explicit and limited to specific sections","Savings provision (section 5) is standard boilerplate with no conditional triggers"],"plain_english_summary":"**What this regulation does:**\n\nThis is a short, technical regulation that updates the rules for appeals from the Children's Court in New South Wales. Specifically, it redirects certain appeals that would normally go to the District Court so they go to the Supreme Court instead—but only when the original decision was made by the **Presidential Children's Court** (the most senior judicial officer of the Children's Court).\n\n**Who it affects:**\n\n- **Children and young people** involved in care and protection proceedings, criminal appeals, or domestic violence matters where they want to challenge a decision\n- **Lawyers** handling appeals from the Presidential Children's Court\n- **The courts themselves**—the Supreme Court now hears these specific appeals instead of the District Court\n\n**Why it matters:**\n\nWhen the head of the Children's Court makes a decision, appeals on serious matters (like removing children from families, criminal convictions, or domestic violence orders) now go straight to the highest court in NSW rather than an intermediate court. This:\n- **Speeds up the process** by removing one layer of appeals\n- **Recognises the significance** of decisions made by the court's most senior judicial officer\n- **Ensures consistency** with how other serious judicial decisions are appealed\n\nThe regulation also **repeals and replaces** the 2019 version of these rules, with all existing decisions and processes continuing uninterrupted."}},"importantCases":[],"_links":{"self":"/api/acts/children-s-court-regulation-2024","history":"/api/acts/children-s-court-regulation-2024/history","analysis":"/api/acts/children-s-court-regulation-2024/analysis","conflicts":"/api/acts/children-s-court-regulation-2024/conflicts","importantCases":"/api/acts/children-s-court-regulation-2024/important-cases","documents":"/api/acts/children-s-court-regulation-2024/documents"}}