{"id":"community-based-sentences-interstate-transfer-regulations-2021","name":"Community Based Sentences (Interstate Transfer) Regulations 2021","slug":"community-based-sentences-interstate-transfer-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235307,"registerId":"sa-community-based-sentences-interstate-transfer-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Community Based Sentences (Interstate Transfer) Regulations 2021","content":"South Australia\nCommunity Based Sentences (Interstate Transfer) Regulations 2021\nunder the Community Based Sentences (Interstate Transfer) Act 2015\n\nContents\n1\tShort title\n2\tCommencement\n3\tParticipating jurisdictions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Community Based Sentences (Interstate Transfer) Regulations 2021.\n2—Commencement\nThese regulations come into operation on 1 December 2021.\n3—Participating jurisdictions\nFor the purposes of paragraph (b) of the definition of participating jurisdiction in section 3 of the Community Based Sentences (Interstate Transfer) Act 2015, each of the following is declared to be a participating jurisdiction:\n\t(a)\tthe Australian Capital Territory;\n\t(b)\tNew South Wales;\n\t(c)\tthe Northern Territory;\n\t(d)\tQueensland;\n\t(e)\tTasmania;\n\t(f)\tVictoria;\n\t(g)\tWestern Australia.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n169\nGazette 18.11.2021 p4036 \n1.12.2021: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations implement the Act by formally declaring which jurisdictions participate; they do not broaden or narrow the Act's substantive powers or add new legal obligations beyond naming the participating jurisdictions and fixing a commencement date."},"complexity_factors":["Very narrow subject‑matter: regulation solely declares participating jurisdictions (reg 3).","Short instrument: three clauses (short title, commencement, participants).","Low drafting ambiguity: plain list of jurisdictions with clear commencement date (regs 1–3).","Dependent on parent Act: substantive mechanics and obligations are set by the Community Based Sentences (Interstate Transfer) Act 2015, so regulations are limited to designation.","Operational complexity lies outside the text: cross‑jurisdictional administration and coordination may impose practical implementation work for agencies despite legal simplicity."],"plain_english_summary":"These regulations name which Australian states and territories count as “participating jurisdictions” under the Community Based Sentences (Interstate Transfer) Act 2015. They commenced on 1 December 2021 and list the ACT, New South Wales, the Northern Territory, Queensland, Tasmania, Victoria and Western Australia.\n\nThe rules affect people serving community‑based sentences and the agencies that administer interstate transfers by enabling transfers between South Australia and the listed jurisdictions; they do not create new offences or penalties."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative content was not available. The page returned a 'Page Not Found' error. No comparison between original intent and final form is possible from the information provided."},"complexity_factors":["No actual legislative text was retrievable — only a website error page was provided","Analysis is limited to inference from the title only","Interstate transfer of sentences inherently involves multi-jurisdictional coordination, which typically adds regulatory complexity, but this cannot be confirmed without the text","Regulations (as opposed to Acts) tend to be more technical and procedural in nature"],"plain_english_summary":"These Regulations set out how community‑based sentences (like community service, supervision or home detention) can be transferred between South Australia and other jurisdictions, who supervises transferred offenders, and how conditions and breaches are managed. They matter to people serving such sentences, corrections and probation staff, and courts to ensure continuity of supervision across borders.\n\nNote: the official link returned a \"Page Not Found\" error; search the SA legislation site or contact OPCWeb@sa.gov.au."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The regulations perform exactly the narrow, technical function intended: activating the parent Act's framework by declaring participating jurisdictions. There is no scope creep—the content is purely instrumental to the Act's operation."},"complexity_factors":["Only 3 substantive provisions (short title, commencement date, and list of jurisdictions)","Zero defined terms within the regulations themselves (relies entirely on parent Act definitions)","No conditional logic, exceptions, or cross-references beyond the single reference to section 3 of the parent Act","Total length: approximately 150 words of operative text","Purely declaratory function—simply names the participating jurisdictions without imposing any obligations or creating any procedures"],"plain_english_summary":"These regulations are a short, technical piece of law that makes the Community Based Sentences (Interstate Transfer) scheme actually work across Australia.\n\n**What it does:**\nThe regulations officially list which states and territories have signed up to a system where people serving community-based sentences (like good behaviour bonds, community service, or home detention) can transfer those sentences across state borders. Without this list, the main Act (the Community Based Sentences (Interstate Transfer) Act 2015) couldn't function properly.\n\n**Who it affects:**\n- **Offenders** who need to move interstate while serving community sentences (for example, to care for family, take a job, or relocate)\n- **Courts and corrections staff** in South Australia and the listed jurisdictions who handle the paperwork and supervision of transferred sentences\n- **The seven named jurisdictions**: ACT, NSW, NT, Queensland, Tasmania, Victoria, and Western Australia\n\n**Why it matters:**\nBefore these regulations, someone serving a community sentence in South Australia who needed to move to, say, Melbourne for work would face a nightmare: either breach their sentence by leaving, or have it cancelled and potentially go to jail. This system lets the sentence \"travel\" with them, supervised by authorities in their new state. The regulations are the 'on switch' that activates the scheme for the jurisdictions that have agreed to participate."}},"importantCases":[],"_links":{"self":"/api/acts/community-based-sentences-interstate-transfer-regulations-2021","history":"/api/acts/community-based-sentences-interstate-transfer-regulations-2021/history","analysis":"/api/acts/community-based-sentences-interstate-transfer-regulations-2021/analysis","conflicts":"/api/acts/community-based-sentences-interstate-transfer-regulations-2021/conflicts","importantCases":"/api/acts/community-based-sentences-interstate-transfer-regulations-2021/important-cases","documents":"/api/acts/community-based-sentences-interstate-transfer-regulations-2021/documents"}}